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701.51 EBGDPC CH-JU

Art. 46 Decree Concerning the Building Permit (BCP)

7. Constructions, travaux publics, énergie, Transportation and Communications » 70. Construction and Land Development » 701. Construction
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Art. 46 Decree Concerning the Building Permit (BCP)

1 If, during the granting or appeal procedure, the applicant modifies their project to address objections raised by the authorities or the opponents, or for other significant reasons, the procedure may continue without new publication, provided that the modification does not affect public interests. Opponents and neighbors potentially impacted by the modification will be heard regarding the changes.

2 The authority competent for granting the permit may, after hearing the interested parties and without a new granting procedure, authorize modifications to an approved project that prove necessary during the execution of the works, provided that neither public interests nor important interests of neighbors are impacted.

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Court Decisions Applying This Provision (2)

CON 2012 1 · ju (Art. 46 al. 1 DPC)
Constitutional Court Confirms Jurisdiction Over Administrative Court Competence Rulings and Upholds Decision on Construction Permit Modification
Cited as the legal basis for determining the competence of the appellate court to rule on modifications to a construction permit during an ongoing appeal procedure.
ADM 2010 46 · ju (art. 46 al. 1 DPC)
Property Owner v. Construction Permit Appeal
Allows for the continuation of the procedure without new publication if project modifications are made to address objections or for other important reasons, provided public interests are not affected.