Planning and Building Act (PBG) - Competent Authority of the Municipality (PBG)

1. Unless otherwise provided by this law and the legislative decrees of the municipality, the competent authority of the municipality is the municipal council.

1. Planning Authorities are

a. the municipalities,

b. the regional development agencies,

c. the canton.

2. The regional development agencies are municipal associations within the meaning of the Municipal Law.

1. Not yet in effect.

1. The boundary distance is the shortest horizontal distance between the property line and the façade.

2. Statutory boundary distances are minimum distances.

3. Building elements projecting beyond the façade, such as roof overhangs, balconies, verandas, bay windows, stairs, etc., are only included to the extent that their projection exceeds 1 meter. This is subject to the provisions of Sections 124, 125, and 132.

1. A building is considered a solid construction if at least three-quarters of the enclosing walls, measured from the ground, are constructed in a solid manner (stone, concrete, steel, glass buildings, etc.).

2. Soft constructions are particularly considered to be wooden and half-timbered buildings.

3. Windows, doors, porches, etc., are considered to belong to the construction type of the respective enclosing walls or wall sections, regardless of their execution, when determining the construction type of a building.

4. Constructions whose enclosing walls are solid but clad with combustible material from the outside are considered to be soft constructions.

5. Constructions whose enclosing walls are combustible but clad with non-combustible material from the outside are considered to be solid constructions.

6. Barns are considered to be soft constructions even if they are built with masonry up to the stable height or clad with non-combustible material on the outside.

1. The boundary distance is half the height of the facade, but at least 4 meters for solid constructions and 6 meters for non-solid constructions.

2. In the single and two-story residential zones, the boundary distance for solid and non-solid constructions is 4 meters.

3. In the area of the city of Lucerne, the boundary distance for solid constructions is at least 3.5 meters.

4. The height of the facades is to be measured at their center from the natural or lower terrain level up to the intersection of the facade with the roof surface, whereby larger irregularities in the terrain are to be averaged; for gable facades, the height of the gable triangle is not to be considered. For flat-roof constructions, the facade height is to be measured up to the top edge of the parapet or railing.

5. For facades longer than 20 meters, the distance to the opposite boundary increases by a quarter of the additional length up to a maximum of 10 meters. For constructions with three or more full stories, single-story extensions with a facade height of no more than 3.5 meters, a ridge height of 4.5 meters, and a length of 10 meters are not considered in the calculation of the facade length. This applies to constructions with fewer than three full stories only for attached basements. For facades running obliquely to the boundary, the facade sections lying within the 10-meter range are decisive.

6. In core, village, and work zones, in areas with continuous constructions, and for the preservation of architecturally and historically valuable local parts, smaller boundary distances may be specified in the building and zoning regulations or in a development plan, while considering health, fire protection, and the protection of the local and landscape image.

1. In the area of single and two-story residential zones, the minimum boundary distance according to § 122 paragraphs 1-3 can be reduced if the neighboring property owners agree in a publicly notarized agreement and the reduction does not significantly impair essential public and private interests.

2. Before making its decision, the municipality obtains the opinion of the building insurance authority.

1. For extensions and free-standing buildings, the boundary distance, measured from the outermost part of the building, is 3 meters, provided that they are not intended for human occupancy and do not exceed a facade height of 3.5 meters, a ridge height of 4.5 meters, and a facade length of 10 meters.

1. For sub-level constructions that do not project more than 1 m above the natural terrain, the boundary distance is 2 m, measured from the outermost part of the building. This provision can be modified by a publicly notarized agreement. Such an agreement must be approved by the municipality.

2. Constructions that are entirely located beneath the natural terrain may be built up to the boundary.

1. Retaining walls, free-standing walls, and enclosures that do not extend more than 1.5 meters above the natural terrain may be placed at the boundary. If they exceed this height, they must be set back from the boundary by twice their excess height, but no more than 4 meters. This is subject to paragraph 2.

2. For retaining walls and free-standing walls that rise more than 2 meters above the natural terrain, the setback regulations for buildings apply. This also applies to enclosures that do not allow visibility through them.

3. These provisions shall apply mutatis mutandis to embankments and earth fill.

4. Deviating, publicly notarized agreements between neighbors remain reserved.

5. The boundary distance for vegetation is determined by the regulations of the Introductory Act to the Civil Code.

1. The building distance is the shortest horizontal distance between two buildings.

2. The statutory building distances are minimum distances.

1. Freestanding small structures with a facade height of not more than 3.5 meters, a ridge height of 4.5 meters, and a ground area of 45 square meters must maintain a building distance of 4 meters, measured from the outermost building part, for facades not exceeding 10 meters in length, provided that no increased risk is associated with it.

2. For freestanding small structures with a ridge height of no more than 3 meters, a facade length of 4 meters, and a ground area of 10 square meters, no minimum building distance is required, provided that no increased risk is associated with it.

3. This regulation also applies to the construction of main buildings next to small structures.

4. The ordinary boundary distance must be observed towards third-party neighboring properties.

1. When calculating the number of full stories, the basement must be included if it protrudes more than two-thirds of its external surfaces from the averaged natural or lowered terrain. Additional basements must not be visible. Exceptions are made for the access and exit routes of parking garages.

2. An attic or penthouse story must be included when its usable area exceeds two-thirds of the floor area of the full story below. Any area with a clear room height of 1.5 meters or more is considered usable.

3. The building and zoning regulations may permit a larger floor area for attic stories with sloped roofs. In such cases, the knee wall height and roof pitch must be limited.

4. The knee wall height is the height from the upper edge of the attic floor to the intersection of the facade with the roof surface.

5. For staggered building structures, the number of stories is calculated separately for each of the offset building parts.

1. The building height is determined by the number of allowable full stories. For the height of each individual story, an average of no more than 3 meters may be used. In constructions with commercial and industrial operations, an overall surcharge of up to 1.5 meters may be granted if it is demonstrably operationally necessary.

2. The height of the roof ridge must not exceed 5 meters, measured from the upper edge of the attic floor to the highest point of the roof. The height of the attic floor must not exceed 3 meters. On the attic floor, a roof structure of up to 2 meters and technically necessary constructions are permissible.

3. If the basement is not a full story, its height is calculated from the averaged natural or lower terrain level to the upper edge of the ground floor.

4. The height of the ridge is measured at its center from the averaged natural or lower terrain level to the highest point of the roof.

5. The eaves height is measured at its center from the averaged natural or lower terrain level to the bottom edge of the roof cornice.

6. The building height can also be described using meter measurements.

7. For staggered building structures, the permissible building, eaves, and ridge height is calculated separately for each offset building part.

8. In the building and zoning regulations or in a development or design plan, paragraph 2 may be replaced by a different provision.

1. To determine the permissible maximum and minimum usage in building zones, construction indices may be established in the building and zoning regulations.

2. The construction indices can be established for zones, uses, buildings, and floors.

1. The Utilization Factor is the ratio between the total countable floor areas of the buildings and the countable surface area of the plot.

1. The coverage ratio is the ratio between the buildable ground area and the creditable land area.

1. The green space ratio is the proportion between the green area and the countable plot area.

1. The sealing ratio is the ratio between the sealed surfaces and the plot area.

1. The development plan may deviate from the zoning plan, the building and zoning regulations, or the development plan, provided that, due to special circumstances, a specific regulation appears sensible and the character of the zone is maintained. The minimum area required for development plans for such deviations must be defined in the building and zoning regulations.

2. The number of stories in the development plan may deviate by no more than one full story from the governing zoning or development plan. Greater deviations are only permissible if they are specified in terms of location and extent in the zoning plan and the building and zoning regulations. The utilization rate may exceed the maximum utilization according to the zoning or development plan by no more than 15 percent. For development plans in building zones for dense construction as per § 38 paragraph 4, no utilization surcharge is permitted.

1. In the preparation, enactment, and approval of structure plans, cantonal land use plans, zoning, development, and design plans, building and zoning ordinances, and the planning of constructions and facilities, the competent authorities shall observe the objectives of spatial planning and the planning principles as set forth in the Federal Act on Spatial Planning.

2. At all stages of planning and implementation, the ecological aspects and the goals of the 2000-watt society must also be taken into account.

1. Municipalities are responsible for local planning.

2. Regional development agencies coordinate spatially significant activities of the municipalities at the regional level, as needed, with regional partial structure plans and other plans and concepts, and align them with each other. They adhere to the guidelines of the cantonal structure plan. In agreement with the municipalities or the canton, they may assume additional tasks. The government council regulates the details regarding the binding nature of individual contents of the other plans and concepts in the ordinance.

3. Municipalities are members of a regional development agency or a corresponding regional organization to coordinate spatially significant activities, which deals with issues of spatial development and planning. The government council may require a municipality to join.

4. The canton develops the foundations of cantonal structure planning and creates the cantonal structure plan according to the provisions of the Federal Act on Spatial Planning. It coordinates regional and municipal plans and concepts insofar as necessary from a cantonal perspective.

1. The Government Council may establish advisory commissions for specific areas of concern.

1. The canton, the regional development agencies, and the municipalities shall inform the population and other affected parties at an early stage about the objectives and content of their plans and concepts under this law.

2. They ensure that the population and other affected parties can participate in an appropriate manner.

3. In the context of structure and land-use planning, participation may, in particular, be granted

a. through the discussion of a plan at the municipal assembly or at an orientation meeting,

b. through the right of the population to submit proposals and raise objections during the public display of structure and land-use plans,

c. through the establishment of commissions in which the affected population is represented,

d. through public consultation procedures and opinion surveys.

4. The authorities shall comment on the opinions received. The decision-making bodies shall be informed of these opinions before making their decision.

1. The Cantonal Council enacts the objectives of spatial planning policy that are binding on authorities as part of the cantonal structure plan. These include in particular

a. * the positioning of the canton within Switzerland,

b. * the spatial structures (areas, axes, centers),

c. * the distribution of the expected development of population and employment across the spatial structures,

d. * the development goals and strategies regarding settlement, economy, transport, landscape, supply, especially with energy, and disposal.

2. The Government Council enacts the other contents of the cantonal structure plan. The Cantonal Council takes note of these.

3. If the Cantonal Council changes the spatial planning objectives presented to it in draft by the Government Council, the Government Council adjusts the other contents of the cantonal structure plan as necessary.

1. The regional development authority issues regional partial development plans. These development plans are subject to an optional referendum.

2. The regional development authorities coordinate their partial development plans with one another and with overarching plans. Partial development plans of different content can be consolidated into a single plan, insofar as this is expedient.

3. The regional partial development plans require the approval of the government council. The affected municipalities must be consulted beforehand.

1. The municipality issues municipal master plans, in any case the municipal development master plan.

2. The municipalities coordinate their master plans with each other and with higher-level plans and concepts. They may consolidate their master plans and plans of different content into one plan, insofar as this is expedient.

3. The municipal master plans require the approval of the governing council, insofar as the interests of the canton or neighboring municipalities are affected.

1. Structure plans contain the fundamentals and concepts, particularly regarding nature and landscape protection, agriculture, cultural objects, tourism, recreation, settlement, public buildings and facilities, private and public transport, energy, supply, and disposal.

2. The structure plans indicate

a. how spatially effective activities are coordinated in view of the desired development,

b. the sequence and the means by which the tasks are planned to be fulfilled.

3. The Department of Construction, Environment, and Economic Affairs may issue guidelines on the content of regional and municipal structure plans.

1. The municipal development plan outlines which municipal and private roads, pedestrian and bicycle paths, service tracks, as well as energy, freshwater, and wastewater facilities are still necessary for the servicing of construction zones.

2. It designates the development facilities that the municipality or the specially designated development agencies are required to create, expand, replace, or designate for public use, and specifically mentions

a. the timeframe during which the necessary measures are to be undertaken,

b. the costs likely to be incurred for these measures.

3. The government council regulates the specifics in the ordinance.

1. Master plans are binding for the authorities. To the extent that they require approval under this law, they attain this effect only upon approval.

2. Master plans do not restrict property ownership.

1. Regional and municipal master plans must be submitted to the Department of Construction, Environment, and Economic Affairs for preliminary review prior to public disclosure.

2. This department determines whether and to what extent a municipal master plan requires approval by the Government Council.

2. Drafts of regional and municipal structure plans must be made available for 30 days, drafts of the cantonal structure plan for 60 days, and for only minor adjustments according to § 14 paragraph 4 for 30 days. The availability must be publicly announced.

3. Persons, organizations, and authorities of the affected areas may comment on the drafts. The announcements must indicate this right. The comments must be treated in accordance with § 6 paragraph 4.

4. Administrative and administrative court appeals against the enactment and approval of structure plans are excluded.

1. If circumstances have changed, new tasks arise, or a generally better solution is possible, the structural plans are reviewed and, if necessary, adjusted.

2. As a rule, they are comprehensively reviewed every ten years and adjusted if necessary.

3. The procedure for adapting the structural plans is governed by § 13.

4. The government council may itself make minor adjustments to all parts of the cantonal structural plan.

5. For regional structural plans, the board of the regional development authority makes minor adjustments or adjustments based on higher-level planning; for municipal structural plans, the responsible municipal authority makes such adjustments. Approval by the government council is not required.

1. Utilization Plans Under This Law Are

a. The Cantonal Utilization Plan,

b. The Zoning Plan,

c. The Development Plan,

d. The Design Plan.

2. They are binding on everyone.

1. The building and usage regulations delineate the construction method, purpose, and extent of usage for the individual zones. They are contained in this law, in the regulations pertaining to the cantonal usage plan, in the building and zoning regulations, and in the provisions related to the development and design plans.

1. The Municipality

a. * issues zoning plans, building and zoning regulations, and development plans; if this authority granted to the eligible voters is transferred to the municipal parliament, at least the optional referendum must be ensured,

b. * ...

c. decides on design plans,

d. can determine planning zones.

2. The Government Council

a. enacts cantonal utilization plans with the associated regulations,

b. can determine planning zones,

c. approves zoning plans, building and zoning regulations, and development plans.

1. If required by public interest, the governing council may, after consulting with the municipality, mandate that the municipality amend its zoning plan along with the building and zoning regulations, development plans, or design plans, or align them with the cantonal structure plan or the regional partial structure plans.

2. Should a municipality fail to fulfill this obligation within the prescribed timeframe, the governing council shall take the necessary measures on its behalf and at its expense. Where necessary, the procedure pursuant to § 33b shall apply accordingly.

3. ...

1. Zoning plans, building and zoning regulations, and development plans must be submitted to the Department of Construction, Environment, and Economic Affairs for a preliminary review pursuant to § 20 paragraph 2 before being publicly displayed.

2. Design plans may be submitted to the municipality for a preliminary review.

1. Zoning plans, building and zoning regulations, and development plans require the approval of the Government Council to be binding.

2. Upon approval, the plans and regulations must be reviewed for their legality, appropriateness, and conformity with the master plans.

3. Changes concerning appropriateness may only be made in the approval decision for significant reasons. The affected parties and the municipality must be heard beforehand.

1. The municipality shall publish in the Lucerne Cantonal Gazette

a. the approval of zoning plans, building and zoning regulations, and development plans,

b. the decision on design plans.

2. The Department of Construction, Environment, and Economic Affairs shall publish the issuance of cantonal land use plans and the associated regulations in the Lucerne Cantonal Gazette.

1. If circumstances have changed significantly, the usage plans and the construction and zoning regulations shall be reviewed and adjusted or repealed.

2. The municipality shall review the usage plans and the construction and zoning regulations every ten years and adapt them if necessary or request their adjustment.

3. The plans and regulations shall be adjusted or repealed in accordance with the prescribed procedure for their issuance. Design plans can also be repealed in coordination with the issuance or amendment of the zoning plan, the construction and zoning regulation, or development plans in accordance with the procedure under Sections 61-64, paragraphs 1-4.

1. To determine the permissible maximum and minimum use within building zones, development ratios and green space ratios can be established in the building and zoning regulations.

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1. The building coverage ratio is the ratio of the creditable building area to the creditable plot area.

2. It can be determined for zones, uses, and buildings, and can be differentiated according to overall heights within a zone.

1. The green space ratio is the ratio of the creditable green area to the creditable plot area.

2. It can be determined differently depending on the zone.

1. ...

1. The governing council regulates the details concerning the method of calculating the development and green space ratios in the ordinance.

1. Boundary lines limit construction and serve specifically to secure existing and planned facilities and areas as well as the architectural design.

2. The construction area encompasses the buildable area that is set in a development plan, differing from setback regulations and boundary lines.

3. Different boundary lines or construction areas may be determined for buildings and facilities above and below ground, for individual building parts or floors, as well as for existing and new buildings and facilities. It can also be required that construction be aligned with the boundary lines or the edge of the construction area.

4. Boundary lines and construction areas take precedence over all other public-law setback regulations.

5. Projecting building parts according to § 112a paragraph 2h are permitted to extend beyond the boundary line or the construction area.

6. Boundary lines or construction areas may exceptionally be exceeded if

a. existing buildings are insulated against heat loss in compliance with the prescribed minimum requirements for this purpose,

b. this is explicitly provided for in a development plan or a municipal regulation for other cases.

1. If building lines or construction areas are part of a land use plan, they shall be established, amended, or repealed in the procedure applicable to that plan. In other cases, the provisions of the Roads Act regarding the procedure for building line plans (§§ 65 and 66) shall apply accordingly.

2. Building lines or construction areas along cantonal roads, bodies of water, and forests, which are established or amended by the municipality, must be approved by the Council of State.

1. Cantonal utilization plans serve the realization of buildings and facilities that are of public interest or in the public interest, which are not only of municipal interest.

2. The location, the anticipated extent, and the purpose of the utilization provided in the cantonal utilization plan must be included in the cantonal structural plan as a stipulation. Otherwise, the structural plan must be preliminarily adjusted in the procedure according to § 13, with the deadline for the public display procedure being 30 days.

1. The Department of Construction, Environment, and Economy prepares the draft of the cantonal land use plan with the participation of interested cantonal bodies, regional development agencies, municipalities, and landowners.

2. It ensures a 30-day public display of the plan draft along with the associated regulations in the affected municipalities and publicly announces the display. The announcement must indicate the possibility of filing an objection with the government council during the display period.

3. The affected landowners must be informed of the public display of the land use plan, with a notice regarding the possibility of filing an objection with the government council during the display period.

4. Together with the land use plan, the relevant documents required in further necessary approval procedures for the same matter must be publicly displayed.

5. The government council simultaneously decides on

a. the cantonal land use plan with the associated regulations,

b. any objections directed against the plan or the regulations,

c. all other necessary approvals and orders of cantonal authorities concerning the same matter.

6. § 196 paragraph 3 applies mutatis mutandis to the notification of the decision.

1. Municipalities are obligated to enact zoning plans as well as building and zoning regulations (building and zoning ordinance). The plans and regulations must not be less stringent than the minimum provisions of this law. Exceptions provided for in the law are reserved.

1. The municipalities organize the permissible use of their territory in the zoning plans. In doing so, they designate construction, non-construction, and protection zones in compliance with the superior regulations.

2. When delineating zones, they particularly consider the concerns of agriculture and commerce, as well as the interests in the preservation, renewal, and expansion of existing establishments. The government council regulates the details in the ordinance.

3. Construction zones can be divided into core or village zones, residential zones, work zones, zones for public purposes, zones for sports and recreational facilities, green zones, and traffic zones.

4. Non-construction zones can be divided into agricultural zones, reserve zones, other areas, hazard zones, reserved zones, hamlet zones, landfill zones, and extraction zones.

5. The municipalities may provide for additional construction and non-construction zones. They can also subdivide the protection zones.

6. Mixed zones and zoning overlays are permitted, provided that the permissible uses in the individual zones do not conflict.

1. The municipalities issue in the building and zoning regulations general building and utilization regulations for the entire municipal area and specific building and utilization regulations for the individual zones.

2. As far as necessary and permissible according to § 112a, regulations are particularly to be issued on

1. maximum and minimum utilization of the land (utilization figures, building area, volume maintenance, etc.),

2. total, façade, and eaves height, building length and width,

3. design of buildings and roofs, roof pitch and roof structures,

4. construction method (open, closed, compacted, etc.),

5. special usage restrictions (ban on shopping centers in certain zones, differentiation of use according to buildings or storeys, etc.),

6. protection of health (air, light, and space conditions, insulation, building materials, etc.),

7. creation and securing of suitable playgrounds and other recreational facilities during new constructions and renovations, participation in communal playgrounds and recreational facilities, payment of substitute fees,

8. development of the construction zones, traffic facilities,

9. * landscaping, particularly natural and site-appropriate greening, planting, and design of surfaces for the creation of retention volumes for rainwater or its infiltration, to reduce local heat stress and to promote biodiversity,

10. light emissions,

11. coordination of settlement and traffic,

12. obligation and prohibition to create parking spaces for vehicles on private land, and about substitute fees according to the road law,

13. protection of the townscape and landscape, of natural and cultural objects as well as of habitats of animals and plants, preservation and creation of viewpoints,

14. height of high-rise buildings, insofar as this is not regulated in a development plan,

15. ancillary rooms, energy, disposal, composting, and dog relieving facilities,

16. storage and deposit areas, terrain alterations, walls, and enclosures,

17. building controls and occupancy readiness of new apartments,

18. restrictions on the creation of secondary residences,

19. * affordable or nonprofit housing,

20. * low-car or car-free living,

21. * climate-appropriate construction (de-sealing, sealing, substructure figures, surface materialization, etc.),

22. * deviating boundary distances of plants (§ 86 Introductory Act to the Swiss Civil Code of November 20, 2000).

3. The municipalities can provide in the building and zoning regulations that re-zoning or de-zoning is subject to conditions or requirements if there is a public interest, or that a deadline for development is set, and if the deadline expires unused, the zoning assignment is changed back without compensation.

4. In the presence of a public interest, particularly for the protection of the local climate or the desired urban development, municipalities can issue more detailed regulations on the positioning and dimensioning of buildings for entire zones or for certain parts of the municipal area.

1. The municipality may, for important reasons, grant exceptions to the provisions of the Building and Zoning Regulations, particularly

a. in the presence of extraordinary circumstances,

b. when the application of building regulations would amount to an unreasonable hardship,

c. in the case of temporary interim uses.

2. Exceptions must not violate public interests and must not contravene the spirit and purpose of the Building and Zoning Regulations. Public and private interests must be weighed.

3. Further possibilities for exceptions may be provided in individual provisions of the Building and Zoning Regulations.

4. Neighboring properties may only be marginally more disadvantaged by an exceptional permit than would be expected with compliance with the regulations.

1. Building zones shall be utilized for their intended purpose through land law measures such as land reallocation and other suitable measures.

2. The municipality shall enter into agreements with interested landowners regarding the securing of availability of building land, the phasing and realization of new construction areas, and the consequences of delay in realization.

3. If no contractual agreement is reached, the municipality may, if justified by public interest, exercise a purchase right at fair market value eight years after the enactment of the legislative amendment of June 17, 2013, or from the legal effect of later zone incorporations. In the event of a dispute, the valuation commission shall decide the amount of the fair market value. The municipality shall grant landowners a period of at least two years to use the building zone as intended prior to exercising this right.

4. Land acquired in this manner shall be utilized for its intended purpose as soon as possible, typically through a process similar to a public tender.

5. If the building zone is no longer deemed legally or practically appropriate, the municipality may initiate proceedings for a rezoning instead of exercising the purchase right pursuant to paragraph 3.

6. The government council may issue implementing regulations.

1. The municipality may enter into contracts with interested landowners concerning the construction and financing of infrastructure facilities, as well as the transfer of land or the granting of easements in favor of the municipality.

1. New constructions must utilize land economically. Existing developments should be densified and renewed where appropriate.

2. The municipality identifies suitable areas for inward-oriented settlement development.

3. It designates areas for dense construction where a higher development ratio than the zoning usage applies; the granting of a bonus within the framework of design plans is not permitted.

4. It establishes a minimum structural utilization for new and replacement buildings in certain areas.

5. It lifts private law building restrictions that oppose inward settlement development through the procedure outlined in the Expropriation Act. In such cases, the government council may also grant expropriation rights to third parties. In the event of a dispute, the amount of compensation is determined by the valuation commission. The municipality may pass the costs of lifting the building restrictions, in whole or in part, to the interested landowners based on the advantage they gain.

1. Sufficiently large areas of suitable agricultural land, particularly crop rotation areas, must be preserved for agriculture.

2. Agricultural land serves the long-term security of the country's food base, the preservation of landscapes and recreational spaces, or ecological balance. It should be largely kept free from construction in accordance with its various functions.

3. Agricultural land may only be allocated to a building zone if

a. the specifications of federal law and the cantonal master plan are complied with,

b. the area utilized is limited to what is necessary and optimally used according to current knowledge,

c. agricultural areas are disrupted as little as possible,

d. compact and dense settlements with high-quality and ecologically valuable open spaces are created wherever possible, and

e. a comprehensive balancing of interests is carried out, with particular consideration given to the interest in preserving agricultural land.

1. Removed soil shall be utilized as soil as fully as possible in accordance with federal law requirements.

1. Within 10 years from the commencement of this provision, crop rotation areas must be fully mapped and represented in the planning instruments. Where this mapping is missing or outdated, the quality of the soil must be determined before its utilization as specified in Paragraph 4.

2. Crop rotation areas must be preserved. The canton ensures that its share of the minimum extent of crop rotation areas is permanently maintained according to federal requirements.

3. Crop rotation areas may only be utilized if

a. the conditions according to § 39a Paragraph 3 are correspondingly fulfilled,

b. the utilization is justified by overriding public interests, and

c. alternatives and options without utilizing crop rotation areas have been examined, accepting reasonable qualitative impairments regarding the local and landscape image or residential areas.

4. Utilization of crop rotation areas within the meaning of this provision includes their

a. allocation to a construction zone (zoning),

b. development (outside the construction zone),

c. soil-changing usage that reduces the soil's crop rotation quality (outside the construction zone).

5. If crop rotation areas are utilized, they must be compensated with equivalent areas.

6. Compensation is deemed the rezoning of undeveloped land with the quality of crop rotation areas into the agricultural zone or the creation of new crop rotation areas by improving degraded soils, particularly through the reuse of soil material from the utilized crop rotation areas.

7. The government council regulates further details in the ordinance. It particularly issues guidelines for monitoring the improvement of degraded soils.

1. The Canton and municipalities ensure the restriction of urban sprawl and the preservation and enhancement of the landscape outside of designated building zones.

2. For this purpose, they particularly take the following measures

a. Consideration of the concerns of nature, landscape, and cultural landscape protection in planning and project design,

b. Establishment of protection zones to preserve valuable natural and landscape areas,

c. Ensuring good integration of buildings and structures into the landscape,

d. Prioritizing the repurposing and renovation of existing buildings over additional new constructions.

3. The Canton issues guidelines regarding the arrangement and design of buildings, structures, and uses permitted outside designated building zones, which are particularly to be taken into account in the building permit process.

4. The Executive Council issues implementation regulations. It particularly designates the service office responsible for implementing the guidelines on biodiversity and the integration of buildings and structures into the landscape.

1. The core or village zone serves the preservation or creation of architecturally, historically, or otherwise significant town, village, or neighborhood centers.

2. Permissible are structures, facilities, and uses for service and commercial enterprises, residential purposes, and the fulfillment of public functions. The structures, facilities, and uses must integrate architecturally and in their impacts into the character of the town, village, or neighborhood centers.

1. The residential zone is primarily designated for living purposes.

2. Permitted are buildings, facilities, and uses

a. for residential purposes, and

b. for service and commercial enterprises, provided they integrate structurally and with their effects into the residential environment. The local conditions determined by the character and quality of the residential district are authoritative in this regard.

3. The municipality may designate zones for affordable or non-profit housing, where a higher building coverage ratio than that typical for the zone may be granted.

1. The work zone is primarily intended for commercial and industrial uses, as well as for use by service companies.

2. Permitted are buildings, installations, and uses for service, commercial, and industrial enterprises. In the Building and Zoning Regulations, the municipalities specify the permissible buildings, installations, and uses in greater detail. They particularly distinguish between freight-intensive and person-intensive enterprises, their impact on the surroundings, and their sensitivity to effects; they may exclude certain types of businesses or limit their proportions.

3. Residences may only be constructed for business owners and personnel bound to the location due to business needs. In development and design plans, exceptions can be provided for creating harmonious transitions to residential zones.

1. The zone for public purposes serves the fulfillment of existing and foreseeable public tasks.

2. Permissible are constructions, installations, and uses that are primarily required for the fulfillment of public tasks and are specifically provided for by the building and zoning regulations for the respective zone. Existing constructions and installations that do not conform to the zone may be maintained and preserved until they or the land are claimed for tasks in the public interest.

3. The municipality designates specific areas in the zoning plan for which it seeks the right of expropriation with the approval of the zoning plan.

1. The zone for sports and recreational facilities serves the various needs for sports, games, and leisure.

2. Permissible are constructions, facilities, and uses that the building and zoning regulations specifically provide for the respective zone, namely sports, game, and camping facilities, rest areas, family gardens, as well as buildings and facilities of youth and leisure organizations.

3. The municipality shall specify in the zoning plan those areas for which it seeks the right of expropriation with the approval of the zoning plan.

1. The Green Zone serves

a. the preservation and creation of open spaces within the development area,

b. the structuring of larger contiguous development areas, especially for the separation of residential and work areas as well as districts and municipalities, or

c. the conservation of stream, river, and lake shores as well as forest edges within the settlement area, or

d. the safeguarding of groundwater and spring water protection zones within the settlement area.

2. Permissible are constructions, installations, and uses that correspond to the zone purpose and are specifically provided for by the building and zoning regulations for the respective zone.

3. The municipality designates in the zoning plan those areas specifically for which it seeks to obtain the right of expropriation with the approval of the zoning plan.

1. This zone includes areas for road, rail, and air traffic.

2. In this zone, the provisions of road, railway, and aviation legislation apply.

1. The agricultural zone serves the objectives listed in Article 16 of the Federal Act on Spatial Planning.

2. Permissible, according to the implementation regulations in the Spatial Planning Ordinance, are buildings, facilities, and uses necessary for agricultural management or for productive horticulture.

3. Municipalities can designate special agricultural zones in the zoning plan, considering the objectives and principles listed in Articles 1 and 3 of the Federal Act on Spatial Planning, where buildings, facilities, and uses that exceed the internal capacities of an agricultural operation or a productive horticulture enterprise are also permitted.

4. The cantonal government determines in the ordinance the requirements that municipalities must adhere to when designating special agricultural zones in accordance with paragraph 3. Among other things, it issues regulations on

a. Areas in which special agricultural zones are not permitted,

b. The requirements for development facilities that must be newly created or expanded due to the designation of special agricultural zones,

c. The allocation of infrastructure costs that arise additionally due to the designation of special agricultural zones.

1. The reserve zone encompasses land whose use has not yet been determined.

2. The provisions of the agricultural zone apply in this area.

3. In cases of identified need, the reserve zone can be used to extend the construction zone in the long term.

1. The Remaining Area includes land,

a. that cannot be assigned to any use,

b. * ...

c. for which cantonal or municipal protection measures exist under the law concerning nature, landscape, or heritage conservation, or

d. that is covered by a cantonal zoning plan.

2. The provisions of the agricultural zone apply in this area. Reserved are restrictive, and in the case of the Remaining Areas according to paragraph 1c and d, also differing usage regulations in the building and zoning regulations, in a protection order, or in a cantonal zoning plan.

3. ...

1. The hazard zone comprises areas that, for safety reasons, namely due to the risk of landslides, rockfalls, avalanches, or flooding, may not be developed or may only be developed under protective measures.

1. The clearance zone is intended for the preservation, in particular, of stream, river, and lake shores, forest edges, scenic viewpoints, areas for winter sports activities, as well as the protection of groundwater and spring water protection zones outside of settlement areas.

2. Permissible are buildings, facilities, and uses that correspond to the purpose of the zone and that are specifically provided for by the building and zoning regulations for the respective zone.

3. The municipality specifies in the zoning plan those areas for which it seeks the right of expropriation with the approval of the zoning plan.

1. The hamlet zone serves to preserve traditionally developed rural small settlements. It may only be designated for small settlements classified as mixed or non-agricultural by regional development authorities.

2. Permitted are structures, facilities, and uses

a. for agriculture and forestry, and

b. for non-agricultural and non-forestry purposes precisely defined in the building and zoning regulations, whereby only minor structural measures (extensions, minor and renovations, changes of use) and replacement new constructions are permitted.

1. The landfill zone is designated for the disposal of waste. The excavation zone is designated for the extraction of earth materials (stone, gravel, clay, sand, and similar materials).

2. Permissible are buildings, facilities, and uses that are necessary for the disposal and recycling of waste, the extraction and processing of earth materials, or the rehabilitation and subsequent use of the land, as specifically provided for the relevant zone in the building and zoning regulations. The subsequent use of areas included in the landfill or excavation zone must be outlined in the building and zoning regulations, in a municipal structure plan, or in another suitable manner.

3. At the latest, upon completion of the landfill or rehabilitation, the affected area must be assigned to the zone suitable for subsequent use in the zoning plan procedure.

1. Protection zones serve the protection of

a. streams, rivers, lakes, and their shores,

b. particularly beautiful as well as scientifically or culturally significant landscapes,

c. significant townscapes, historical sites, as well as natural and cultural monuments,

d. habitats for animals and plants deserving protection.

2. Permissible are constructions, facilities, and uses that align with the purpose of the zone and which the building and zoning regulations for the respective zone specifically provide for. The municipality particularly sets forth the necessary building and usage restrictions.

3. The municipality designates in the zoning plan those areas specifically for which it intends to obtain the right of expropriation with the approval of the zoning plan.

**1. Preliminary Examination Pursuant to § 19**

After the preliminary examination in accordance with § 19, the municipality shall make the zoning plan and the building and zoning regulations publicly available for a period of 30 days and shall publicly announce the availability. The announcement must indicate the possibility of filing objections during the availability period. The municipality shall make the original zoning plan and building and zoning regulations available for inspection by interested parties.

**2. Notification by the Executive Council**

The Executive Council regulates the delivery of the zoning plan and the building and zoning regulations to the affected property owners and to the households by ordinance.

**3. Marking New Building Zones**

New building zones must be marked in a suitable manner on the ground.

**4. Amendments to Zoning Plan and Regulations**

In the event of amendments to the zoning plan and the building and zoning regulations, the availability procedure is only to be conducted for the parts of the zoning plan and the building and zoning regulations that are affected.

**5. Filing of Objections**

Objections must be submitted in writing during the availability period, including a request and its justification, to the office specified in the public announcement and in the notification to the property owners and households.

1. The municipality examines the objections and attempts to resolve them amicably.

2. If the amicable resolution of objections results in significant changes, the objection procedure must be repeated for the affected third parties.

3. If the objection cannot be resolved amicably, the municipality informs the objectors why it will be proposed to the eligible voters or the municipal council to reject the objection or not to proceed with it.

1. The municipal council submits the zoning plan, the building and zoning regulations, and the remaining objections to the eligible voters or the municipal parliament for resolution. In doing so, it provides reasons for

a. its requests to reject objections not amicably resolved or to not proceed with them,

b. significant deviations from the results of the preliminary examination according to § 19.

2. The municipality informs the objectors of the decision regarding the objections and the affected property owners of the decided changes within three working days from the day of the resolution, including information on legal remedies.

3. The resolutions of the eligible voters or the municipal parliament can be appealed to the government council with an administrative complaint within 20 days from the day of the resolution.

1. The municipality submits the zoning plan and the building and zoning regulations in their resolved form to the Government Council for approval. The Government Council decides on any administrative appeals with the approval.

2. If the principles of procedural coordination require it, the Government Council decides simultaneously on all other necessary permits and orders of cantonal authorities in the same matter. In these cases, § 196 paragraph 3 applies mutatis mutandis to the notification of the decision.

3. The decision of the Government Council can be appealed to the Cantonal Court with an administrative court complaint, insofar as the Government Council makes decisions on appeals or issues orders in which there is a legitimate interest in modification or annulment.

4. The zoning plan and the building and zoning regulations enter into force with the approval of the Government Council, unless they are appealed with an administrative court complaint according to paragraph 3.

5. If the zoning plan claims the right of expropriation for areas in the zone for public purposes, in the zone for sports and recreational facilities, in the green zone, in the free-hold zone, or in the protection zone through corresponding designation, the municipalities receive this right with the approval of the zoning plan. In these cases, the Government Council can also grant the right of expropriation to third parties.

1. The municipality bears the costs for the local planning procedure.

2. If an amendment to the building and zoning regulations serves the realization of a specific project, the municipality can transfer the costs partially or entirely to the interested landowners.

3. If the landowners do not agree on the distribution of the costs, the municipality allocates them through the perimeter procedure.

1. Building and Design Plans specifically aim to establish the essential elements of a development and the concept for access and communal facilities, as well as to designate areas that are not to be developed in the public interest.

2. They must demonstrate a development of a cohesive area that is appropriate for settlement, well-connected in terms of access, coordinated with the superior transport network, and adapted to the architectural and landscape environment, and they should exhibit high architectural quality. In the case of residential developments, particular attention must be paid to the requirements of housing hygiene, residential quality, and the efficient use of energy.

3. Building and Design Plans may provide for land rearrangements and boundary adjustments.

4. They may stipulate that important pedestrian connections within the planning area must be publicly accessible.

5. The Government Council regulates the specifics regarding the form and content of Building and Design Plans in the ordinance.

1. The municipality shall bear the costs for the drafting and enactment of a development plan. If the property owners derive significant benefits, the municipality may partially or entirely allocate the costs to them.

2. The property owners shall bear the costs for the drafting and enactment of a design plan according to the advantages and disadvantages that arise for them. Where there are significant public interests in a design plan, the municipality may contribute to the costs.

3. If the property owners do not agree on the distribution of the costs, the municipality shall allocate them through the perimeter procedure.

1. The development plan may further specify the building and zoning regulations and may deviate from these regulations.

1. The provisions regarding the submission, objection, resolution, and approval procedures pursuant to Sections 61-64 paragraphs 1-4 are to be applied mutatis mutandis.

1. If the right of expropriation is claimed in the development plan for areas designated for public buildings and facilities, green spaces, playgrounds, and sports and recreational facilities, the municipalities acquire this right with the approval of the development plan. In these cases, the government council may also grant the right of expropriation to third parties.

2. Public entities and corporations serving public purposes are entitled, against compensation for any damage caused, to install and maintain pipelines in the land designated for traffic facilities even before acquiring such land. The amount of compensation shall be determined by the appraisal commission in the event of a dispute.

1. It is the responsibility of the landowners to prepare, amend, and repeal development plans.

2. In cases of disagreement among the involved landowners, the municipality may prepare, amend, or repeal the development plan at the justified request of one or more parties involved.

3. Where there is an obligation to prepare a development plan as defined in § 75 paragraph 1, the municipality may prepare or amend the development plan at the expense of the landowners in the event of disagreement or inaction by the landowners.

4. To the extent required by public interests, the municipality may demand a development plan or its amendment or repeal from the landowners regardless of the size of the area to be built upon. In the event of disagreement or inaction by the landowners, it may prepare, amend, or repeal the development plan at their expense.

1. The municipality may designate areas requiring a design plan in the zoning or development plan. In the building and zoning regulations or in the provisions related to the development plan, supplementary provisions must be established for these areas, specifically regarding the content and objectives of design plans, as well as the extent and criteria for deviations from the building and zoning regulations and the development plan. The maximum allowable deviation is limited to 3 meters for total height and 20 percent for the construction index.

2. Furthermore, the design plan may deviate from the building and zoning regulations or the development plan, as long as the minimum area stipulated in the building and zoning regulations is met and the character of the zone is preserved. The maximum allowable deviation for both total height and the construction index is limited to ten percent.

3. The municipality may grant deviations according to paragraph 2 if

a. the planned development presents significant advantages over conventional construction methods,

b. it constitutes a settlement-appropriate development with high architectural and residential hygiene quality that integrates well into the structural and landscape environment,

c. larger contiguous green spaces and a quality-oriented environmental design are provided, and high-quality playgrounds and other recreational facilities are constructed in areas away from traffic,

d. a high-quality concept for access facilities is present,

e. special measures for the economical use of energy and the use of renewable energy sources are taken.

4. It can stipulate further requirements (quality, affordable or non-profit housing construction, etc.) for the granting of deviations in the building and zoning regulations.

1. The provisions regarding the procedure for objections and public display according to §§ 193 and 194 shall be applied mutatis mutandis. However, deviating from this

a. the municipality shall examine whether the design plan meets the formal and substantive requirements; if this is not the case, it shall require the rectification of the mentioned deficiencies within a set deadline, threatening that otherwise the application for approval of the design plan will not be processed,

b. * the landowners of the area covered by the plan and the owners of the adjacent properties shall be notified of the public display of the design plan with a reference to the possibility of raising objections during the display period,

c. * in the case of minor amendments to a design plan that do not affect significant public interests and to which all directly affected landowners have given their written consent, the public announcement and display may be waived,

d. the municipality shall review the objections and attempt to resolve them amicably. If the amicable resolution of objections results in significant amendments, the objection procedure must be repeated for affected third parties.

2. The municipality decides on the plan and the unresolved public law objections.

3. Measures, conditions, and requirements in the decision regarding the design plan shall be noted by the municipality in the land register as public-law restrictions on ownership at the expense of the landowners.

4. The government council shall regulate further details in the ordinance.

1. If construction work has not commenced within five years from the effective date of the development plan, the development plan expires.

2. The municipality may extend the validity of the development plan by two years. It may extend the validity a second time by an additional two years, if extraordinary circumstances justify such an extension.

1. Planning zones serve to ensure land-use planning.

2. With the designation of planning zones, provisional building and use regulations must also be established.

1. The municipality may designate planning zones for specifically defined areas of the municipality.

2. The governing council may establish planning zones within the territory of the canton to uphold spatial planning law.

**1. The planning zone expires if the utilization plan and the building and usage regulations are not publicly displayed within two years from the plan setup according to § 84. The government council may extend this period by a maximum of one year in justified cases, particularly if substantial planning work is required.**

**2. The planning zone further expires if the utilization plans do not come into force within five years from the establishment of the planning zone. The government council may extend this period by a maximum of two years if proven necessary.**

1. The authority responsible for determining a planning zone shall make the relevant plans and regulations available to the public for a period of 30 days and announce this availability publicly. The announcement shall indicate the possibility to file objections during the public display period.

2. The affected property owners shall be informed of the determination of the planning zone with an indication of the possibility to file objections during the public display period.

3. Objections must be submitted in writing during the public display period, accompanied by an application and its justification, to the authority specified in the public announcement and in the notification to the property owners. They do not have a suspensive effect.

4. An administrative court complaint against the objection decision of the authority responsible for determining the planning zone does not have a suspensive effect.

1. The plans and regulations that are decisive for determining the planning zone become effective upon their public display.

2. New land-use plans and new building and usage regulations are considered a planning zone from the time of their public display. Simultaneously, the plans and regulations according to paragraph 1 cease to have effect.

1. Through land consolidation, plots of land both inside and outside of building zones can be reorganized so that their location, shape, and size are suitable for legal and appropriate use.

2. Such land consolidation aims to

a. achieve a better utilization of land that aligns with the objectives of spatial planning,

b. carry out the rehabilitation of a developed area that is in the public interest,

c. enable the development of plots.

1. The municipality shall conduct a land reallocation on its own initiative, upon a substantiated request from interested property owners, or by order of the government council.

2. A land reallocation is generally to be carried out in connection with the drafting or adjustment of a zoning, development, or design plan, a road or building line plan, or a road or water construction project.

3. It should be coordinated as far as possible with a planning or approval procedure.

1. The municipality initiates the land readjustment through a decision. This decision must also address any applications pursuant to § 87 paragraph 1, if applicable.

2. Before making the decision, the municipality may obtain an opinion from the Department of Construction, Environment, and Economic Affairs.

3. The decision must specify the purpose of the land readjustment and designate the land readjustment area.

4. The decision must be publicly announced and communicated to the involved landowners.

5. To ensure the land readjustment, a planning zone may be established. §§ 81-85 shall apply accordingly.

1. From the parcels of land included in the land consolidation, areas for transportation facilities, playgrounds, recreational facilities, and other installations serving the common needs of the land consolidation area can be designated. These areas are to be allocated to the participating property owners as communal property according to interest, provided they are not to be ceded to the public domain.

2. The cession of land or rights for public purposes is to be compensated in accordance with the provisions of the Expropriation Act if no amicable agreement can be reached.

1. All participating landowners shall receive a share of the distribution mass that approximately corresponds in value to the land they have contributed. The loss of allocatable land due to the designation of areas for public needs must be offset in proportion to the extent of the contributed areas.

2. Increase or decrease in value not compensable through land must be adjusted with money. In the case of easements, an appropriate beneficial contribution or compensation is to be provided.

3. If a landowner's share of the distribution mass is insufficient to form a buildable plot, a corresponding monetary compensation shall be paid.

1. Before the public display of the land reallocation plan, a preliminary examination procedure pursuant to § 19 paragraph 1 must be conducted by the Department of Construction, Environment, and Economics.

1. The land adjustment plan must be publicly announced, made available for public inspection for 30 days, and communicated to the involved landowners. During the inspection period, objections can be submitted in writing, along with an application and its justification, to the designated authority.

1. The municipality examines the objections and attempts to resolve them amicably.

2. It decides on the unresolved objections and the land reallocation plan. This decision can be appealed to the government council within 20 days by filing an administrative complaint.

3. The land reallocation plan requires the approval of the government council. Any administrative complaints must be resolved upon approval.

4. The new legal relationships come into effect no earlier than the approval of the land reallocation plan by the government council and the final resolution of any potential planning or approval procedures. The municipality may establish a later date for the new legal relationships to take effect.

1. The municipality may impose the costs of land reallocation on the participants to the extent that they incur benefits and disadvantages.

2. A decision on the allocation of costs pursuant to paragraph 1 is to be made together with the land reallocation plan or separately at a later time.

1. Property owners may amicably agree on land reallocation within a private law agreement that must be officially notarized. In these cases, notwithstanding the provisions set out in §§ 90 ff., it applies that

a. a preliminary examination can be waived,

b. with written consent from all parties involved, the public announcement of the decision to initiate the land reallocation process can be waived,

c. with written consent from all parties involved, the public announcement and public display of the land reallocation plan can be waived,

d. the land reallocation decision does not require approval from the governing council,

e. the decision of the municipality is decisive for the enactment of the new legal relationships.

1. The Government Council shall regulate the details by ordinance.

1. For poorly delineated plots of land that are buildable based on their surface area, the municipality may order a boundary adjustment on its own initiative or upon the request of one or more interested property owners.

2. Within the scope of the boundary adjustment, the exchange of land in an absolutely necessary extent and the transfer of a maximum of 300 square meters of land may be ordered, provided that this significantly improves the buildability. The other involved property owners should not suffer any significant disadvantage from the boundary adjustment.

1. Changes in the value of real estate resulting from boundary adjustments shall be compensated in money by the owners.

2. Persons with proprietary rights, whose rights are affected by the boundary adjustments, have a claim to compensation.

1. The municipality provides the affected parties the opportunity to express their opinions on the proposed boundary adjustment. It examines any objections and attempts to resolve them amicably.

2. The municipality establishes the new boundaries, any compensations that may be required, and the allocation of costs.

1. Property owners whose land gains value due to a change in the building and zoning regulations or the issuance or amendment of a development plan (plan change) are required to pay a betterment levy. All legal successors are jointly liable for any outstanding betterment levies at the time of property acquisition.

2. Public entities as defined in § 5 of the law concerning property gains tax are exempt from the levy.

3. When land is newly and permanently assigned to a building zone (zoning), a betterment levy is imposed, provided that the added value exceeds 50,000 Swiss francs.

a. ...

b. ...

c. ...

d. ...

3bis. Provided that an added value of more than 100,000 Swiss francs arises, a betterment levy is imposed

a. during the rezoning of land from one type of building zone to another type of building zone (rezoning) in areas with a requirement for a development or design plan,

b. when adapting usage provisions (upzoning) in areas with a requirement for a development or design plan,

c. when issuing or amending a development plan.

4. ...

5. Subdivisions made to circumvent the levy obligation remain disregarded.

**1. The Municipality may enter into an administrative contract with property owners in the case of zoning changes or rezoning in areas that require a development or design plan, as well as upon the adoption or amendment of a development plan, instead of imposing a value-added levy.**

2. Such contracts regulate the rights and obligations of property owners and the competent public body in connection with the realization of a construction project. The subject matter of such contracts may, in particular, include

a. participation in infrastructure, particularly in the promotion of public transport and accessibility to its stops,

b. participation in the design of public spaces, specifically in the creation and design of parks, squares, and other publicly accessible spaces, green areas, and recreational facilities,

c. participation in public facilities and installations of municipal significance for social, health, education, and renewable energy purposes,

d. the exchange or transfer of properties or property parts, the granting of construction or usage rights for buildings and facilities in the public interest,

e. the creation of affordable or non-profit housing,

f. the obligation to develop the land within a specific timeframe,

g. the agreement on a purchase right in favor of the public body in case of non-development,

h. the allocation of planning costs, funding of feasibility studies, study contracts, and competitions.

3. If the property owners do not agree with a contractual solution, they can request the imposition of the value-added levy.

1. The rate of the value-added levy amounts to 20 percent of the added value in the case of re-zoning, in the event of changes or upgrades in zones within areas subject to development or design plan obligations, as well as upon the issuance or amendment of a development plan.

2. The added value corresponds to the difference between the market value of the land with and without the plan change. It is to be determined using recognized methods.

3. The added value calculated in the case of re-zoning is to be reduced by the amount used within two years from the date the re-zoning becomes legally effective, for the acquisition of a replacement agricultural building for self-management in the sense of Article 5 paragraph 1quater of the Federal Act on Spatial Planning. The duration of the building permit process and any potential appeal or civil proceedings shall not be included in this timeframe.

1. In the case of rezoning, the betterment levy becomes due

a. upon the development of the property following the legal force of the building permit,

b. upon the sale of the property with the commencement of the new legal situation.

2. In the case of reclassification and upzoning in areas with development or design plan requirements, as well as the issuance or amendment of a development plan, the betterment levy becomes due

a. upon new constructions or significant changes to existing buildings following the legal force of the building permit,

b. upon the sale of the property with the commencement of the new legal situation.

3. In the event of partial development of a re-zoned property and - even if only part of the newly overall permissible use is realized - in the case of reclassification and upzoning in areas with development or design plan requirements, as well as the issuance or amendment of a development plan, the entire betterment levy becomes due.

4. There is no entitlement to a refund of the betterment levy in the event of a later change in the land use plan.

1. The revenue from value-added charges for rezonings is allocated to a fund administered by the canton. The primary purpose of the fund is to finance compensations for the reduction of oversized building zones (downzonings), including procedural costs and interest costs in cases of advance financing by the municipality. Any surplus funds shall be equally used for further cantonal spatial planning measures pursuant to Article 3 of the Spatial Planning Act and for redistribution to the municipalities according to a key determined by the cantonal government.

2. If the canton, municipality, and affected property owners amicably agree on the compensation to be paid for compensatory rezonings, the amount owed as a value-added charge for simultaneous rezoning may be fully or partially used for this purpose.

3. The revenue from value-added charges for conversions and upzonings in areas requiring a development or design plan, as well as for the issuance or amendment of a development plan, accrues to the host municipality. It shall be used for further spatial planning measures under Article 3 of the Spatial Planning Act, particularly for measures aimed at densification, enhancements of public spaces and of nature and landscape, and for the promotion of settlement quality and affordable or nonprofit housing.

4. The need for funds for tasks under paragraph 1 shall be periodically reviewed. The distribution of funds shall be adjusted if there is no longer a need to accumulate funds for the financing of compensations under paragraph 1. Fond resources not needed for compensations shall be redistributed to the municipalities.

5. The expenses incurred by the canton for the administration of the fund shall be charged to the fund in advance.

1. The municipality assesses the value-added levy after the legal validity of the plan amendment, which results in an increase in the property's value. The municipality may defer the assessment if the issuance of a development or design plan is additionally required for the development of an area.

2. An objection can be raised in writing against the assessment to the assessment authority within 30 days of delivery of the decision. The provisions of § 154 of the Tax Act apply mutatis mutandis. An administrative court appeal against the objection decisions of the assessment authority is permissible within 30 days of delivery. The Cantonal Court also has the right to exercise discretion control.

3. When the imposed value-added levy becomes due, the municipality issues an invoice for the amount. In the event of maturity following the development of the property per § 105c paragraphs 1a and 2a, the municipality may grant a payment period of up to 12 months. If the occurrence of maturity is disputed, the property owner may, within 30 days of receiving the invoice, request a decision on the maturity that can be appealed with an administrative court appeal. The levy amount shall accrue interest at a rate set by the government council after 30 days from the date of invoicing. An administrative court appeal does not halt the accrual of interest.

4. Unless otherwise regulated in this law, the provisions of §§ 25, 27 paragraphs 2 and 3, 28 paragraphs 2 and 3, 32 paragraph 3, 33 paragraphs 1 and 2, and 34 of the Act on Property Gain Tax apply mutatis mutandis to the assessment and existence of the claim.

5. In the case of zoning, the municipality is entitled to five percent of the levy amount as a lump-sum compensation for its assessment and collection efforts.

6. The canton has the right of access to the communal files of the assessment procedures for zoning. The Department of Construction, Environment, and Economic Affairs is entitled to object to assessment decisions and to file an administrative court appeal against objection decisions of the municipality.

7. The status of the property concerning the value-added levy is public.

1. To secure the claims and default interest from the collection of the value-added tax, there exists, in favor of the canton and the municipalities, a statutory lien that takes precedence over other liens, for a duration of two years from the due date. Subject to Article 836, paragraph 2 of the Swiss Civil Code (ZGB), no entry in the land register is required.

1. Development charges are deductible expenses for land value increment taxes and constitute business-related expenses for regular taxes.

2. This also applies to a contractually agreed value-added compensation up to a maximum of 30 percent of the added value resulting from the planning change.

1. The government council shall regulate the specifics in the ordinance.

1. If planning leads to property restrictions that are equivalent to expropriation, full compensation must be provided in accordance with Article 5, paragraph 2 RPG.

1. If no amicable settlement can be reached, the compensation shall be determined in accordance with the Expropriation Act. Both the expropriator and the expropriated party are authorized to initiate the appraisal procedure.

1. The payment of compensation for property restrictions must be noted in the land register.

1. Municipalities, municipal associations, and cooperatives under cantonal law may impose contributions on interested landowners for construction, correction, operation, and maintenance costs of public works or works in the public interest. This right also extends to private utility companies supplying water and energy facilities, provided they perform a task in the public interest with the consent of the competent municipality.

2. Obligated to contribute are also owners of any kind of facilities, such as tracks, pipelines, canals, cableways, and similar structures, insofar as they are not already considered part of a piece of land.

1. Contributions shall be assessed in proportion to the benefits, taking into account any disadvantages that the properties may incur from the work.

2. The total sum of the contributions from the interested parties, together with the municipal share and any contributions from the federal, cantonal authorities, etc., must not exceed the total costs.

1. Municipalities, municipal associations, cooperatives under cantonal law, and utility companies have a statutory lien for their contribution claims that takes precedence over other liens without the need for entry in the land register, specifically for construction costs for a period of ten years and for operating and maintenance costs for a period of two years, each from the due date.

1. The government council shall regulate the specifics by ordinance.

**1. The canton conclusively regulates the applicability of construction terms and measurement methods of the Intercantonal Agreement on the Harmonization of Construction Terms of September 22, 2005.**

**2. The following construction terms and measurement methods apply:**

a. The relevant terrain is considered to be the naturally grown terrain profile. If this cannot be determined due to previous excavations and embankments, the natural terrain profile of the surroundings is to be used. For planning or development-related reasons, the relevant terrain can be defined differently in a planning or building permit procedure.

b. Buildings are stationary structures that provide shelter for people, animals, or objects, featuring a permanent roof and typically other enclosed spaces.

c. Small structures are freestanding buildings that do not exceed a total height of 4.5 meters and a usable building area of 50 square meters and contain only auxiliary use areas.

d. Extensions are built in conjunction with another building, do not exceed a total height of 4.5 meters and a usable building area of 50 square meters, and contain only auxiliary use areas.

e. The facade plane is the surface formed by the vertical lines through the outermost points of the construction above the relevant terrain. Projecting and insignificantly recessed parts of the building are not considered.

f. The facade line is the intersection line of the facade plane and the relevant terrain.

g. The projected facade line is the projection of the facade line onto the plane of the official survey.

h. Projecting building parts extend up to a maximum of 1.5 meters beyond the facade plane and must not exceed one-third of the corresponding section of the facade, except for roof overhangs.

i. Receding building parts are set back relative to the main facade. They are considered insignificant according to paragraph 2e, as long as the setback in width does not exceed one-third of the corresponding section of the facade.

j. The building length is the longer side of the smallest rectangular area that encompasses the projected facade line.

k. The building width is the shorter side of the smallest rectangular area that encompasses the projected facade line.

l. The clear height is the difference in height between the upper edge of the finished floor and the lower edge of the finished ceiling or beam position, if the usability of a floor is determined by the beam position.

**3. The government council regulates the details of the construction terms and measurement methods in the ordinance.**

1. Anyone who wishes to temporarily (construction work, material deposits, etc.) or permanently (subsurface structures, balconies, bay windows, etc.) use public land for private purposes must obtain the permission of the owner, who may demand an appropriate fee for this. The amount of the fees and the method of collection are to be determined for state land by the government council in an ordinance, and for municipal land by the eligible voters of the municipalities in a regulation. The legislative procedure provided for in the municipal ordinances and the provisions of the Road Act remain reserved.

1. If it is required in the public interest, the cantons, municipalities, and companies supplying water and energy may, without compensation, install signs and facilities such as street signs, traffic signals, distribution network indicators, overhead line and lighting fixtures, hydrants, etc., on private properties and private structures. In doing so, they must take into account the preferences of the affected property owners regarding the type and location of the installation as much as possible.

2. The costs for the creation, maintenance, relocation, and removal of these installations, as well as any necessary adaptation work, are to be borne by the entitled parties.

3. Measures for the preparation of planning and project development, such as inspections, plan recordings, surveys, and soil investigations, must be tolerated. These must be announced to the owner of the affected property in an appropriate manner in advance. Any damage resulting from these measures must be compensated. In case of dispute, the compensation will be determined in an appraisal procedure according to the Expropriation Act. Any claims for damages must be submitted to the appraisal commission. These claims expire one year after becoming aware of the damage, but at the latest, five years after the damaging event.

1. The designation of public and private streets, squares, and pathways, as well as the numbering of houses, is the responsibility of the municipality, which should accommodate justified requests wherever possible.

2. Their decision can be appealed to the government council through an administrative complaint.

1. The Government Council enacts an advertising ordinance for the entire territory of the canton. The ordinance regulates the installation and design of outdoor advertisements.

2. The advertising ordinance serves traffic safety and the protection of the local and landscape image, cultural and natural monuments, and scenic viewpoints.

3. It defines the requirement for approval and particularly regulates the placement, design, and maintenance of advertisements, as well as the approval procedure.

4. An appropriate fee may be charged for the approval, where the location, size, and duration of the advertisement's installation are particularly taken into account. The fees are to be specified in the advertising ordinance. Advertising for events of nonprofit associations is exempt from fees, provided that no commercial advertising is displayed simultaneously on the same advertising medium.

5. The Government Council may transfer the authority to approve advertisements, wholly or partially, to the municipality upon request.

1. The federal legal provisions apply to the development of properties.

1. The municipality may, when required by public interest, assume the construction, expansion, or replacement of access facilities upon application if the landowners obligated under the municipal access plan cannot reach an agreement.

2. It decides on the application, and the construction, expansion, or replacement of the access facilities in the respective plan approval or project authorization process. It may also decide on the application in advance.

3. The interested landowners shall bear the costs. If they cannot reach an agreement, the municipality imposes the costs through a perimeter procedure.

1. If the services that the municipality or the specially designated development agencies must provide to develop the building zones are not implemented as stipulated in the municipal development plan, the interested property owners are entitled to

a. carry them out themselves; for this purpose, they can request the transfer of the expropriation rights vested in the municipalities,

b. achieve this by providing an interest-free advance on the incurred costs.

2. The municipality decides on the private development or the advance funding according to paragraph 1 and determines the timing and modalities of the reimbursement of the financial advances provided by the interested property owners. If the municipality is required to provide development services, the responsible authority of the municipality decides based on a credit resolution in accordance with municipal law.

3. The government council regulates further details in the ordinance.

1. The municipality may issue regulations adapted to individual circumstances regarding the width and type of construction of the access road to the building plot, including the drainage or infiltration of rainwater. The provisions of the Road Act remain reserved.

2. Courtyards and their access roads must not be designed in such a way that they impede the deployment of the fire department.

1. Exits and entrances to streets and squares must be designed in such a way that traffic participants are neither obstructed nor endangered.

2. Garage forecourts must be large enough so that vehicles can be parked in front of the garage without occupying the sidewalk or roadway. The length of the forecourt must be at least 6 meters. Furthermore, the forecourts must be designed to ensure unhindered access to and departure from all garages at all times.

3. On roads without through traffic and with only minor local traffic, exceptions to the regulations regarding the length of garage forecourts may be permitted.

4. To reduce rainwater runoff, a permeable surface design or measures may be required to cause a temporary, harmless accumulation of water during heavy rainfall.

1. Parking spaces in underground car parks of buildings with five or more parking spaces for residents or ten or more parking spaces for employees must be equipped with basic infrastructure for charging electric vehicles, in the case of

a. new constructions,

b. an extension or modification of the underground car park requiring a building permit.

2. The government council regulates the details in the ordinance.

3. The municipalities can issue further regulations regarding the obligation to establish the basic infrastructure in a bylaw.

1. The boundary distance is the distance between the projected facade line and the plot boundary.

2. Projecting and insignificantly recessed building parts are disregarded in the calculation of the boundary distance.

I apologize, but it seems like there's no specific law article text provided for translation purposes. Could you please provide the full text or details of the law article that you need translated into English?

1. For buildings, the following minimum regular boundary distances apply depending on the permissible total height according to the building and zoning regulations, development plan, and design plan

- up to 11 m: 4 m

- up to 14 m: 5 m

- up to 17 m: 6.5 m

- up to 20 m: 8 m

- over 20 m: 10 m

2. In core, village, and work zones, in zones for public purposes, and in zones for sports and recreational facilities, as well as in areas with closed construction and for the preservation of architecturally and historically valuable parts of localities, smaller boundary distances can be stipulated in the building and zoning regulations or in a development plan, while considering aspects of health, fire protection, and protection of the local and landscape image.

3. Where the municipality has exceptionally not determined total heights, the approved total height is decisive for calculating the boundary distance of a structure.

4. The government council regulates further details in the ordinance.

I'm sorry, but it appears you have provided incomplete information or specific text to translate. Could you please provide the content of the law article that needs to be translated into English?

1. For small structures and extensions, the minimum boundary distance is 3 meters.

1. Subterranean structures are buildings that, with the exception of access pathways as well as railings and parapets, extend no more than 1 m above the relevant or the lower-lying terrain. Their minimum boundary distance is 2 m.

2. Underground structures are buildings that, with the exception of access pathways as well as railings and parapets, are entirely beneath the relevant or the lower-lying terrain. They may be built right up to the boundary.

1. Supporting walls, freestanding walls, and enclosures that do not exceed 1.5 meters above the relevant terrain may be built up to the boundary line. If they exceed this limit, they must be set back from the boundary by twice their excess height, but no more than 4 meters.

2. These provisions apply analogously to slopes and embankments.

3. The boundary distance for plants is determined by the provisions of the Introductory Act to the Civil Code.

**1. Where the closed construction method is strictly prescribed, the side enclosing walls (firewalls) of the buildings must be placed on or at the boundary up to a depth of 12 meters, and may, without the neighbor's consent, be placed up to a depth of 25 meters, both measured from the building line. If construction does not extend to the entire permissible depth along the boundary, the lateral distance, measured from the facade or any further protruding building parts, must be at least 3.5 meters from the boundary and 7 meters from the neighboring building, irrespective of the building's height.**

**2. Where closed construction or boundary construction is permissible, neighbors can mutually grant each other the right and duty to construct together. Such a mutual boundary construction right requires public notarization and the approval of the municipality, which must be noted in the land register as a public-law property restriction.**

**3. Without a building permit and against the will of the neighbor, no windows or doors may be installed or later opened in a wall that is on or at the boundary; the same applies to walls that do not comply with the legal boundary distance.**

**4. Roof overhangs, connections only at roof edges, continuation of a single house wall, and similar situations do not constitute joint construction.**

1. The distance between buildings is the space between the projected facade lines of two buildings.

1. The minimum building distance corresponds to the sum of the statutory boundary distances.

2. For constructions on the same property, the minimum building distance is to be measured as if there were a boundary between them.

1. For small buildings, the minimum building distance is 4 meters.

2. Structures that do not exceed a total height of 3 meters and a floor area of 10 square meters, and only contain ancillary use areas, generally are not required to maintain a building distance.

1. The municipality may grant exemptions from the boundary and building distance regulations of this law

a. in village and core zones, in zones for public purposes, as well as in zones for sports and leisure facilities,

b. for the preservation of architecturally or historically valuable areas,

c. in building zones where a dense construction style is permissible, and in areas where additional densification is desired,

d. for existing buildings for insulation against heat loss,

e. for industrial and commercial buildings within their premises,

f. in difficult construction terrain,

g. in development and design plans, provided the usual distances from neighboring properties are maintained,

h. for noise protection facilities,

i. for temporary structures, provided the usual distances from neighboring properties are maintained,

j. to create harmonious transitions between building zones, when the permissible overall height is significantly undercut,

k. for the building distance of new constructions that comply with the statutory boundary distance, when a structure on the neighboring property is already located at a lesser distance from the common boundary,

l. in extraordinary cases,

m. * when adjacent property owners agree on a reduced boundary distance within the framework of a publicly notarized agreement.

2. An exemption permit may only be granted if public interests and legitimate private interests are not significantly impaired.

3. If a boundary distance of less than 2 meters is to be approved in the cases of paragraph 1a-l, a publicly notarized agreement of the property owners is required.

4. The government council shall regulate the details by ordinance.

1. Notwithstanding the setback regulations, structures such as fountains, protective shelters, distribution boxes, ticket machines, and noise protection installations may be erected and plantings carried out on public land, provided that the public interest so requires. Due regard must be given to the surroundings and the interests of neighboring property owners.

1. Buildings and Structures at the Building Zone Boundary must Comply with the Boundary Distances Prescribed in Sections 120 et seq. from the Boundary between Building Zones and Non-Building Zones.

1. The distance from roads is governed by the provisions of the Road Act.

1. Where circumstances require, building lines must be established along forests within construction zones based on spatial planning and forestry considerations. In doing so, the distance from the building line to the forest edge must generally be at least 20 meters.

2. Where no building lines exist, new buildings and facilities must maintain a minimum distance of 20 meters from the forest edge.

3. The building permit authority decides on granting exceptions to reduce the forest distance to a minimum of 15 meters for residential and workspaces, and 10 meters for other buildings and facilities, taking into account residential hygiene, safety, and the preservation of the forest and its functions. Before making its decision, the building permit authority obtains the opinion of the affected forest owners and the competent department.

4. For buildings and facilities below the minimum distances according to paragraph 3, a special permit from the competent department is required. This can only be granted if the conditions for a deforestation permit are analogously fulfilled. The permit can be issued by the Department of Construction, Environment, and Economy if, in extraordinary cases, historical or significant spatial planning reasons speak for a construction project and these reasons outweigh forestry interests.

5. Liability is governed by federal legal provisions.

1. The watercourse distance is determined according to the provisions of the Water Construction Act.

1. ...

2. ...

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1. The total height is the greatest difference in elevation between the highest points of the roof structure and the vertically corresponding points on the relevant terrain. The municipality determines the total heights.

2. The government council specifies in the ordinance the permissible extent for the area exceeding the total height between the highest points of the roof structure and the upper edge of the roof surface. This restriction does not apply to technically necessary roof structures.

3. The facade height is the greatest difference in elevation between the intersection line of the facade plane with the upper edge of the roof structure and the corresponding facade line. For flat roof structures, the facade height is measured up to the upper edge of the parapet or railing. The municipality can establish facade heights, distinguishing between eaves, gable, mountain, and valley side facades.

4. The municipality may prescribe setbacks for the top floor. The government council regulates the details in the ordinance.

5. The eaves height is the averaged difference in elevation between the facade line and the lower edge of the eaves of the roof. The municipality can set eaves heights.

6. For staggered building structures, the permissible total, facade, and eaves heights are calculated separately for each offset building part.

1. Buildings and structures must be integrated into the architectural and landscape environment. They must be prohibited if their size, proportion, design, construction type, roof shape, or color compromises the local and landscape appearance.

2. Where it is practical according to local conditions, buildings and structures are to be greened.

1. Buildings and structures and their surroundings must be maintained in good condition to preserve a legitimate local and landscape character.

1. In the event of alterations to buildings or parts of buildings of historical, art historical, or special architectural significance, particularly those listed in the building inventory according to the Law on the Protection of Cultural Monuments of March 8, 1960, the building substance, character, form, and visual impact of these constructions must be respected. This also applies to new constructions and alterations to existing buildings in the vicinity of such structures.

2. In historic town centers, new constructions and structural changes must be adapted to the scale, materials, and colors of the existing development. Buildings may only be demolished once a building permit for the new construction has been granted. The same applies to buildings located in zones designated for the protection of the local scenery or that are listed in the building inventory.

3. If objects listed as worthy of protection in the building inventory or sites listed in the archaeological site inventory are affected by planning or approvals, the cantonal office responsible for monument preservation and archaeology must be involved in the proceedings. Interventions in registered sites must be approved by the competent office. The approval is free of charge.

4. Otherwise, the protection of significant buildings and facilities, as well as historic town centers, is governed by the Law on the Protection of Cultural Monuments of March 8, 1960. This protection is balanced against the public interests of energy-efficient construction and the use of renewable energies.

1. The admissibility of external antennas and comparable devices for receiving radio and television programs is governed by Article 53 of the Federal Act on Radio and Television of June 21, 1991.

2. Other external antennas and comparable devices are permissible, except when the interest in protecting significant local and landscape images, historical sites, or natural and cultural monuments outweighs the interest in the information receivable through the devices.

3. Furthermore, the environmental law provisions, especially the Ordinance on Protection against Non-ionizing Radiation of December 23, 1999, must be observed.

**1. All buildings and structures must possess the necessary strength and fire safety in both construction and materials for their intended purpose. They shall be constructed and maintained in such a manner that neither people nor property are endangered. In particular, they must provide adequate safety for their residents and users. The Government Council shall issue the necessary regulations in the enforcement ordinance.**

**2. Structures and buildings that have been damaged or destroyed by fire or other causes must be completely demolished or restored in accordance with building law regulations.**

**3. Property owners in construction zones must ensure that no hazardous conditions or occurrences such as landslides or rockfalls, caused by them, emanate from their properties.**

**4. During construction, maintenance, and demolition work, all safety measures necessary to protect the neighborhood and traffic participants must be taken by the construction side.**

**5. The municipality shall compel property owners to implement the measures required according to paragraphs 1-4 within a set deadline, under the threat of substitute performance (§ 209).**

**6. The Government Council may issue special safety regulations for certain buildings and structures.**

1. In areas where there is a risk of landslides, rockfall, avalanches, or flooding, no constructions or facilities may be erected.

2. Exceptions are permitted only if sufficient safety precautions are taken.

3. Hazard maps must be implemented in land-use planning. The government council regulates the details in the ordinance.

1. The obligation to construct firewalls is regulated in the Fire Protection Act and the Enforcement Ordinance.

2. If closed construction is mandatorily required and neighbors cannot agree on the execution of a shared firewall, the following regulation applies

a. * The first builder is entitled to place a firewall with its center on the boundary line without compensation for the use of foreign land.

b. * If the neighbor builds later, they must reimburse the first builder for half the value of the wall to the extent it is used. In this case, they also bear half of the maintenance costs.

c. Whoever builds onto a firewall and claims land from the neighboring property must provide compensation for it.

d. * Until the amounts are paid, the creator of the firewall is not required to permit the attachment of a new building or the enlargement of an existing structure to the wall.

3. A jointly used firewall may be underpinned, raised, or extended by the parties involved.

4. The municipality can require that firewalls or parts of them that remain visibly exposed for a prolonged period be treated in an appropriate manner.

5. Disputes regarding the civil law provisions of paragraphs 2 and 3 are decided by the civil judge.

1. The construction, modification, and operation of cable cars and ski lifts not subject to federal concession requirements require a permit from the competent service department according to the provisions of the Intercantonal Concordat on Non-Federally Concessioned Cable Cars and Ski Lifts dated October 15, 1951. If a building permit is additionally required in the sense of § 196, the regulations on the building permit procedure, particularly regarding procedure coordination, apply (§§ 188 et seq.).

1. To protect health, the principles of building biology should be considered in construction techniques and the choice of building materials. The canton supports the objectives of biologically and ecologically sound construction.

2. Building materials that are harmful to health over the long term shall not be used.

1. The municipality shall prohibit the use of premises at any time if it is detrimental to health or associated with danger.

1. The construction of residential buildings where all living and sleeping rooms are oriented from northeast to northwest is prohibited.

2. Residential buildings may not be constructed in areas with pronounced shading.

1. Rooms intended for human occupancy must be adequately lit and ventilated.

2. Living and sleeping rooms must have windows that lead directly to the outside and can be opened. Exceptions are windows that open into conservatories. The window area must be at least one-tenth of the floor area.

3. The installation of air conditioning and ventilation systems is subject to the provisions of the Energy Act.

4. ...

1. Rooms intended for human occupancy must be sufficiently large according to their intended purpose.

2. Living and sleeping rooms must have a floor area of at least 10 square meters and a clear height of at least 2.3 meters. In sloped-ceiling rooms, this height must be maintained in at least half of the room.

3. ...

1. For residential buildings with six or more apartments, high-quality outdoor spaces and surrounding areas that enhance the residential and living environment must be constructed to an appropriate extent.

2. The municipality may grant exceptions if the construction of these spaces is not possible or practical due to local conditions, or if the residential and living environment quality is ensured in another way.

1. Rooms intended for human occupancy must be professionally insulated against noise, moisture, heat loss, as well as harmful temperature and weather influences.

2. The provisions of § 164 apply to insulation against heat loss.

1. In certain buildings, during reconstructions, to protect the townscape and landscape, or for other important reasons, exceptions to the provisions of §§ 152-155 may be permitted in the building permit.

1. Newly accessible public buildings and facilities must be accessible and usable for people with disabilities.

2. In the event of renovation, alteration, and expansion, existing publicly accessible buildings and facilities must be adapted to meet the needs of people with disabilities.

3. In the construction, renovation, alteration, and expansion of residential buildings with at least six apartments each and buildings with more than 25 workplaces each, the needs of people with disabilities must be adequately considered.

4. Provisions for people with disabilities may only be waived if significant operational disadvantages or disproportionate additional costs arise, or if other interests prevail.

5. The government council issues detailed regulations regarding structural measures for people with disabilities in the ordinance.

1. In residential buildings and developments with six or more apartments, the builder is required to construct sufficient sunlit playgrounds and other recreational facilities on private land situated away from traffic. These are to be permanently maintained for their intended purpose.

2. The size of the playgrounds and recreational facilities must be at least 15 m² per apartment that has three or more rooms.

3. In the event of significant alterations to existing residential buildings and developments with six or more apartments, playgrounds and recreational facilities must be created, provided that the local conditions allow it.

4. Whenever possible, shared playgrounds and recreational facilities serving multiple buildings should be constructed.

5. ...

1. If the local conditions render the establishment of the required playgrounds and other recreational facilities impossible, or if other exceptional reasons oppose the establishment of such facilities, the builder must pay an appropriate substitute fee.

2. The amount of the substitute fee is to be determined by the eligible voters in the building and zoning regulations or in a special regulation.

3. The decision regarding the substitute fee is made in the building permit based on municipal regulations.

4. The proceeds from the substitute fees are to be used for the establishment and maintenance of public playgrounds and other recreational facilities.

1. During construction work, all reasonable measures consistent with the current state of technology must be taken to avoid excessive impacts on the neighborhood from noise, dust, vibrations, etc.

2. Where circumstances make it appear appropriate, the applicant in the building permit process may be required to provide more detailed information and documents about the proposed construction methods, etc.

3. The municipality must prescribe measures in the building permit and also during the construction execution to prevent excessive impacts on the neighborhood.

4. It may limit the execution of noisy construction work to certain times, insofar as there are no already mandatory regulations existing on this matter, and determine the transport routes and delivery times.

5. It must periodically monitor compliance with these regulations and the orders issued based on them.

6. Paragraphs 1-5 also apply to demolition work.

1. Rooms intended for human occupancy may only be inhabited once they are completed and sufficiently dried out, the connection to the drinking water supply and sewage system is established, there is no danger to the health and safety of the occupants, and the conditions and requirements of the building permit have been met, insofar as possible.

1. High-rise buildings are structures with a total height of more than 30 meters.

2. They may only be constructed in areas suitable according to local planning and solely based on a development or design plan. Exceptionally, industrial buildings with a total height up to 40 meters may forgo such a plan. For high-rise buildings with a total height of more than 40 meters, a development plan is always required.

3. The building permit for a high-rise is subject to the following heightened requirements

a. The boundary and building distances must be determined, taking into account the shadow cast and the restriction of light.

b. Special requirements must be set, as necessary, for structural analysis, insulation, material quality, wall thickness, choice of materials, color design, advertisements, inscriptions, hygiene, barrier-free construction, vertical connections, escape routes, fire protection, firefighting equipment, waste disposal, ancillary rooms, etc.

1. Shopping or specialty market centers are establishments operated by one or more retail businesses, offering a range of products for self-consumers and, where applicable, service companies, whose net areas are in close spatial relation to one another and which form a unit in terms of planning or construction.

2. Shopping centers, without restriction to specific sectors, particularly offer goods for daily and frequent periodic needs.

3. Specialty market centers carry a range of goods restricted to specific sectors for medium- and long-term needs. They may not offer goods for daily and frequent periodic needs.

4. Net areas include all above-ground and underground spaces accessible to customers, including service, counter, shelf, and display areas. Covered shopping corridors used for public traffic are excluded.

1. For shopping centers with a net area over 1500 m² and for retail parks with a net area over 3000 m², a design plan is required.

2. For shopping centers with a net area over 6000 m² and for retail parks with a net area over 10,000 m², a development plan is required. The municipality may specify lower net areas in the construction and zoning regulations.

3. The design or development plan must, in particular

a. provide for a shopping or retail center with the maximum allowable net area,

b. demonstrate the use of the center,

c. specify the existing access facilities as well as those that need to be newly established or modified in view of the location, size, design, and catchment area of the center,

d. ensure the realization of the facilities to be newly established or modified both factually and legally.

4. Insofar as further access facilities are required outside the perimeter of the design or development plan in view of the location, size, design, and catchment area of the center, the following must be ensured

a. the facilities to be newly established or modified must be simultaneously determined in a land-use plan, which is to be coordinated with and issued alongside the design or development plan, or determined in another suitable manner,

b. the realization of these facilities must be ensured both factually and legally.

5. For shopping or retail centers with impacts that extend beyond the municipality, the Department of Construction, Environment, and Economic Affairs responsible for the preliminary review of development plans determines whether and how the affected municipalities, the regional development agency, or the canton should ensure sufficient coordination of the necessary measures in each case. Statements on location, size, and access to such centers can be specified in guidelines, land-use plans, or other suitable ways.

1. Shopping centers must integrate into the residential and supply structure aimed at by the canton’s guideline plan, the regional sub-guideline plans, and the municipalities' guideline plans, as well as the municipal land use planning. In particular, their location, size, and catchment area must comply with the purpose and function of settlement centers described in the cantonal guideline plan, to which they can be attributed.

2. Shopping centers with a net area exceeding 3000 m² must be easily accessible by public transportation.

1. A development or design plan may be waived if compliance with the requirements pursuant to §§ 170 and 171 is ensured by the applicable regulations or another land use plan.

2. The decision to waive the plan must be made by the authority responsible for adopting the plan. The decision to waive a development plan may be appealed to the government council through an administrative appeal.

3. The decision to waive a development plan requires the approval of the government council. The council also decides on any administrative appeals with its approval.

4. The decision of the government council can be appealed to the cantonal court by means of an administrative court complaint, insofar as the government council decides on the appeals.

1. The costs incurred in the preparation and enactment of a development plan for a shopping or retail center shall, contrary to § 66 paragraph 1, be borne by the applicants. If the development plan is also in the interest of third parties, they shall bear a portion of the costs in proportion to the benefits they receive. If there are significant public interests in the development plan, the municipality may contribute.

2. Otherwise, § 66 shall apply.

1. Caravans, motorhomes, tents, and similar structures may only be regularly set up, established, and used according to their intended purpose on land that is suitable for such use. For the use of land for camping lasting more than 30 days, a building permit is required.

2. In addition to the building permit, the establishment of a building zone designated for camping and an operating permit are required if

a. the land in use exceeds 3000 m²,

b. more than 20 pitches are planned, or

c. camping is not limited to the period from March 15 to September 30.

3. The land used for camping must, in particular, meet the legal requirements regarding development, safety, health, water protection, local appearance protection, and landscape protection. The government council shall specify further details in the ordinance.

1. The municipality may permit the parking of vehicles belonging to itinerant people at locations authorized by it and with the consent of the landowners for more than 30 days without a building permit.

1. In zones designated for construction, legally constructed buildings and facilities that do not comply with public-law building and land-use regulations may be preserved and modernly renovated.

2. They may also be remodeled, partially changed in their use, or reasonably expanded if

a. this does not significantly increase their illegality, and

b. there are no overriding public or private interests opposed to it.

1. For construction projects outside of building zones, the exceptions to zone conformity are determined by federal regulations for

a. site-dependent structures and facilities (Art. 24 Federal Act on Spatial Planning),

b. changes in use without structural modifications (Art. 24a Federal Act on Spatial Planning),

c. non-agricultural ancillary enterprises (Art. 24b Federal Act on Spatial Planning, Art. 40 Spatial Planning Ordinance),

d. existing non-conforming structures and facilities (Art. 24c Federal Act on Spatial Planning, Art. 41 and 42 Spatial Planning Ordinance),

e. non-zone-compliant commercial buildings and facilities (Art. 37a Federal Act on Spatial Planning, Art. 43 Spatial Planning Ordinance),

f. other cases provided for therein.

1. In addition to those applicable under federal law, further exceptions from zone conformity for building projects outside the construction zones may be approved for

a. non-agricultural residential uses (Art. 24d para. 1 Federal Act on Spatial Planning),

b. hobby animal husbandry (Art. 24d para. 1 bis Federal Act on Spatial Planning),

c. protected buildings and facilities (Art. 24d para. 2 Federal Act on Spatial Planning),

d. buildings in scattered settlement areas (Art. 39 para. 1 Spatial Planning Ordinance),

e. landscape-defining buildings (Art. 39 para. 2 Spatial Planning Ordinance).

2. Permits for the exceptions under paragraph 1 may only be granted if the conditions required under federal law are met (Art. 24d para. 3 Federal Act on Spatial Planning, Art. 39 para. 3 Spatial Planning Ordinance).

1. The Executive Council shall designate in the ordinance the cantonal authority responsible for determining whether all construction projects outside of building zones comply with zoning laws or whether an exemption permit can be granted in accordance with Sections 180 or 181.

2. In the absence of a decision from the cantonal authority responsible under paragraph 1, the building permit is void. Moreover, the provisions regarding the building permit procedure (Sections 188 et seq.) shall apply.

1. Anyone who intends to construct a building or facility, or to alter its structure or use, is required to obtain a building permit.

2. Exemptions are made for buildings and facilities or changes thereto for which, in the ordinary course of events, there is no public interest or interest of neighbors to verify compliance with public law construction and usage regulations in advance. This includes, in particular, repair and maintenance work.

3. The government council shall determine, by regulation, the buildings and facilities and the alterations thereto that

a. can be approved in a simplified procedure according to § 198,

b. generally do not require a building permit.

1. The constructions necessary for the creation and modification of buildings and facilities on the construction site, such as cranes, barracks, water, electricity, and telephone connections, toilet facilities, and similar installations, are deemed approved upon the issuance of the building permit.

1. The owner of a building or facility must notify the municipality of demolition work at least 20 days in advance.

2. Demolition work will be prohibited if it contravenes public law regulations. The decision must be communicated to the owner within the twenty-day period. If it is necessary to further clarify whether the demolition complies with building and use regulations, the work is to be provisionally prohibited before the deadline and the necessary documents are to be requested from the owner.

**1. The building application, signed by the project developers and property owners, must be submitted to the municipality in accordance with the guidelines established by the government council in the ordinance.**

2. ...

3. The plan authors must be qualified professionals. The government council regulates the specifics in the ordinance, which also includes exceptions and a transitional provision.

4. By submitting the building application, the property owners participate in the building permit procedure and give their consent to property restrictions imposed to ensure compliance with requirements.

1. Projects for new constructions and facilities, as well as for structural measures that alter the external form of a building or facility, must be marked out at the latest on the day of submission of the building application in such a way that the entire extent of the building or facility is clearly visible. The top edge of the ground floor and the top edge of the roof surface must be designated.

2. The construction profile may not be removed until the building permit procedure and any possible appeal procedure have been conclusively resolved. The municipality or, during the appeal process, the appeal authority may order the premature removal of the construction profile if the status of the proceedings permits it.

1. The Municipality Reviews,

a. whether the ordinary or simplified building permit procedure is to be conducted,

b. whether the building application with its enclosures meets the requirements for examination and assessment of the construction project and whether the building outline corresponds with the plans. If this is not the case, it demands correction of the cited deficiencies within a set deadline with the threat that otherwise the building application will not be processed,

c. whether, in addition to the building permit, further permits or orders are required for the same matter. If this is the case and a cantonal authority acts as the lead agency according to § 192a paragraph 2, the municipality forwards the matter to them for resolution.

1. Governing Procedure

a. The procedure before the Government Council applies as the governing procedure if, in addition to the building permit, a decision by the Government Council is required in the same matter; otherwise,

b. the land use planning or building permitting procedure applies.

2. The authority responsible in the governing procedure is the leading authority.

3. If the Government Council is the leading authority, it issues, together with its decision, all other necessary permits and orders from cantonal authorities for the same matter. The Department of Construction, Environment, and Commerce acts as the instructing instance in this process.

4. If the building permitting procedure is the governing procedure, the Government Council shall determine by ordinance which cantonal authority shall issue, in one decision, the necessary permits and orders from all cantonal authorities for the same matter.

**1. If the building application meets the formal requirements, it must be made public immediately according to the specifications set by the government council in the ordinance and be made available to the public together with the attachments. If the building permit procedure is to be coordinated with other procedures, the lead authority shall ensure a joint public disclosure of all application documents.**

2. The building application must be made available to the public for 20 days, unless the applicable law for the lead procedure or federal law provides otherwise.

3. Neighbors must be informed of the public availability of the building application, with a reference to the possibility to lodge an objection during the availability period. Neighbors are deemed to be those owners whose properties border the building site and are not more than 25 meters away from a planned structure or facility. In the case of joint ownership, notification may be given to the administration.

1. Public law and private law objections must be submitted in writing, in duplicate, along with a request and its justification during the publication period to the office specified in the public announcement.

2. A public law objection can assert the violation of public law provisions, while a private law objection can assert the violation of private rights.

3. The objections shall be forwarded to the builder and the property owners for their comments within five days after the objection period has expired.

1. The building permit authority shall ex officio examine whether the construction project complies with public construction and usage regulations and whether the building plot is accessible. If this is the case, the building permit is to be granted. Otherwise, it is to be refused, unless the defects can be remedied through conditions and stipulations in the building permit. Section 182 remains reserved for construction projects outside building zones.

2. If the building permit is to be coordinated with further permits and decisions, the lead authority ensures consistent decisions and the substantive alignment of any conditions and stipulations in the building permit and in the other decisions.

1. The municipality decides on the building application and the public-law objections without delay after the expiry of the objection period, as soon as the statements of the interested cantonal authorities are available or the deadline set for them has expired unused. The same applies to the cantonal authority, which issues in one decision the necessary permits and orders of all cantonal authorities that need to be coordinated with the building permit.

2. In cases where exceptions to the provisions of this law are to be approved as provided for by law, these must be explicitly noted in the building permit, including conditions and stipulations. It must be demonstrated that the exceptions do not violate any public interests, can be allowed with due consideration of the involved private interests, and that any special legal requirements are also met.

3. The decision on the building application and the objections is communicated in writing by delivering the decision to the building owner, the property owners, and the objectors. If additional permits and orders are required in the same matter in addition to the building permit, the lead authority announces all decisions together and simultaneously as far as possible.

4. Along with the decisions, a set of plans bearing the approval marking is to be transmitted to the building owner.

1. For the constructions, installations, and modifications thereof specified by the Executive Council in the regulation, which can be decided upon in a simplified building permit procedure, the following applies, deviating from the provisions in §§ 188 et seq.

a. The building application only needs to be accompanied by a site plan and other documents as may be required in each case,

b. The construction project does not need to be pegged out,

c. The building application is neither to be publicly announced nor publicly displayed,

d. * The building application must be made known to the affected property owners who have not given consent to the construction project by signature, with an indication that they can file an objection within 10 days.

e. * ...

1. The Government Council shall establish time limits and their effects in the regulation for all procedures relating to the establishment, modification, or change of purpose of buildings and facilities.

1. Before the unutilized expiration of the appeal period or prior to the final resolution of an ordinary legal remedy and before the provision of any potential security pursuant to § 204, construction work may not commence. The competent authority may, in justified cases and at the risk of the builder, authorize an early start of construction.

2. The individuals responsible for the execution of the construction (architects, engineers, contractors, etc.) are obligated to ensure before the start of construction work that a legally binding building permit is in place.

1. Expiration of Building Permit

a. The building permit shall expire if construction or installation has not commenced within two years from the date when the building permit becomes legally effective, or in the event of a civil lawsuit, from the date of the legally binding resolution of the lawsuit.

b. The permit shall also expire if construction work has been interrupted and is not completed within a period set by the municipality.

2. Upon application, the municipality may extend the validity of a building permit for a maximum of three years, provided that no public interests oppose the extension, and neither the approved project nor its immediate surroundings, nor the relevant building and usage regulations have undergone any significant changes. The application must be submitted before the deadline specified in paragraph 1a.

1. The approved plans are binding for the execution of the buildings and facilities.

2. For any deviation from the approved plans, the building permit procedure must be carried out anew, provided the deviation itself is subject to the obligation of approval. A construction marking and the plan submission procedure can be waived if all affected property owners provide written consent. The signatures must be affixed to the altered plans.

3. Deviations that obviously do not affect any legitimate private interests of third parties and no significant public interests can be permitted by the competent municipal authority on its own.

4. A set of the altered plans, marked with the approval note, must be delivered to the builder or the client with the decision.

1. To facilitate building inspection, the following construction stages must be reported in writing to the municipality

a. the establishment of the batter boards or the commencement of masonry work,

b. the completion of the shell construction, the firing installations, and thermal insulation (before commencing plastering work),

c. the completion of the sewer installations (before backfilling the trenches),

d. the completion of the buildings and installations before occupation.

2. The building permit may require that the fulfillment of the conditions contained therein be reported.

3. The municipality must verify the conformity of the building or installation with the building permit and the approved plans and documents within three working days following receipt of the notification.

4. The municipality may require submission of the samples for facade and roof design.

5. Authorized officials may enter the construction site and adjacent properties at any time to exercise their functions. They may, upon prior notice, arrange for aerial photography of properties.

1. If special circumstances make it appear necessary, the builder may be required to provide a security deposit in the building permit to fulfill important conditions. This security may not be set higher than the costs of substitute performance would amount to or than the value of the secured interest is estimated to be.

2. To ensure compliance with conditions, property restrictions may be ordered. If these are property restrictions according to Article 962, paragraph 1 of the Swiss Civil Code dated December 10, 1907 (ZGB), the building permit authority must note these in the land register sheet of the building plot at the expense of the builder.

1. Property Owners and Persons Responsible for Construction Execution Must Ensure Order on the Construction Site.

1. The planning approval procedure serves the realization of facilities for electricity production that are in the public interest and make a central contribution to supply security, namely

a. Wind power plants and wind farms with an average expected production of at least 10 gigawatt hours (GWh) per year,

b. Reserve power plants in the interest of ensuring electricity supply security on a national level,

c. Other larger facilities designated by the government council in the regulation, which generate electricity using renewable primary energy sources.

2. The planning approval procedure is also applicable to facilities for energy storage in the interest of supply security. The government council regulates the conditions for this in the regulation.

3. With the planning approval, the permitted use of the land, including access and necessary installation sites, is determined, and all permits, concessions, and expropriation rights necessary for the project and within the jurisdiction of the canton are granted.

4. If the project is subject to the master plan according to Article 8 paragraph 2 of the RPG (Spatial Planning Act), its location, expected scope and purpose, or in the case of planning wind power plants, the wind energy areas must be included as a designation in the cantonal master plan. Otherwise, the master plan must be adjusted in the procedure according to § 13 in advance or coordinated with the planning approval procedure, with the deadline for the public consultation procedure being 30 days.

5. Municipal permits and plans are not required. Municipal law is to be taken into account, provided it does not disproportionately restrict the projects.

1. The planning approval application must be submitted to the Department of Construction, Environment, and Economic Affairs for preliminary examination before the public disclosure in accordance with § 20 paragraph 2.

2. The affected municipalities are given the opportunity to comment on the project and submit requests during the preliminary examination.

3. The Canton, in collaboration with the applicant, informs the municipality, the population, and other affected parties early on about the objectives and process of the planning approval procedure and ensures that they can participate in a manner consistent with § 6.

4. The Canton collaborates with the affected municipalities.

1. In the planning approval process, the Government Council is the leading authority. The Department of Construction, Environment, and Economic Affairs acts as the instructing authority.

2. The planning approval application must be submitted to the Department of Construction, Environment, and Economic Affairs with the documents required according to the provisions of the ordinance.

3. The Department of Construction, Environment, and Economic Affairs is responsible for the 30-day public announcement of the draft plan, along with the related regulations, in the affected municipalities and makes the announcement public. The announcement must indicate that an objection can be raised with the Government Council during the announcement period.

4. The affected municipalities and property owners must be informed of the public announcement of the project, with an indication of the possibility to raise an objection with the Government Council during the announcement period.

5. The Department of Construction, Environment, and Economic Affairs conducts any objection hearings.

6. Unless otherwise specified, the provisions for the construction permit process and the law on administrative jurisdiction dated July 3, 1972, apply mutatis mutandis.

1. The Cantonal Government grants the plan approval. This includes

a. the approval of the project-specific land use plan along with the associated regulations,

b. the building permit pursuant to Article 22 of the RPG, as well as all other necessary permits and decisions by cantonal authorities concerning the same matter,

c. the decision on any public law objections raised against the land use planning or the construction project,

d. granting of the necessary concessions, insofar as it is required,

e. granting of the expropriation rights, insofar as it is required.

2. The plan approval may be granted for a limited time.

3. The Department of Building, Environment, and Economic Affairs must publish the plan approval decision in the Luzerner Kantonsblatt.

4. Plan approval decisions can be appealed to the Cantonal Court within 30 days, and interim decisions can be appealed within 10 days through an administrative court complaint.

1. The planning approval expires if construction of the project has not commenced within three years following its legally binding grant.

2. The government council may extend the validity period of the planning approval for significant reasons. An extension is excluded if the material factual or legal circumstances have substantially changed since the legally binding grant of the planning approval.

1. Facilities pursuant to Section 205a paragraph 1, whose operation is definitively ceased, must generally be dismantled. The government council decides to what extent the original condition should be restored.

1. Operators of wind energy installations shall offer the affected municipalities and their population the opportunity to participate in the investment in electricity production from wind energy in an appropriate manner.

2. The offer of participation is not a prerequisite for the granting of plan approval. However, it must be available before the commissioning of the wind energy installations.

3. The government council may issue detailed implementation regulations in the ordinance.

1. All decisions and resolutions issued under the application of the Federal Act on Spatial Planning and this Act may be appealed to the Cantonal Court with an administrative court complaint within 20 days, and interim decisions within 10 days, unless this Act specifies otherwise.

**1. Persons Entitled to File Objections and Appeals Under This Law:**

a. Individuals who have a legitimate interest in the rejection of a request or in the amendment or annulment of a contested decision, resolution, or draft.

b. Cantonal authorities against requests and drafts, as well as against decisions and resolutions of municipalities, provided that the request, draft, decision, or resolution pertains to a subject area that, according to organizational legal provisions, falls within the scope of cantonal administration.

c. Organizations entitled to lodge complaints under federal law in the area of environmental, nature, and heritage protection, as well as their sections operating in the Canton of Lucerne in the instances provided therein.

d. Other organizations in the area of environmental, nature, and heritage protection, which have dedicated themselves for five years in accordance with their statutes to environmental, nature, and heritage protection in the Canton of Lucerne, within the scope of their statutory purpose, insofar as the interests of environmental, nature, and heritage protection are affected.

e. The advisory office for barrier-free building in the case of constructions as per § 157.

f. Municipalities that are affected in their legitimate interests by a shopping or specialist market center pursuant to § 169 Paragraph 1.

g. Other individuals, authorities, and organizations authorized by the legal system to do so.

**2. In the Event of an Objection Procedure Conducted Before the Issuance of a Decision or Resolution, Arising from the Application of the Federal Law on Spatial Planning and This Law, an Appeal May Only Be Filed By:**

a. Those who participated in the objection procedure as a party, or

b. Those who are subsequently affected in their legitimate interests by the decision or resolution.

1. The Executive Council exercises oversight over the application of building and land-use regulations. It particularly monitors the fulfillment of tasks that are the responsibility of the municipalities.

1bis. The Executive Council supervises the implementation of the Federal Act on Second Homes.

2. It ensures the coordination of procedures among the cantonal authorities that must grant approval for construction projects.

1. Any person who acts in violation of an order issued pursuant to the Federal Act on Spatial Planning and this law, or fails to fulfill a condition or obligation, must rectify the unlawful state at their own expense.

2. The municipality is responsible for ensuring the restoration of the lawful state in accordance with the provisions of the Administrative Procedure Act.

3. For the costs of the procedure and measures, the municipality possesses a statutory lien on the property, which takes precedence over other liens, without needing an entry in the land register, and this lien is valid for a period of two years from the date of maturity.

1. If construction work is commenced without authorization or if the execution of the buildings and facilities does not comply with the regulations or the approved plans, the competent authority shall order the suspension of the construction work.

2. Upon issuance of the order, a fine shall be threatened in accordance with Article 292 of the Swiss Penal Code.

3. Orders for suspension of construction work can be appealed to the Cantonal Court with an administrative court complaint within 10 days. They are provisionally enforceable.

4. The municipality may, if necessary, seek the assistance of the police for enforcement.

1. For the enforcement of the Spatial Planning Act, the Spatial Planning Ordinance, the Planning and Building Act, and the provisions issued thereunder, the competent authority or office may impose measures, stipulations, and conditions. If these constitute property restrictions according to Article 962, Paragraph 1 of the Swiss Civil Code, they must be noted in the land register.

2. The competent authority or office shall have the public-law property restrictions lifted and deleted from the land register if the conditions for them no longer exist.

1. The canton and municipalities levy fees for the fulfillment of their planning and building law tasks. They may also demand fees particularly in cases where these tasks are not concluded by decision.

2. Anyone who loses as an opponent in the building permit or design plan procedure, or whose objection is not admitted, bears the official costs incurred thereby. This also applies to additional procedural costs in the case of frivolous or obstructive objections. The authority may require the opponent to provide an appropriate advance payment to secure the official costs.

3. The governing council regulates, according to the principles of fee assessment in §§ 7-11 of the Fee Act, by ordinance, among other things

a. the fees for preliminary examinations, preliminary clarifications, opinions, and information in building and planning matters,

b. the fees for further tasks not to be concluded by decision in the area of procedural coordination and project management,

c. the limitation of costs according to paragraph 2 and other cases of cost exemption or reduction.

4. The municipalities issue a fee schedule for the assessment of fees to be levied for the fulfillment of their planning and building law tasks.

1. Intentional or negligent violations of Sections 113, 122 paragraph 1, 124, 125 paragraph 1, 126 paragraphs 1 and 2, 129 paragraphs 1 and 3, 134a, 136 paragraph 2, 142 paragraph 2 sentences 2 and 3 and paragraph 3 sentence 2, 149, 152 paragraph 1, 153 paragraph 2, 154 paragraph 2, 158 paragraphs 1 and 2, 174 paragraphs 1 and 2, 184 paragraph 1, 187 paragraph 1, 200 paragraph 1 sentence 1, 202 paragraph 1, and 203 paragraphs 1, 2, and 4 of this law are punishable by a fine of up to 20,000 Swiss Francs, in severe cases or in cases of recidivism, up to 40,000 Swiss Francs.

2. If the act involves a financial advantage, it acts as an aggravating factor. If the perpetrator acts out of greed, the fine must at least match the achieved advantage.

3. Incitement and complicity are punishable.

1. Everyone is entitled to report violations pursuant to § 213 to the law enforcement authorities.

2. ...

1. Upon the enactment of this law, the following are repealed

a. the Building Law of the Canton of Lucerne of September 15, 1970 [54],

b. * ...

c. * ...

2. ...

1. The building and usage regulations of the municipalities are repealed insofar as they conflict with this law. Provisions in the building and zoning regulations of the municipalities that provide a bonus for roof or attic floors are repealed.

2. In the area of the City of Lucerne, development plans approved by the Governing Council prior to the approval of the zoning plan remain in effect, provided they do not conflict with the zoning plan.

1. The zoning plans and the building and zoning regulations must be adapted to the new provisions of the amendment dated June 17, 2013, by no later than the end of 2023.

2. Development and design plans that have not been fully or only partially realized by the time of the public disclosure of the zoning plans and building and zoning regulations according to paragraph 1 may still be completed according to the older provisions that continue to apply as per Appendix 1, by no later than the end of 2023. This regulation does not apply to development and design plans specifically designated by the municipality in the building and zoning ordinance.

1. Sections 105-105g concerning the compensation for planning benefits are applicable if the resolution leading to an increase in value by the eligible voters or the municipal parliament was passed after the amendment of June 19, 2017, came into force.

2. A claim for reimbursement of compensation payments from the fund according to Section 105d paragraph 1 exists for all re-zonings based on Article 15 paragraph 2 of the amendment to the Spatial Planning Act of June 15, 2012.

1. The Executive Council grants final authorization for large-scale photovoltaic installations in the cantonal plan approval procedure according to §§ 205a et seq., in accordance with the urgent measures for the short-term provision of a secure power supply dated September 20, 2022 (Article 71a of the Energy Act of September 30, 2016).

1. Applications that have not yet been decided by the municipal council at the time this law comes into effect, and legal remedies pending before the government council, are to be decided according to the new law, while pending administrative court appeals are to be decided according to the previous law.

2. The cantonal plan approval procedure according to §§ 205a-205f applies to all projects within its application scope that have not yet been publicly disclosed at the time these provisions come into effect.

1. The law enters into force on January 1, 1990. It is subject to an optional referendum.