701.1 GBRPLCAT

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Art. 36 Law on Construction and Spatial Planning (LCAT)

7. Constructions, travaux publics, énergie, Transportation and Communications » 70. Construction and Land Development » 701. Construction

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Art. 36 Law on Construction and Spatial Planning (LCAT)

1 When construction work is carried out without a permit or in violation of its provisions, the competent building police authority orders the suspension of the work; this decision is immediately enforceable.

2 If the defect can potentially be rectified by a permit issued subsequently, the building police authority grants the owner or the holder of the building rights a period to submit a permit or modification application during the work, informing them that if this application is not submitted within this period, it will order the restoration to a legally compliant state.

3 If it is immediately apparent that the defect cannot be rectified by a subsequently issued authorization, or if the application is not submitted in accordance with paragraph 2 above, or if it is ultimately refused, the building police authority grants the owner or holder of the building rights an appropriate period to eliminate or alter the constructions or parts of constructions built unlawfully, under the threat of enforcement by substitution.

4 Upon the expiration of a five-year period from the date of the completion of the unlawful work, the restoration to a legally compliant state can only be required if dictated by overriding public interests.

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Court Decisions Applying This Provision (14)

ADM 2024 56 · ju (art. 36 al. 1 LCAT)

Restaurant Closure Dispute and Mootness of Appeal

Cited as the legal basis for ordering the suspension of works when the use of a building is not compliant with the construction permit.

ADM 2022 159 · ju (art. 36 al. 3 LCAT)

Property Owner's Illegal Modifications and Subsequent Permit Upheld Amidst Neighbor Objections

Cited in the parties' conclusions as the legal basis for ordering the restoration of the state compliant with the law.

ADM 2021 50 · ju (art. 36 al. 3 LCAT)

Farmer's illegal apartments must be removed.

Used to order the removal of illicit constructions outside the building zone, as they cannot be corrected by a subsequent permit.

ADM 2021 60 · ju (Art. 36 al. 3 LCAT)

Farmer Denied Appeal Over Grazing Restrictions and Unpermitted Structures

Cited as the legal basis for ordering the removal of illicitly constructed buildings if the vice cannot be corrected.

ADM 2018 30 · ju (Art. 36 al. 1 LCAT)

Landowner v. Environmental Department: Gas Pipeline Permit Dispute

The court cites this article concerning the authority competent in building police matters to order the suspension of works executed without a permit or in violation thereof.

ADM 2018 30 · ju (Art. 36 al. 4 LCAT)

Landowner v. Environmental Department: Gas Pipeline Permit Dispute

The court refers to this article in relation to the possibility of demanding the restoration of the legal state, especially considering the time elapsed since the illicit works were completed and the potential for imposing such a measure only if dictated by imperative public interests.

ADM 2016 62 · ju (art. 36 al. 1 LCAT)

Agricultural Shed Conversion Dispute

Cited as the legal basis for requiring the owner to present a permit application or modification request when construction is done without a permit or in violation of one, with the alternative of ordering the restoration of the legal state.

ADM 2016 62 · ju (art. 36 al. 3 LCAT)

Agricultural Shed Conversion Dispute

Cited as the provision allowing the construction police authority to set a deadline for eliminating or modifying illegally built constructions or parts thereof, under threat of execution by a third party, if a permit cannot be granted or is refused.

ADM 2016 16 · ju (Art. 36 al. 1 LCAT)

Demolition Order Upheld for Non-Compliant Balcony

Governs the procedure when construction works are executed without a permit or in violation of its provisions, allowing for a deadline to submit a permit application or modification.

ADM 2016 16 · ju (Art. 36 al. 3 LCAT)

Demolition Order Upheld for Non-Compliant Balcony

Specifies the procedure when a permit cannot be granted or the application is refused, leading to an order to remove or modify non-compliant constructions under threat of execution by third parties.

ADM 2015 75 · ju (Art. 36 al. 5 LCAT)

Neighbor's Hay Barn Permit Upheld Despite Minor Deviations

Cited to dismiss claims related to the first building due to the expiration of the five-year period for requesting restoration to a lawful state.

ADM 2014 70 · ju (Art. 36 al. 1 LCAT)

Municipality Lacks Standing to Appeal Shooting Range Closure Order

This article was cited to confirm that the appeal did not have suspensive effect.

ADM 2012 96 · ju (art. 36 al. 4 LCAT)

Demolition of Dilapidated Farm Buildings Upheld

This provision states that after five years from the completion of illicit works, the restoration of legal compliance can only be demanded if imperative public interests require it, and it was applied to justify the removal of the shed based on overriding public interests in land-use planning.

ADM 2024 76 · ju (Art. 36 al. 1 LCAT)

Restaurant Operation Suspension Upheld in Building Permit Dispute

Cited as the legal basis for the competent authority to order the suspension of construction work when it is executed without a permit or in violation of its provisions, and stating that such a decision is immediately enforceable.