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

1 A building permit is required for any construction, installation, or measure that falls under building legislation, in particular

a) the construction, significant transformation, and demolition of buildings, parts of buildings, and any other installation;

b) the creation and extension of camping sites, landfill sites, material extraction sites, and wind farms unless all conditions have been precisely defined by the special plan;

c) significant modifications made to land.

2 No construction, installation, or measure requiring authorization may be undertaken before the competent authority has granted a building permit that has come into force or has provisionally authorized the commencement of work.

The building permit is granted

a) if the project complies with public law requirements;

b) if it is not contrary to public order; and

c) provided that there are no planning obstacles within the meaning of Articles 20 and 21.

1 No building or installation may be constructed in locations where life and property are, through experience or predictability, threatened by rockfalls, landslides, collapses, floods, and other natural hazards.

2 The landowner retains the right to establish that the danger threatening the building plot and the access road has been eliminated by safety measures.

1 The equipment of the building site (sufficient access roads, water supply and energy supply, wastewater disposal and treatment, stormwater drainage or infiltration, drainage systems) must be ensured by the date on which the building or installation will be completed or, if necessary, even before the work has commenced.

2 The equipment must be harmonized and, if necessary, established jointly; they will be through the building permit (private equipment) or, generally, by a special plan.

3 A public or private access road that, through its construction and layout, satisfies the foreseeable use and, insofar as it crosses another's property, is legally guaranteed, is considered sufficient; Article 72 of the law on road construction and maintenance ("Private Access") remains reserved.

4 The Government defines the notion of sufficient equipment and establishes conditions allowing the moderation of traffic on certain roads in residential and commercial districts.

**1.** Constructions, installations, and advertising panels must integrate into the landscape and sites; if necessary, conditions and charges may be imposed, or modification of the project may be required, within the framework of the permit granting procedure.

**2.** Special attention is given to

a) landscapes, the typical appearance of built locations and streets, buildings, installations, and viewpoints of particular beauty or character;

b) historical monuments and their surroundings, as well as archaeological sites;

c) watercourses, water bodies, and wetlands, as well as their surroundings;

d) botanical stations and animal habitats;

e) groups of trees, hedges, and groves that are characteristic of a landscape or built environment;

f) orchards, meager pastures, and dry land.

**3.** Special legislation applies to objects listed in the inventories of the Confederation or the Canton.

1 The distances to a public road are those prescribed by the law on the construction and maintenance of roads, unless local regulations provide otherwise.

2 Municipalities may, in their regulations

a) reduce the building limit up to the road boundary;

b) set a shorter distance along certain specified sections;

c) require construction at the road boundary, within precisely defined areas, particularly in old districts.

1 Pursuant to the water management regulations, the Department of Environment and Equipment (hereinafter referred to as the "Department") determines on a case-by-case basis the distances to be observed in relation to public waters or waters under state supervision, unless municipal regulations establish sufficiently general distances.

2 The distance is measured from the upper edge of the bank; the Department decides in case of doubt.

The distances prescribed by federal laws or other cantonal laws are reserved, particularly the distances in relation to railways, national roads, and forests.

1 New constructions must not touch national or cantonal borders.

2 They result in an adjustment of municipal boundaries to the extent that they overlap these boundaries.

1 The order of constructions, orientation, dimensions, density, and architectural form are governed by municipal regulations.

2 Local usage applies when the municipal regulations contain no specific provisions in this regard.

1 Exterior arrangements of buildings and installations must be carried out in such a way that they integrate into the landscape and built environment while meeting the needs of users.

2 In their regulations, municipalities may, in particular

a) require the planting, conservation, and maintenance of trees;

b) prescribe a sufficient proportion of green spaces;

c) limit earth movements;

d) prescribe the nature of walls, fences, and barriers.

**1. During the construction, enlargement, or change of use of a building or installation, necessary parking spaces for passenger cars must be provided in an adequate number on the same plot or in its immediate vicinity.**

2. Additionally, parking spaces for bicycles, mopeds, and motorcycles must be provided in sufficient numbers.

3. The access, location, dimensions, and layout of the parking spaces are determined based on traffic requirements, the protection of the built environment, and the preservation of the site and landscape.

4. Parking spaces for passenger cars are designed, in a proportion determined by the Government, to allow for the installation of electric charging stations.

5. In their special plans, municipalities, regions, and the Canton must provide, near the roadway and for the benefit of short-term parking, an adequate number of parking spaces for passenger cars as well as sufficient parking spaces for bicycles, mopeds, and motorcycles.

6. In their construction regulations or in a special regulation, municipalities may in particular

a) Order, for a specific area, either the creation of collective parking facilities or participation in the construction and use of such facilities;

b) Provide for the payment of a substitute tax when the project owner is released from the obligation to provide all or part of the adequate parking spaces; the proceeds from this tax must ensure a satisfactory parking offer and promote soft mobility in city centers; the Government specifies the allocation of this tax;

c) Limit or prohibit the establishment of parking spaces in areas where traffic must be reduced or prohibited, as well as in sensitive locations.

A parking space refers to a designated and marked area intended for the parking of a vehicle.

The term "parking area" refers to a surface comprised of multiple parking spaces as well as the access to these spaces.

1 A collective parking facility is defined as any parking area not attached to one or more specific buildings.

2 A collective parking facility may only be constructed based on a needs assessment demonstrating the necessity of such a facility in the relevant area.

1 For the purposes of this article, a parking area is defined as a parking surface consisting of several parking spaces and their access ways, which is not incorporated into a multi-level building.

2 A parking area may not exceed under any circumstances 1,800 m².

3 Any excess parking surface must be integrated into a multi-level building.

1 Exceptions to Article 12, paragraphs 1, 2, and 4, fall under the jurisdiction of the authority that issues the building permit.

2 For the remainder, Articles 25 to 28 shall apply.

1 During the construction of residential complexes, relaxation areas are developed by the project owner.

2 When municipalities develop relaxation areas, they may request contributions from landowners in proportion to the benefits they derive from them.

1 All buildings and installations must be constructed and maintained in such a way as to not endanger people or property; they must comply with health, fire, industrial, and labor regulations.

2 Objects worthy of protection must be maintained in a manner that ensures the safeguarding of heritage.

1 When new, public buildings and facilities, housing for the elderly, housing complexes, roads, and facilities must also be designed with consideration for the needs of persons with disabilities.

2 The needs of persons with disabilities are specifically taken into account through the application of the following measures

a) access from the street to premises open to the public must be wheelchair accessible;

b) buildings of four stories or more must be equipped with an elevator with dimensions suitable for wheelchairs;

c) the architectural design of parts of buildings and facilities intended for the public must consider persons with disabilities;

d) parking spaces for motor vehicles for persons with disabilities must be reserved and clearly marked.

3 The Department may require simple and low-cost modifications in existing buildings to facilitate access for persons with disabilities.

Buildings and installations must not cause emissions for the neighborhood that are contrary to the zoning designation.

1. The application for a permit shall be submitted to the municipal council; it must be completed on the official form and accompanied by the location plan, the plans, any required documents, and, where applicable, the reasons for exemption.

2. The documents listed in paragraph 1 shall comply, in terms of presentation, content, and quantity, with the provisions of the decree regarding the building permit.

3. One copy of the application and the other documents shall be transmitted to the municipal council through the application for managing the building permit procedure made available by the State.

1 Upon receipt of the building permit application, the municipal authority examines whether the application is complete, requests any necessary additions, and if it is not itself competent to issue the permit, forwards the file to the Building Permit Section.

2 The Building Permit Section or, where applicable, the competent municipal authority for issuing the permit, immediately proceeds with a preliminary examination of the file. It returns incomplete or non-compliant applications to the applicant, inviting them to provide the necessary additions and corrections.

3 When the Building Permit Section is competent and the file is complete, it transmits a copy to the municipal authority within 10 days so that it can proceed with the publication of the application (art. 19 LCAT). The publication takes place without delay, after any required profiles have been set up.

4 When it is not competent to issue the permit, the municipal authority forwards the file to the Building Permit Section within 10 days following the expiration of the opposition period, along with its report and proposals.

5 Authorities are required to process files using the application for managing the building permit procedure.

The review of building permit applications in areas of cantonal interest is expedited according to the modalities defined by the Government.

1 Applications for permits and variances must be published in accordance with the provisions of the decree concerning building permits or communicated to directly interested parties; the right to object will be mentioned.

2 The following have standing to object

a) individuals whose protected interests would be affected by the proposed construction;

b) private organizations whose primary and ongoing mission, according to their statutes, is to protect the interests safeguarded by this law, particularly nature and heritage protection societies;

c) municipal authorities, associations of municipalities, and the State, within the scope of safeguarding the public interests entrusted to them.

3 The objection, written and reasoned, shall be submitted to the competent municipal authority.

4 In opposition proceedings, the applicant shall bear the costs related to the conciliation session, unless the objection is manifestly inadmissible or manifestly unfounded, in which case these costs shall be borne by the objector. (...).

1 The decision regarding permit applications shall be made in accordance with the law in force at the time they were submitted.

2 The following provisions are reserved

a) projects that, at the time of the application, are contrary to municipal construction regulations subject to a public deposit shall be referred back; Article 21, paragraph 2, letters c and d shall apply;

b) in accordance with the provisions of the law on the construction and maintenance of roads concerning road plans, cantonal special plans take effect upon public deposit;

c) if an application has been submitted taking into account new proposed regulations, the decision shall be made under these regulations once they have been approved.

1 If an application for a permit concerns a plot of land for which there are no regulations, or insufficient regulations, and if the construction affects significant public interests, particularly local planning, the competent municipal authority may suspend the procedure by filing an objection.

2 The following provisions shall then apply

a) within three months following the failure of conciliation, the municipality shall publicly deposit the necessary regulations or designate the land which was the subject of its objection as a reserved area (art. 75); for significant reasons, the permitting authority may extend this period by no more than three months;

b) for the preparation of a local planning scheme, or if the importance of the project requires it, the Planning Department may, exceptionally, extend this period by no more than one year;

c) the municipality shall then adopt the new regulations and submit them for approval to the Planning Department; at the request of the applicant, the Planning Department may grant the municipality a reasonable period for this purpose;

d) if the municipality does not comply with the deadlines, or if the new regulations are not approved, the decision concerning the permit application shall be made under the current law.

3 The Department may file an objection to safeguard significant interests of cantonal planning; paragraph 2 shall apply mutatis mutandis.

1 Once the application is complete and without waiting for publication, the competent authority for granting the building permit collects the special authorizations and opinions related to the project from the authorities involved in the procedure. These authorities must give their opinion within 30 days.

2 It ensures that the special authorizations and opinions are coordinated.

3 If the involved authorities issue contradictory opinions or if the competent authority for granting the building permit disagrees with the expressed opinions, the latter initiates a review of the concerned authorizations and opinions.

1 Data Related to the Single Decision on the Building Permit Application According to Article 22

The data relating to the single decision concerning the building permit application as per Article 22 are coordinated within an administrative unit comprising the relevant authorities, under the direction of the Building Permits Section.

2 If the building permit application pertains to a project located within the jurisdiction of a municipality that has the authority to issue the permit, this municipality is included in the unit.

3 The relevant authorities are required to collaborate within the prescribed deadlines and according to the procedures defined by the Government.

1 After conducting a comprehensive weighing of the interests involved, the competent authority responsible for issuing the permit shall render a single decision regarding the permit application, which includes any special authorizations and potential exemptions. Where applicable, it shall rule on any objections.

1a This decision must be made within 30 days following the final receipt of the application dossier, all required special authorizations, and all necessary preliminary opinions. The time frame extends to three months if the authority must rule on objections.

1b In areas designated as cantonal interest zones, this decision is issued immediately following the public submission period of the application. The time frame is two months when the authority must rule on objections.

2 Only this decision may be subject to opposition in accordance with Article 94 and subsequent articles of the Administrative Procedure Code.

3 The option for opposition is only available if the project has not given rise to objections as per Article 19 or if all such objections have been withdrawn at the time the authority makes its decision.

1 If the opposition is rejected according to Article 22, paragraph 2, or when the path of opposition has not been opened based on this provision, the decision may be appealed directly to the administrative judge.

2 The applicant, the opponents, and the competent municipal authority, whose opinion has not been followed by the authority that issued the permit, have standing to appeal before the administrative judge.

3 The administrative judge and the Administrative Court may also review the merits of the decision.

1 A permit issued contrary to public law regulations may, if public interest requires, be revoked by the authority that granted it; the Department may order the revocation after hearing said authority.

2 If construction work has already begun, revocation is only permissible

a) if overriding public interests require it; compensation to the owner is reserved, with the provisions concerning material expropriation being applied by analogy (Art. 102 et seq.);

b) if the applicant obtained the permit by misleading the authority.

3 The decision on revocation is immediately enforceable; it can be appealed in the same manner as decisions concerning the permit (Art. 22, para. 2, and Art. 23, para. 2).

1 For important reasons, exemptions from certain requirements may be authorized, provided that they do not harm a public interest.

2 Exemptions must not harm significant interests of neighbors either, unless such harm can be fully compensated by compensation (compensation for damages according to Articles 32 and 33).

3 The request for an exemption must be attached to the permit application; late exemption requests will only be considered if the delay is justified.

1 Exemptions to the municipal construction regulations are granted by the competent municipal authority; they are subject to ratification by the Building Permits Section.

2 Exemptions to the cantonal prescriptions are granted by the Department.

1 Notwithstanding the provisions of public construction law, particularly those of the special plan, the authority issuing the permit may authorize the installation of movable constructions and small buildings, such as garden sheds, kiosks, garages, etc., as well as small civil engineering works, such as daylight wells and garage access.

2 The authorization may be revoked at any time.

1 The exemption may be granted for a determined period or may be subject to revocation at any time; it may be linked to conditions or charges.

2 Upon expiration of the period or in the event of revocation, the owner shall remove the authorized construction or installation within an appropriate timeframe; they shall not be entitled to any compensation.

3 The authority granting the exemption may have the limitation of duration, the reserve of revocation, and the exclusion of claims for compensation concerning increased value (removal or added value reversal) recorded in the land register.

Exceptions Outside of the Building Zone

Exceptions outside of the building zones are governed by the federal legislation on spatial planning, as well as by the following Articles 29a and 29b.

The use of agricultural residential buildings, preserved in their substance, for residential purposes unrelated to agriculture is permitted under the conditions set forth in Article 24d, paragraph 3, of the Federal Act on Spatial Planning.

1 The complete change of use of buildings or installations deemed worthy of protection is permitted under the conditions set forth in Article 24d, paragraphs 2 and 3, of the Federal Act on Spatial Planning.

2 The buildings or installations concerned must have previously been placed under protection. This protection may result from

a) local zoning plans or

b) a decision made pursuant to legislation on the conservation of historical monuments.

1 Subject to paragraphs 2 to 3, the Territorial Development Service is competent to decide whether construction projects located outside the building zone comply with the zoning designation or if an exemption can be granted.

2 In the agricultural zone, the Rural Economy Service is competent to decide whether construction projects comply with the zoning designation.

3 In the forest area, within nature protection perimeters, and in water reserve perimeters, the Environment Office is competent to decide whether construction projects comply with the zoning designation or if an exemption can be granted.

**The Competent Authority within the meaning of Article 29c orders in its decision the entry in the land register of the conditions upon which the granting of the authorization is contingent, as well as other restrictions on property rights.**

1 Constructions and installations that significantly deviate from municipal regulations can only be authorized pursuant to a special plan (art. 60).

2 Anyone intending to carry out such a construction or installation may demand the special plan procedure.

1 The following are specifically considered as special constructions and installations

a) tower houses with more than eight levels above the developed ground level or with a total height exceeding 25 meters;

b) buildings and installations that have a height significantly greater than that permitted for the concerned zone;

c) campgrounds;

d) shopping centers with a sales area exceeding 500 square meters; in cities, this measure applies only outside traditionally commercial neighborhoods;

e) dumping grounds for obsolete cars, machines, and equipment;

f) dumping sites and extraction sites, except for very minor operations that may be authorized by way of an exemption according to Article 24 of the Federal Law on Spatial Planning.

2 Do not require a special plan

a) tower-shaped constructions such as church bell towers, observation towers, chimneys, masts, etc.;

b) industrial constructions in an industrial zone or in a zone exclusively for crafts, provided that the construction regulations do not require a special plan;

c) agricultural buildings;

d) ...

1 If a landowner benefits from a particular advantage granted to him at the expense of a neighbor as a result of a waiver, a special plan, or any other measure deviating from municipal building regulations, he must compensate the neighbor if the latter suffers a notable disadvantage.

2 The obligation to compensate falls on the person who, at the time when the decision on the building permit was rendered in the last instance, is the owner of the property or, if the construction was erected under a right of superficies, the holder of this right.

3 The claim for compensation is secured by a legal mortgage, in accordance with Article 88 of the introductory law to the Swiss Civil Code.

1 The specific advantage, as defined in Article 32, shall be announced upon publication or communicated by a special notice to the affected neighbors, who shall be invited to submit any claims for compensation for burdens to the designated authority within the objection period or within a specific period indicated in the notice.

2 The authority issuing the permit shall notify its decision, once it has come into force, to the persons who have announced a claim for compensation for burdens and shall inform them that they may, within 90 days, submit an application for compensation for burdens to the administrative judge.

3 The right to compensation for burdens is forfeited

a) if it has not been announced within the time limits, provided that the publication of the project or the notice by the local authority contained a warning of forfeiture;

b) when the time limit for submitting the application has not been observed.

1 The State creates and operates the application for managing the building permit procedure, taking into account the needs of the users and the authorities involved in the procedure.

2 Municipalities bear the costs of equipment and connection.

3 The application is made available to municipalities for a fee, the rate of which is set by the Government to ensure cost coverage.

4 The amount of this fee may be reflected in the fee charged for granting the building permit.

1 The regulation of construction activities is exercised by the competent municipal authority, under the supervision of the Construction Permit Section; the responsibilities of the Department, as outlined in paragraph 2 below, are reserved.

2 Within the Department's domain are

a) the regulation of road construction, in accordance with the law on the construction and maintenance of roads;

b) the regulation of hydraulic constructions, within the limits provided by Article 35.

3 The Government exercises high-level oversight over the regulation of construction activities.

4 If necessary, the bodies of the cantonal police and the municipal police are at the disposal of the construction regulation authorities.

1 Within the limits of their jurisdiction, the construction police authorities shall take the necessary measures to implement the present law, as well as the regulations and decisions based on it.

2 It is particularly incumbent upon them to

a) monitor compliance with construction regulations and the conditions and obligations attached to the building permit during the execution of projects;

b) restore the lawful state when work is carried out illegally or when construction regulations or the conditions and obligations are subsequently violated;

c) eliminate disruptions to public order caused by unfinished, poorly maintained, or otherwise legally non-compliant constructions and installations.

3 The powers of the local police in accordance with the local police decree are reserved.

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.

1. Decisions made pursuant to articles 35 and 36 may be challenged within 30 days through an appeal to the administrative judge.

2. The Construction Permit Section shall be heard during the proceedings.

3. If the appeal is dismissed, the ruling shall set a new deadline for the execution of the measures that had been ordered.

1 When the measures have not been carried out within the deadlines or have not been executed according to the requirements, the building police authority shall have them executed by third parties at the expense of the obligor.

2 These costs are secured by a legal mortgage, in accordance with Article 88 of the Introductory Law to the Swiss Civil Code.

3 ...

1 If the municipal authority neglects its duties concerning building regulations and public interests are thereby threatened, the Building Permit Division shall take the necessary measures in its place; if the interests in question fall within the purview of another service, it is the latter that shall have competence.

2 The costs shall be borne by the municipality subject to its rights of recourse against those liable, in accordance with Article 38.

1 A maximum fine of 40,000 francs is applicable to

a) anyone, in the capacity of a responsible party, who carries out or causes the execution of a construction project without a permit, in violation of the provisions of a permit, or the conditions and reservations associated with it;

b) anyone who does not comply with the enforceable orders of the building police.

2 In serious cases, a fine of up to 70,000 francs may be imposed.

3 If the offense was committed in the management of a legal entity, a general partnership, or a limited partnership, it shall be jointly liable for fines, fees, and costs; in criminal proceedings, it has the rights of a party.

4 The State, inter-municipal public law associations, and municipalities whose regulations and decisions have been violated may exercise the rights of a party in criminal proceedings.

**Territorial Planning**

Territorial planning aims at the judicious use of land and the rational occupation of the territory in accordance with the desired development of the Canton; it ensures the coordination of activities that have effects on the organization of the territory and the equitable distribution of land among various users.

1 The municipalities, regions, and the Canton shall consider the principles of spatial planning in all their activities; in the execution of their responsibilities, they shall take into account the natural data, the needs of the population and the economy, as well as the principles of sustainable development.

2 To this end, they must notably

a) protect the natural foundations of life (soil, air, water, forest);

b) preserve land suitable for agricultural use, particularly arable land;

c) organize the space in a way that promotes the development of the economic sectors of the various parts of the Canton;

d) develop and maintain a built environment conducive to housing and economic activities;

e) conserve the original landscapes, natural sites, and spaces necessary for leisure;

f) keep the shores of watercourses free and facilitate public access and usage;

g) preserve, maintain, and if necessary, restore the particular qualities of built sites, neighborhoods, and objects worthy of protection;

h) promote the fulfillment of the tasks incumbent upon public authorities concerning the environment, equipment, construction, and supply.

3 Measures taken under spatial planning shall restrict municipal autonomy, individual freedom, and private interests only to the extent required by the general interest.

1 The cantonal, regional, and communal authorities shall provide the population with comprehensive information regarding the plans, objectives, and progress of development works.

2 The participation of the population must be ensured in the preparation of the plans provided for by this law.

3 Everyone shall have the opportunity to submit comments and reasoned proposals; these shall be recorded in a report and brought to the attention of the authorities responsible for the decision and approval.

1 Cantonal Land Use Planning is conducted at the local, regional, and cantonal levels.

2 Local planning is the responsibility of the municipalities; it involves organizing the municipal territory through a local land use plan and the specific tasks related thereto (Art. 45).

2bis Regional planning falls under the jurisdiction of the regions. It notably includes establishing a regional master plan, which shall be binding for the municipalities of the region and the Canton.

3 Cantonal planning primarily involves establishing a master plan as per Articles 6 and following of the Federal Spatial Planning Act, which shall be binding for authorities at various levels.

4 The Government exercises overall supervision over land use planning.

1 Local planning includes the following elements, developed according to the needs of the municipality

a) basic studies;

b) municipal master plans;

c) the zoning plan for the entire municipal territory;

d) the zoning and building regulations;

e) special plans containing more detailed rules applicable to a specific part of the municipal territory.

2 The specific tasks of local planning are furthermore as follows

a) the provision of infrastructure for building land;

b) the development and enhancement of town centers and leisure zones;

c) the land readjustment, boundary adjustments, and the elimination of servitudes;

d) the provision of land for construction;

e) the enhancement of real estate heritage through rehabilitation.

1 The municipalities work towards the effective implementation of their planning through an active land policy tailored to local circumstances, in addition to the measures provided by legislation.

2 The municipalities adopt measures to ensure land availability, particularly during new zoning or changes in land use designation.

1 The real estate allocated to the building zone must be used in accordance with its designation within six years from the completion of the technical equipment of the neighborhood (art. 85). The Land Development Service may extend this period for justifiable reasons. The period begins to run no earlier than upon the entry into force of this provision.

2 If the real estate is not developed within this time frame, the municipality has a legal right of preemption at market value over all or part of the concerned area, provided that public interest outweighs private interest. When the municipality wishes to exercise its right, it issues a decision.

3 If the real estate is not developed, lies outside the built environment, and is not necessary for construction in the next fifteen years, the municipality proceeds with their reclassification.

4 To further increase the availability of building zones, the municipality may enter into administrative law contracts with owners establishing a right of preemption in favor of the municipality within a shorter period than that provided in paragraph 1. This right of preemption is recorded in the land register.

1 The municipal council is the authority responsible for local planning.

2 The municipal electoral body is competent to adopt or amend the zoning plan and related regulations, as well as special plans, subject to paragraph 3 below.

3 The municipal regulation may grant the general council (or city council) the competence to adopt or amend a special plan when it complies with the zoning plan regarding the type and degree of designation, or if it deviates only insignificantly.

4 The municipal council is competent to adopt or amend a master plan as well as a special plan when it is made mandatory (art. 66) or primarily addresses detailed infrastructure.

5 When plans and regulations need to be adapted, the Department invites the municipal council to proceed within a reasonable timeframe; if the competent municipal authority does not adapt the said plans and regulations, the Government may authorize the Department to undertake a substitution execution.

1 The Decree Concerning the Standard Regulation on Construction is applicable to rural municipalities where there is little construction.

2 When municipal regulations do not address an important aspect of construction law or address it inadequately, the Standard Regulation on Construction applies as supplementary law if it contains provisions appropriate to the municipal situation.

3 The Standard Regulation particularly establishes

a) The definition of construction order and the principles governing architectural design;

b) The maximum total height and maximum façade height of buildings;

c) The minimum distances to the boundary for buildings and installations and the minimum distances between buildings, as well as public law conditions relating to closely built constructions;

d) The principles for the protection of local sites and the landscape;

e) The subsidiary application, as public law, of private law prescriptions regarding constructions.

1 Basic studies compile the essential data of the existing situation and legal requirements.

2 Master plans outline the objectives to be achieved, taking into account the desired development and the evolution of needs.

3 Master plans bind the communal and cantonal executive authorities.

1 The construction regulation contains the general provisions of the municipality in this matter, the regulations related to the zoning plan, as well as any provisions concerning the levying of contributions.

2 According to their needs, municipalities shall notably enact detailed provisions regarding

a) the type and degree of use;

b) technical equipment (Art. 4);

c) the protection of sites and landscape (Art. 5);

d) special constructions and installations (Art. 30 and 31);

e) construction limits and distances between buildings (Art. 6 to 8);

f) the order and dimensions of constructions, as well as architectural form and color selection (Art. 10);

g) parking spaces and installations for vehicles (Art. 12);

h) outdoor arrangements and recreational spaces (Art. 11 and 13);

i) collective antennas, modifications to the terrain, collective installations, etc.

2bis Municipalities shall determine in their regulation a minimal gross land use index, according to the rules set in the cantonal master plan.

2ter Special plans may deviate from the minimal gross land use index specified for the zone.

2quater Municipalities may provide for a maximum gross land use index.

3 When the quality of primary residence within the building zone is threatened by an excessive presence of secondary residences, municipalities may designate areas where a maximum percentage of secondary residences is prescribed.

4 In their construction regulation or in special regulations, municipalities may provide for the following contributions

a) contributions or taxes owed by landowners for equipment (Art. 90) and for public interest works (Art. 92);

b) contribution or compensatory tax for the costs of arranging parking spaces (Art. 12) and recreational spaces (Art. 13);

c) connection and usage fees (for the collective antenna network, for example).

1 The zoning plan delineates the building land and its subdivisions, the agricultural zone as well as other zones; it designates protected areas, zones sensitive to natural phenomena, as well as nuisance zones.

2 Generally, the zoning plan includes, as an indication, measures taken in accordance with other legal provisions that encumber real estate; they particularly relate to

a) areas subject to forestry legislation;

b) natural reserves and protected objects;

c) water protection zones and perimeters.

1 The building zone comprises land suitable for construction that

a) is already largely built upon or

b) will likely be designated for construction within fifteen years and will be equipped within that period.

2 Municipalities may subdivide the building zone into areas for which the same regulations apply concerning the type or degree of use, notably into residential zones, central zones, industrial and artisanal zones, mixed zones, and village zones.

2bis Municipalities may delineate areas of activity of cantonal interest, with a regional status, in accordance with the principles of the cantonal master plan.

3 Municipalities may, as needed, provide for other types of use: farm zones, zones of public utility, green zones, sports and leisure zones, holiday home zones.

4 Types of use can be exclusive, prioritized, or mixed.

5 A special plan may be made mandatory (Art. 66) for a specific part of the building zone when it comes to adapting construction to the landscape, the existing built environment, the development of the center, or the harmonious expansion of the locality; it is mandatory for the holiday home zone.

1 Real estate holdings may be designated as farm zones provided they are located within the building zone and constitute an agricultural operation comprised of agricultural buildings and installations as well as surrounding areas necessary for the operation; however, this operation must appear secured both economically and practically.

2 The regulations concerning constructions and installations are identical to those governing the agricultural zone; however, emissions shall not exceed a normal rate.

3 A farm zone can be eliminated before the expiration of the fifteen-year period based on imperative requirements related to local planning, or if the means of livelihood of the agricultural enterprise are no longer secured.

4 In the event of elimination, the obligation to pay fees for the technical equipment implemented, from which the new zone benefits, remains due; the amount of the fees shall be determined based on the new designation.

1 The public utility zone encompasses land already used for facilities and structures of public interest or designated for such purposes, including

a) administrative buildings, schools, hospitals, churches, cemeteries, public utility facilities, civil protection community centers;

b) buildings and facilities of cultural and public utility institutions;

c) development of town or neighborhood centers, parks, gardens, playgrounds, and sports fields;

d) ski slopes, areas for installing ski lifts as well as for access roads and parking spaces.

2 The competent authority determines which public facilities and structures must be constructed within the public utility zone it has designated.

1. The green zone is intended to structure the built environment, to separate residential areas from industrial zones, to maintain green spaces within the centers of towns, and to protect the views and characteristic features of localities and monuments.

2. In the green zone, only underground constructions and installations or buildings and facilities necessary for the operation of said zone can be authorized, provided they do not undermine its purpose; under its building regulations, a municipality may permit, under these same conditions, the erection of small-sized buildings as defined in Article 27.

1 The development of sports fields and playgrounds, as well as areas intended for leisure activities, generally open to the public, may be carried out in the sports and leisure zone.

2 In its construction regulations, the municipality prescribes the nature of the authorized constructions as well as the building policing measures; the following may specifically be authorized

a) accessory buildings such as refreshment stands, changing rooms, showers and toilets, equipment storage, meeting rooms for users;

b) sports halls, common rooms, and dormitories.

1 In the vacation home area, the regulations of the special plan may exclude, or tie to specific obligations of the landowners, the provision of public services such as road maintenance, snow removal, and ice control; landowners will, if necessary, organize their own services and ensure, in particular, the proper disposal of waste.

2 Collective infrastructure facilities must be established at the commencement of construction within the area; the work must be organized to proceed in stages.

1 Agricultural areas are intended to guarantee the country’s long-term supply base, to preserve the landscape and recreational spaces, and to ensure ecological balance. They should be maintained as free from constructions as possible due to the various functions of the agricultural area and include

a) land that is suitable for agricultural exploitation or productive horticulture and is necessary for carrying out the various tasks assigned to agriculture;

b) land that, in the general interest, must be utilized by agriculture.

2 Constructions and installations are permitted if they conform to the purpose of the agricultural zone. The contrary provisions of federal legislation and articles 29a and 29b remain reserved.

3 The location of constructions and installations must be chosen based on the needs of rational land use and must respect the landscape and site appearance; article 5 is particularly applicable.

1 The special agricultural zone constitutes a subdivision of the agricultural zone in which constructions and installations intended for agricultural production not dependent on the soil are permitted, exceeding the limits of internal development defined by the federal legislation on land-use planning.

2 The cantonal master plan indicates the protected territories where special agricultural zones are excluded; it sets the criteria that must be met for the delineation of such zones in local planning schemes.

3 The construction and maintenance of technical equipment are the responsibility of the owners.

1 The cantonal master plan identifies the small urbanized entities located outside the building zone that municipalities may designate in their local development plans as hamlet zones; it sets out the principles applicable to these zones.

2 The procedure provided for in Article 29c, paragraph 1, applies by analogy to construction, transformation, or change of use projects in the hamlet zone.

1 Municipalities designate as protected areas the landscapes or parts of landscapes, built sites, and archaeological sites that are particularly distinguished by their beauty, uniqueness, cultural or scientific value; this includes, in particular, waterways and their banks, groups of trees, orchards, hedgerows, viewpoints, picturesque streets, local sites, and other objects worthy of protection and the surrounding space.

2 Municipalities enact the restrictions required by the protection measures; they may impose replacement or compensation measures.

1 The municipalities take into account the "S" protection zone and the areas sensitive to natural phenomena and, if necessary, include them in their zoning plan.

2 In areas sensitive to natural phenomena, the allocation for construction and infrastructure development is subject to appropriate measures dictated by the nature of the risks.

1 The special plan regulates, through a plan and provisions, the construction, protection, and organization of a defined portion of the municipal territory.

2 The perimeter of the special plan is consistently determined; it may alter municipal regulations regarding the nature and degree of land use.

3 The special plan may reserve specific agreements between the municipalities and landowners or include them in the said plan.

4 The provisions may stipulate that the special plan loses its validity if the execution of the project has not been undertaken or has only been partially undertaken within a reasonable timeframe set according to the scale of the project; Article 46, paragraph 5, is reserved.

The special plan may concern

a) the center of localities and the development of neighborhoods;

b) the renovation of old quarters as well as protections related to sites or landscapes;

c) the holiday home area;

d) recreation sectors and camping grounds;

e) the protection of certain parts of the territory (biotopes, rivers, forest edges, viewpoints, isolated trees, hedges, orchards);

f) the technical equipment of the area, in particular pedestrian and vehicle circulation areas, garages and parking lots as well as their access, existing or to be created collectors and energy conduits, including their connection;

g) the nature, scope of development, and architectural characteristics of buildings;

h) the external arrangements of buildings and installations (streets, squares, courtyards, parking areas, gardens, plantings, playgrounds, etc.);

i) the stages and conditions of implementation.

1 An alignment is established in the special plans

a) generally, along existing or planned communication routes, such as roads, squares, and railways;

b) as needed, along waterways, forest edges, and important pipelines;

c) as rear alignment, courtyard alignment, implantation alignment, development perimeter, or ancillary alignment;

d) as a special alignment for construction elements such as cantilevered levels, arcades, small buildings, annexes, mobile constructions, underground constructions, and partially underground constructions.

2 If the distance from the forest is less than what is legally prescribed, an alignment can only be authorized with the agreement of the Forestry Service and in accordance with the forestry law.

1 Alignments constitute the boundary for the placement of structures dictated notably by urban planning considerations or by reserving space for existing or planned installations.

2 Municipalities may require construction along the alignment.

3 Except for maintenance work, alterations to a building or part of a building exceeding the alignment may only be authorized as exceptions (art. 25); paragraph 4 below remains reserved.

4 Special regulations will be enacted to determine if and to what extent construction elements, mobile installations attached to the building, or underground constructions and installations may exceed the alignment; in the absence of such regulations, it is necessary to apply, concerning the relationship with public roads, the provisions of the law on road construction and maintenance regarding the use of building prohibition zones and, concerning the relationship with neighboring land, the provisions of the introductory law to the Swiss Civil Code.

1 Rear alignments and interior courtyard alignments determine the allowable horizontal depth for construction and the dimensions of interior courtyards.

2 Ancillary alignments indicate the line up to which construction is permitted if the distances to the boundary and between buildings as stipulated by the building regulations allow it.

3 Setback alignments allow for determining the position and configuration of the buildings from all sides or for arranging the sequence of facades.

4 The evolution perimeter is the buildable area defined within the framework of a zoning plan and which may deviate from the distance rules.

1. The road boundaries indicate the current or planned extension of the area reserved for public traffic.

2. If the construction of a new road or the extension of an existing facility makes it necessary to move or extend the area reserved for public traffic, such modification can be made within the boundaries without altering the special plan; the interests of the adjacent property owners are taken into account as much as possible; the procedure provided in the expropriation law regarding the extent of the obligation to cede remains reserved.

1 A special plan may be made mandatory by the zoning plan, which must establish at least the following provisions

a) the objectives of the development;

b) the type and degree of land use.

2 In the sector where a mandatory special plan is required, construction projects are only permitted based on an enforceable special plan; the authorization of projects that comply with the development objectives is reserved.

3 Areas of cantonal interest are subject to a mandatory special plan.

**1 Special Plans**

1. Special plans are established at the initiative of the municipality or one or more of the landowners.

2. Before the elaboration of the special plan, the municipality hears the interested landowners.

3. Prior to submitting the draft plan for preliminary examination (Art. 70), the municipality collects the proposals or determinations from the perimeter landowners; it may also summon the owners of adjacent lands; minutes of the session are sent to the interested parties.

4. During the preliminary examination, the landowners and the owners of the adjacent lands may be consulted by the municipality, in the presence of an employee from the Spatial Planning Service.

1 In the event of a disagreement between the municipality and the concerned property owners, the following procedure shall be followed

a) within three months, the municipal council must submit its draft special plan for preliminary review and put it up for public inquiry within the month following the end of the preliminary review;

b) within the subsequent three months, it must adopt the special plan and present it for approval.

2 When the distribution of properties does not allow for the implementation of a special plan, the municipal council must initiate, within three months, a procedure for parcel restructuring of the building plots.

1 If the above deadlines are not respected, the concerned property owners may appeal to the Land Use Planning Service.

2 The Land Use Planning Service grants a brief additional period to the municipality and, if the latter is not respected, it may, if necessary, complete the proposal, close the procedure, and adopt the special plan by substitution.

1 Special plan projects must be accompanied by a preliminary subdivision plan for the parcels included within the perimeter of the special plan.

2 The subdivision must be carried out in such a way as to allow compliance with the minimum gross land use index on each parcel or, collectively, across the entire perimeter.

3 Subdivision projects cannot be recorded in the land register until they have been approved by the Territorial Development Service. The same applies in the event of a modification to the initial subdivision, when the parcel in question has not yet been developed.

1 Draft plans and regulations of the municipalities must be submitted to the Department for preliminary review; they shall be accompanied by the necessary technical reports and the participation report.

2 The Land Use Planning Service requests opinions from the relevant services, synthesizes and coordinates them; it prepares the preliminary review report for the Department.

3 The Department transmits the preliminary review report to the municipality and initiates the necessary negotiations.

4 The competent municipal authority cannot be called upon to decide on municipal regulations as long as the preliminary review procedure is not completed.

1 The plans and regulations pertaining to construction law must be publicly deposited for at least thirty days, with notice that reasoned objections may be submitted during the period of public deposit; plans that essentially regulate detailed equipment are not subject to public deposit.

2 Opponents are summoned to a conciliation session; the result of the discussions is recorded in a minutes; the status of an opponent is defined in accordance with Article 19, paragraph 2.

3 In the case of an objection that is manifestly inadmissible or manifestly unfounded, the costs related to the conciliation session shall be borne by the opponent. (...).

1 The plans and prescriptions shall be submitted for adoption to the competent municipal authority; this authority shall be informed of the result of the conciliation talks.

2 When plans or prescriptions that have been subject to public deposit are modified before or during adoption or in the course of the approval procedure, the interested parties must be informed and given the opportunity to file an objection or appeal; the same applies to minor modifications.

**1. The Municipal Council shall promptly transmit the adopted plans and regulations to the Land Use Planning Service for approval; it shall include all pertinent documents, including any objections and observations arising from the inquiry, the minutes of conciliation sessions, its reasoned proposals regarding unwithdrawn objections, as well as the minutes of the City Council or communal assembly sessions.**

**2. The Land Use Planning Service shall verify the appropriateness of these plans and regulations and their compliance with the law and public interest; it may, after hearing the municipal council and interested property owners, modify the regulations that contradict these principles; it shall also rule on the objections.**

**3. The approval order may be appealed within 30 days before the Administrative Court, which has full review authority under Article 33, paragraph 3, letter b, of the Federal Land Use Planning Act; the opponents and the municipality have standing to appeal.**

1 Municipal building regulations are applicable at the earliest from the entry into force of the approval decision by the Territorial Planning Department; Articles 20 and 21 remain reserved.

2 The municipality makes the approval public; the approved regulations and plans can be consulted at the headquarters of the municipal administration.

3 For the rest, the provisions stipulated by the legislation governing municipalities are applicable on a subsidiary basis.

1 Any new designation of land as a building zone linked to a specific project is subject to the condition that construction work begins within three years from the date the approval decision becomes effective. The Land Development Service may extend this period for valid reasons.

2 If this condition is not met by the end of this period, the property reverts to its previous designation without further procedure.

1 The Department and the municipalities have the authority to establish reserved zones, aimed at preventing violations of territorial planning principles (Article 27 LAT), particularly taking into account the master plan or a change in legislation.

2 A zone can be declared reserved for a period not exceeding five years. The Department may extend this period by a maximum of three years.

3 For reserved zones created by municipalities, the procedure outlined in Articles 71 to 73 applies by analogy, with the municipal council being the adopting authority, and the Department the approving authority. For those created by the Department, the cantonal special plan procedure applies by analogy.

The tasks of the region in terms of planning consist notably of

a) developing baseline studies;

b) establishing a regional master plan;

c) coordinating local development plans;

d) planning and carrying out special tasks assigned to the region;

e) allocating territories for specific purposes of regional interest or proposing it to the Canton.

1 The municipalities within the same region, having a central municipality and shared urban, economic, and cultural interests, may form an association of municipalities in accordance with the law on municipalities in order to study and carry out regional planning tasks.

2 A municipality may be part of multiple regions, provided that sufficient reasons justify it.

3 The Government may authorize the creation of inter-cantonal bodies for regional planning. To this end, it may enter into agreements with neighboring cantons.

1 To safeguard regional interests, the competent regional body may issue special regional plans when the regional master plan provides for it.

2 A special regional plan has the same legal effects as municipal special plans.

3 Articles 43 and 70 to 74 apply analogously to the establishment procedure.

1 The regional master plan determines the objectives of sustainable development and planning of the region and the manner of coordinating territorial organization issues that exceed the communal framework.

2 It sets the principles for the areas it addresses and allocates the tasks between the region and the member communes. It defines the measures to be undertaken and identifies the projects to be realized for the territorial development of the region.

1 The regional master plan is based on

a) the cantonal master plan;

b) regional baseline studies;

c) possible options for future regional development.

2 It demonstrates its compliance with the cantonal master plan and takes into account, where applicable, the master plans of neighboring regions and cantons.

1 The regional master plan addresses the five areas of the cantonal master plan, namely

a) urbanization and development of the built environment;

b) transport and communications;

c) nature and landscape;

d) environment;

e) supply and waste management.

2 The regional master plan may also cover other topics, such as economic development, tourism, the internal organization of the region, etc.

3 The regional master plan includes a text and a summary map that form binding content.

4 It is accompanied by an explanatory report and the participation report.

1. Draft regional master plans, proposals, and accompanying documents are subject to public consultation in accordance with the procedure provided in Article 43.

2. They are then subject to preliminary examination by the Department. Article 70 applies by analogy.

The competent regional body adopts the regional master plan and submits it to the Department for approval.

1 Upon its approval by the Department, the regional master plan binds the cantonal, regional, and communal authorities.

2 The member municipalities of the region shall adapt their local development plans to the regional master plan.

**1 The regional master plan shall be subject to necessary modifications when new circumstances so require.**

**2 The procedure provided for in Articles 75g and 75h shall apply.**

The tasks of cantonal planning consist of

a) developing the master plan for land use planning;

b) preparing base studies and sectoral plans;

c) issuing the master plan in accordance with the Federal Law on Spatial Planning;

d) establishing, if necessary, special cantonal plans;

e) promoting and coordinating local and regional planning.

1. Tasks Related to Cantonal Planning Are Executed by the Department.

2. The Government Entrusts Other Relevant Departments or Services with the Development of Basic Studies and Sectoral Plans Necessary for the Fulfillment of Tasks that Impact Territorial Organization.

3. The Government Establishes an Advisory Commission for Territorial Planning; the Commission Includes Representatives from Different Parts of the Canton, the Economy, and Science.

1 By adopting a special cantonal plan, the Government may determine the following elements of cantonal or regional interest, which bear the legal effects of communal special plans

a) public buildings and facilities;

b) communication routes and installations;

c) activity zones;

d) sites for discharge and the extraction of materials;

e) landscape, sites, and shoreline protection;

f) areas reserved for relaxation and leisure;

g) wind farms.

2 Articles 70 to 74 shall apply by analogy to the adoption procedure.

1 The Government adopts the guiding framework of spatial planning; it sets forth the fundamental long-term directions of cantonal spatial planning and the measures envisaged.

2 The guiding framework enables the Government to coordinate the sectoral policies of the departments and to designate the foundational studies to be undertaken.

3 It is submitted to Parliament for discussion.

1 Basic studies and sectoral plans compile essential data on the current situation, the objectives to be achieved, and the measures to be taken concerning, notably

a) areas suitable for agricultural and forestry exploitation;

b) areas conducive to urbanization according to the development needs of the Canton;

c) areas that deserve special protection from the perspective of natural or constructed sites;

d) areas necessary for recreation and for tourism and leisure activities;

e) areas sensitive to natural phenomena;

f) transport and communication routes and installations;

g) water and energy supply facilities;

h) wastewater treatment and waste disposal facilities;

i) buildings and facilities of general interest;

j) potable water reserves and significant deposits.

2 The basic studies and sectoral plans take into account local planning, the Jura Region development program, the Confederation's sectoral concepts and plans, and the master plans of neighboring cantons.

3 The sectoral plans are approved by the Government.

The master plan as defined by the Federal Law on Spatial Planning specifies at least

a) the method for coordinating activities that affect land-use planning, taking into account the desired development;

b) the order in which these activities are intended to be carried out and the means to be implemented.

1 The Department organizes the participation of the population in the establishment of the plans (art. 43) as well as the consultation procedure with the municipalities; it conducts the conciliation talks concerning the draft master plan.

2 In case of a disagreement between a municipality or an interested service and the Department, the Government decides on the subject of the dispute.

3 After its adoption by the Government, the master plan is submitted to the Parliament for ratification; the decision of the Parliament results in the master plan coming into force for cantonal and municipal authorities; only the approval of the Federal Council grants it binding force for the authorities of the Confederation and neighboring cantons (art. 11, para. 2, LAT).

1 The master plan is fully reviewed every ten years.

2 At the request of a department, region, or municipality, the master plan may be adapted when the conditions provided for in Article 9, paragraph 2, of the Federal Spatial Planning Act are met.

3 The Government proceeds with minor modifications; it informs the concerned authorities thereof.

2 Technical Equipment Includes Access Roads, Water and Energy Supply, Telecommunications, Wastewater Disposal, and, Where Applicable, Plantations and Household Waste Collection Sites.

1 Basic equipment includes the main networks of installation facilities and the related developments, notably

a) main roads, collector roads, and pedestrian pathways;

b) squares and shopping streets in the center of localities;

c) streets primarily intended to provide access to public buildings and facilities;

d) where applicable, bicycle paths and hiking trails.

2 Detailed equipment includes service roads, pedestrian paths, and the necessary lines and pipelines for the viability of building plots and their connection to the basic equipment.

1 The private service connects a building or facility, or a group of buildings or facilities, to the public infrastructure network; it is established and maintained by their owners and at their expense.

2 The municipality may impose conditions on their implementation.

1. Municipalities carry out equipment installations based on an equipment program.

2. Municipal unions and concessionary companies responsible for establishing and managing the equipment described in Article 84 have the same responsibilities and competencies as the municipalities.

3. Equipment installations must be carried out in accordance with a special plan.

4. For private access roads, the procedure is that of a building permit.

1 The equipment program is a public document that sets, in relation to the municipal financial planning, the timelines within which the building zones will be equipped.

2 The equipment program is established by the municipal council and is binding upon it.

3 The municipal council updates it when objective reasons justify it, particularly in the event of changes in circumstances, to address construction needs, and during each amendment of the local development plan.

1 Overview of the Equipment Status is a public document that presents the parts of the building area suitable for construction, considering the planning and equipment, or which are likely to become so within five years if the completed work continues according to the established program. It can be reviewed by any person.

2 The municipal council prepares the overview of the equipment status and keeps it regularly updated.

**1. If the municipality does not equip the building zones within the stipulated time periods, it must, by written agreement, allow landowners to equip their land themselves according to the plans approved by it or authorize them to advance the costs of the equipment.**

**1bis. Before the deadline, the municipality can proceed in the same manner regarding landowners who make a request.**

**2. The agreement specifies in particular:**

a) the relations with other adjoining non-signatory owners;

b) the rate and terms of the municipality's financial participation;

c) the specific conditions for the takeover of the work.

**3. The non-signatory owners concerned by the agreement will be informed; at the request of one of the signatories, the agreement can be recorded in the land register.**

**4. The development of the plans and the construction of the installations are placed under the supervision of the municipality.**

**5. Once completed, the installations become by law the property of the municipality, which must ensure their maintenance, unless the agreement states otherwise; the municipal council records the transfer of ownership in a decision that it notifies to the former owners; when the decision has become binding, it registers the new legal situation in the land register.**

1 The accounting related to the installation of equipment must be settled by the due date of the amounts owed by the municipality, but no later than fifteen years after the commissioning of the facility.

2 Unless otherwise stated in the agreement, the advances granted by the landowners do not bear interest and are not indexed.

1 When, upon the expiration of the deadlines set by the equipment program, the municipality does not take measures to allow the realization of the equipment by the owners who request it or by the municipality with advance payment of costs, the Department provides the necessary instructions and, if needed, acts in place of the municipality.

2 When circumstances justify such a measure, the Department may also order an adaptation of the local development plan.

1 Landowners are required to contribute to the costs of equipment; the collection of contributions is based on a municipal regulation (art. 49) or, in its absence, pursuant to the decree concerning the contributions of landowners.

2 The municipal regulation may provide for a contribution according to the principle

a) of covering the actual costs and based on the benefits derived; the contribution is payable as soon as the owner can make use of the equipment in question; in this case, the decree concerning landowner contributions is applicable, or

b) of an equipment tax calculated based on master plans proportional to the official value of the building or installation, with the rate adjusted according to the specific conditions of the location; the tax is payable at the earliest upon the granting of the building permit; the amount is deposited into the municipal equipment fund, whose endowment must respect the principle of covering the actual costs of equipment, excluding routine maintenance.

3 ...

1 The participation of landowners is set between

a) 80% and 100% of the actual costs for detailed development as well as for the development of the holiday home area;

b) 50% and 80% of the actual costs for basic equipment with a neighborhood collector character;

c) 30% and 50% of the actual costs for other basic equipment.

2 The share of equipment costs to be borne by landowners must be determined in the planning procedure and is specified in the credit approval decision made by the competent municipal authority.

1 Landowners may be required, by municipal regulation or pursuant to the organizational regulation of an association of municipalities, to pay a contribution to cover the expenses incurred for works and measures of public interest that provide them with a particular benefit; the contribution must be proportional to the benefit received.

2 The method of contribution is determined by the decree concerning landowners' contributions.

Disputes relating to the equipment of building land are resolved by the administrative judge.

1 When the implementation of a zoning plan or a special plan requires it (Art. 45, para. 2), land readjustment of building plots must be carried out.

2 The land readjustment must allow for rational and economic subdivision or the renovation of certain areas through the modification of plots as well as the redistribution of ownership and other related real rights.

1 The procedure for land consolidation is initiated

a) by decision of the majority of the owners concerned or

b) by decision of the municipal council or

c) by decision of the Department.

2 In accordance with the decree concerning the consolidation of building plots, it may proceed by way of

a) voluntary land consolidation;

b) land consolidation cooperative;

c) boundary adjustment.

3 Properties located outside the building zone may be included in the land consolidation when necessary for a judicious distribution.

A replotting of building plots can only be approved if the technical infrastructure is guaranteed in fact and in law, generally by a specific plan.

Subject to the law on expropriation, the following easements shall be abolished or transferred

a) easements contrary to mandatory construction regulations;

b) easements that hinder the rational use of land in the public interest, without sufficient interest of the owner of the dominant estate justifying them.

1 The municipal council issues a decision of release or transfer, which is notified to the concerned property owners; the decision can be challenged by way of appeal before the Administrative Court, whose decision is final.

2 The owner of the dominant land must be compensated according to the principles of expropriation law; the owner of the servient land is obliged to pay a contribution corresponding to the benefit he receives; in case of a dispute, the administrative judge decides.

3 The release or transfer legally comes into effect upon the payment of the compensation.

The law on expropriation applies to both formal and material expropriations, insofar as this law does not contain additional or contrary provisions.

**1 Approval of a zoning plan or a special plan entails the expropriation of land, parts of land, and related real rights, delineated as:**

a) public utility zone (Art. 53);

b) green zone, the acquisition of which by the municipality is mentioned in the plan (Art. 54);

c) public installation for supply, disposal, and telecommunications;

d) communication and square roads, cycle paths, pedestrian paths, and hiking trails along waterways;

e) industrial and artisanal zone.

**2 The necessity to maintain and construct housing with moderate rent may also warrant expropriation.**

1 The Right of Expropriation belongs to the community that has decided on the plans involving the right of expropriation.

2 The community may delegate its right of expropriation to those who are, by law, authorized to carry out the project.

1 Restrictions on property, such as the permanent incorporation of a piece of land into a public utility zone, a green zone, or a protected zone, entitle the concerned owner to compensation when these restrictions have effects equivalent to expropriation.

2 The compensation is owed by the community that decided on the restrictions.

3 The community that paid the compensation has a right of recourse against the direct beneficiary of the imposed restriction; the latter must be heard in the proceedings before the competent expropriation judge.

1. The fact that a special plan provides for the installation of equipment generally does not justify any claim under the provision of material expropriation.

2. After a period of ten years from the publication of the plan, the landowner, whose interests are clearly prejudiced by the extension of the plan's duration, may demand from the community

a) that it acquires the area intended for the implementation of the plan or ensures that the expropriator acquires it, or

b) that it releases this area by repealing or modifying the plan.

1 If the restriction on the property is subsequently removed or the circumstances that led to the obligation to compensate cease to exist, the landowner is required to make a proportional restitution.

2 The community shall have the obligation to restitute entered in the land register.

3 Disputes concerning the extent of the obligation to restitute are settled by the administrative judge.

1 The action for payment of compensation is prescribed by five years from the effective date of the plan or regulation.

2 The rules of the Code of Obligations concerning the interruption of the prescription are applicable.

1 The right of preemption allows the State and municipalities to acquire a plot of land or another real estate property put up for sale by its owner with priority when an overriding public interest requires it.

2 The right of preemption can be exercised when the State, or the municipality, intends to take a measure in the areas described in Article 100.

1 Authorization to register a pre-emption right is granted by the administrative judge upon a reasoned request from the concerned municipality or department; the judge makes a decision after hearing the landowner.

2 The owner of a property encumbered with the pre-emption right has the right to appeal to the Administrative Court within 30 days.

3 Upon communication of the final decision, the registrar annotates the pre-emption right in the land register and informs the concerned owner.

1. The owner who intends to transfer a property subject to the right of pre-emption to a third party under these provisions must notify the holder, no later than the filing of the deed with the land registry; simultaneously, they must provide a certified true copy of this deed.

2. Within 45 days from the date of filing the deed with the land registry, the holder of the right shall notify the concerned party

a) of their decision to waive the right of pre-emption;

b) of their decision to purchase under the conditions and price set;

c) of their offer to purchase under the conditions and price they have set, and, failing acceptance of this offer, to resort, if legal conditions are met, to the expropriation procedure in accordance with Article 100.

3. If no option is exercised within the timeframe indicated in paragraph 2, the holder is deemed to have waived the exercise of their right of pre-emption.

4. The owner against whom a right of pre-emption has been exercised has a right of redemption; Articles 24 and following of the Expropriation Act remain reserved.

1 The following measures, enacted by the competent authority or by the company it has commissioned, are minor restrictions on property rights; as such, the following actions must be authorized

a) the acts necessary for drawing up plans, such as entry, surveying, measurement, and soil studies;

b) the establishment on private land of traffic signals, signage for public facilities of all kinds, water intakes, lighting devices, public clocks, etc.;

c) the installation of conduits and pipes at the site of future roads before the land acquisition.

2 The landowner shall be informed in due time; unnecessary disturbance to the premises should be avoided, and as much as possible, justified requests by landowners regarding the location and type of these installations shall be taken into account.

3 Damage to property and crops shall be compensated; likewise, there exists a right to indemnity in the case of significant and evident interference with the use or exploitation of the land.

The administrative judge rules on all disputes that may arise from the provisions of Article 109, subject to appeal to the Administrative Court.

The major advantages and disadvantages resulting from planning measures or the granting of exceptional permits outside the building zone are subject to compensation.

1 The increase in the value of a plot of land is deemed to constitute a significant advantage when it results from

a) the designation of the plot of land for building purposes;

b) a change of designation or an increase in the possibilities of use within the building zone;

c) a special authorization outside the building zone related to a change of designation, excluding those based on Article 24b of the Federal Law on Spatial Planning.

2 The surplus value is the difference between the estimated market value of the plot of land before and after the planning measure or the granting of the special authorization. When several plots of land benefiting from the planning measure belong to the same owner, the surplus value is calculated based on all such plots of land.

1 In the event of a capital gain, the State collects a contribution as follows

a) 30% when the capital gain results from the allocation of the real estate to a building zone or from an exceptional authorization outside the building zone;

b) 20% when it results from a change in allocation or an increase in the potential uses within the building zone.

2 The Government sets the amount of the capital gain below which no contribution is collected.

3 The contribution is due

a) in the case of allocation to the building zone, change of allocation, or increase in the potential uses within the building zone, by the property owner at the time the contribution is determined;

b) in the case of an exceptional authorization outside the building zone, by the beneficiary.

4 Public entities and their institutions are not subject to the contribution when the capital gain is realized on real estate owned by them and necessary for the fulfillment of public duties.

5 The collection of a real estate gains tax is reserved.

1. After consultation with the municipality, the Department of Territorial Development determines the amount of the increase in value and that of the contribution at the time when the planning measure or the exceptional authorization becomes effective.

2. In carrying out this task, the Department of Territorial Development may employ external evaluators, who are compensated according to the same principles as cantonal evaluators involved in the assessment and control of official values.

3. The contribution is due as soon as the property is developed or alienated.

4. Generally, any legal act that may result in the levy of a real estate gain tax is considered alienation. A building is considered developed as soon as the construction permit or exceptional authorization is used.

5. When justified by particular circumstances, the Department of Territorial Development may, at the debtor's request, grant payment facilities. In all cases, the alienation of the property or the use of the exceptional authorization causes the contribution to become due.

6. In the event of a delay in payment, the debt bears interest at the rate set by the Government.

The amount used for the acquisition or construction of a comparable replacement agricultural building within the meaning of Article 5, paragraph 1quater, of the Federal Law on Spatial Planning is deducted from the value-added tax when the investment occurs within three years from the implementation of the planning measure. The Land Development Service may extend this period for valid reasons, particularly when a building permit procedure is underway.

The Government may exempt from capital gains tax those who dispose of their real property without profit for a public utility purpose, or when the real property belongs to a person entrusted with a public duty and is allocated for that duty.

The right to set the contribution is subject to a two-year statute of limitations from the entry into force of the development measure or the exceptional authorization, and the right to collect it is subject to a five-year statute of limitations from the date it becomes due.

1 The contribution is secured by a legal mortgage in accordance with Article 88 of the Swiss Civil Code Introductory Act.

2 The legal mortgage will be recorded in the land register.

1 Capital gains levies collected are paid into the compensation fund under Article 5 LAT. Article 12 of the Forestry Act is reserved.

2 The fund is used for granting subsidies based on Article 113 as well as for covering expenses related to the taxation and collection of contributions.

A restriction of the right of ownership resulting from a development measure is deemed a major disadvantage when it constitutes a de facto expropriation.

1 In the event of material expropriation, fair compensation shall be granted.

2 The expropriation law and Articles 102 to 105 of this law shall also apply.

3 The municipality and the owner of the real estate may agree on the compensation by an administrative law contract. The contract must be approved by the Territorial Development Service.

1 The compensation is paid to the person who owned the affected property at the time when its amount was definitively determined.

2 If, within the framework of a transfer of the property, the parties to the contract have agreed otherwise, the compensation is paid to the person designated in the contract.

1 Municipalities bear the costs of local and regional planning and the tasks arising therefrom (art. 45 and 75a).

2 The State bears the costs of cantonal planning.

**1 The State grants financial aid to municipalities for indemnities to be paid to landowners for the inconveniences resulting from land-use planning measures.**

**2 The State may grant financial aid to public bodies as well as to individuals for:**

a) the establishment and revision of regional planning plans;

b) the establishment and revision of local planning plans of regional interest;

c) measures for the protection of sites and landscapes;

d) programs aimed at the rational use of territory, provided they comply with the cantonal master plan.

**3 These subsidies are exclusively the responsibility of the compensation fund 5 LAT (Art. 111h). Subject to an initial period of ten years during which the fund's assets may be negative, they will only be disbursed to the extent of the fund's available resources.**

Unless otherwise provided, the decisions made pursuant to this law are subject to opposition and appeal in accordance with the Administrative Procedure Code.

The Parliament enacts the following decrees

a) decree concerning the building code regulations;

b) decree concerning the building permit;

c) decree concerning the contributions of landowners;

d) decree concerning the land consolidation for building plots;

e) ...

1 Unless decrees reserved by Parliament provide otherwise, the Government issues the necessary regulations for the implementation of this law.

2 It may, in particular, regulate the following matters by ordinance

a) the nature and requirements of technical equipment;

b) the protection of sites and landscapes, as well as regulations concerning external antennas;

c) regulations concerning camping facilities, shopping centers, and the storage, disposal, and demolition of disused vehicles, machines, and equipment;

d) the external arrangements of buildings and facilities, including vehicle parking spaces and playgrounds;

e) the requirements regarding safety, fire police, hygiene, and energy that govern construction projects;

f) the requirements regarding safety, fire police, hygiene, and energy that govern construction projects;

g) specific buildings and installations;

h) the determination, in an imperative and general manner, of legal concepts related to construction and land use planning;

i) the material and technical design of the plans provided for by this law;

j) the definition of procedure and competences in terms of plans and regulations;

k) the modalities for granting subsidies.

Law of October 26, 1978 Introducing the Federal Law of June 12, 1951 on the Preservation of Rural Land Ownership is Amended as Follows

Art. 2, Para. 1

...

**Law of October 26, 1978, on Land Improvements and Agricultural Buildings is amended as follows:**

**Art. 45**

Repealed

**Art. 56, para. 2**

...

The law of October 26, 1978, on constructions is repealed.

1 The plans and regulations of the municipalities must, if necessary, be adapted to this law and to the Federal Act on Spatial Planning; Article 46, paragraph 5, applies.

2 The plans and regulations of the municipalities adopted under the former law remain in force as long as they do not contradict the mandatory provisions of superior law; the "remainder of the territory" as defined by the currently valid zoning plans is assimilated to the agricultural zone.

3 Building plots provisionally delineated under the former law must have been declared as a building zone before December 31, 1987; otherwise, they are considered an agricultural zone.

4 Ongoing procedures are completed under the regime of the former law.

5 The municipal council is competent to make formal adaptations concerning

a) the replacement of terminology;

b) the replacement of legal references.

Approval by the Spatial Planning Service remains reserved (art. 73).

Permit applications for which the public inquiry has been completed before the entry into force of this law, as well as ongoing procedures concerning construction policing, are handled according to the former law.

Quarries and dump sites for vehicles that do not have an authorization issued after January 1, 1979, are subject to the requirement of obtaining a permit and providing security for rehabilitation measures.

Campgrounds whose legal status is not defined in the zoning plan of the municipality are subject to the special plan procedure (art. 30 and 31) within five years from the entry into force of this law.

1 Municipalities adapt their building regulations to the amendment of April 17, 2019, until December 31, 2024.

2 The land use ratios are replaced by the gross land use ratios. The corresponding values are modified in accordance with the list presented in Annex 1.

3 The new law is applicable in municipalities that have adapted their regulations as soon as it comes into force. The former law remains applicable in the other municipalities.

1 During a test period lasting six months, the amendment of October 2, 2019, is applicable in no more than eight municipalities.

2 The Government, upon the proposal of the Jura Association of Municipalities, designates the municipalities that will participate in the test.

3 The Government may extend the test period, if necessary, for an additional duration of three months.

4 As long as the test period has not ended, the former law remains applicable in the municipalities that do not participate.

The Government establishes the entry into force of this law.