Planning and Building Ordinance (PBV) - Procedure (PBV)

1. Master and utilization plans (consisting of the plan and regulations) must be submitted to the Department of Spatial Planning and Economics for preliminary review, at the beginning of the public display, for approval, and after amendment according to the instructions and corrections in the decision of the government council, in electronic form as a file. The master plan texts and regulations must be prepared in such a way that the connection and linking of text content with the plan data is ensured. The Department of Spatial Planning and Economics sets the modalities as well as the data models, transfer formats, and standards to be used.

1a. Approved zoning plans are legally binding in electronic form according to paragraph 1. If discrepancies between the previously approved plans in paper form and the plans in electronic form are detected, the Department of Spatial Planning and Economics may make a correction ex officio or upon the request of the municipality. In case of dispute, the Department of Spatial Planning and Economics issues an appealable order.

1b. Approved master and special utilization plans are binding in paper form. They must be submitted to the Department of Spatial Planning and Economics after amendment according to the instructions and corrections in the decision of the government council. The Department of Spatial Planning and Economics sets out the modalities in guidelines.

2. If master and utilization plans or building and zoning regulations are amended, paragraphs 1, 1a, and 1b apply accordingly.

1. The actual areas of the following are not counted

a. Non-visible basements and a visible basement not counted as full stories according to § 138 paragraph 1 PBG, each to a maximum extent of the area of an average full story with an additional 10 percent in single and two-story zones, and 20 percent in three-story and all other zones,

b. Basements of staggered, at least two-story building parts, in accordance with letter a,

c. Fuel storage rooms, heating rooms, and heat storage facilities in basements not considered full stories according to § 138 paragraph 1 PBG,

d. Glazed balconies, verandas, and winter gardens up to 15 percent of the countable floor area of the associated apartment; they must not have any heating facilities and must be separated from the countable spaces,

e. Rooms for bicycles and mopeds as well as for strollers,

f. Mandatory parking spaces for motor vehicles as prescribed in the building permit, insofar as they are not for commercial purposes, including their entrances and driveways,

g. Attic spaces, as long as their clear room height is less than 1.5 meters.

2. ...

1. If the requirements for barrier-free construction according to § 157 PBG are met, the following floor areas are not counted

a. For buildings and facilities with public access

1. 1.5 m² for the restroom in new constructions, expansions, and conversions similar to new constructions,

2. 5 m² per floor for the elevator in expansions and conversions similar to new constructions,

b. For larger industrial and commercial buildings and facilities

1. 1.5 m² for the restroom in expansions and conversions similar to new constructions,

c. For multi-family houses

1. 5 m² per floor for the elevator in expansions and conversions similar to new constructions and in new constructions with up to three floors,

2. 1 m² per floor for the elevator in new constructions with more than three floors,

3. 1 m² per apartment for the bathroom or restroom in new constructions, expansions, and conversions similar to new constructions.

1. The calculable land area is considered to be the surveyed area of the property within a construction zone, excluding

a. existing or planned roadway and sidewalk areas as designated in an approved development plan, design plan, land reallocation plan, street plan, building line plan, or road project,

b. areas that pursuant to an approved zoning plan, development plan, design plan, land reallocation plan, street plan, building line plan, or an approved road or water construction project must be ceded for public purposes,

c. forests and bodies of water.

2. The necessary access and egress routes for development, residential streets, footpaths, and open mandatory parking spaces for vehicles are taken into account.

3. Provided that the areas mentioned in paragraphs 1a and 1b do not exceed 10 percent of the surveyed property area (excluding forests and bodies of water and excluding the areas according to paragraph 2), they may be considered for the calculable land area. This applies equally to areas that have demonstrably been ceded and subdivided since January 1, 1971, for the aforementioned purposes.

1. A plot of land that has already been used once for complying with the maximum allowable utilization rate for a building may not be used again for another building.

2. Entirely or partially built-over plots may only be subdivided in such a way that the utilization rate is adhered to both individually and collectively; exceptions are reserved for regulations concerning comprehensive developments and townhouse clusters.

1. The right to the unused utilization of a property can be transferred to another building plot if the two properties are adjacent, lie within the same building zone, and the zoning character is preserved.

2. Private roads and paths as well as smaller watercourses located within the property boundary do not hinder a utilization transfer.

3. In development and design plans, the right to unused utilization can be transferred even if

a. the properties are not within the same building zone, provided the local conditions permit this,

b. the properties are not adjacent; however, the distance must not exceed 100 meters, measured from property boundary to property boundary.

4. The transfer of the right of utilization must be noted in the land register at the expense of the entitled property owner on the property that relinquishes utilization as a public-law property restriction, and on the property that receives utilization. The municipality must file the application for notation.

1. Residential buildings must provide ancillary rooms such as storage rooms, cellars, or attics with a total area of at least 5 square meters for tenants of one- and two-room apartments, and a total area of at least 7 square meters for tenants of larger apartments, in addition to laundry and drying rooms.

1. Existing floor areas that became eligible on January 1, 1996, with the amendment of the Implementing Ordinance to the Planning and Building Act of December 19, 1995, may be used or made usable even if this amendment results in the applicable utilization index being exceeded.

1. The Construction Index is calculated as follows

Construction Index = Buildable Area / Creditable Land Area according to § 12

1. The buildable area corresponds to that part of the property where the ground floor and upper floors project above the natural or lower terrain. Building components that do not exceed the natural, lowered, or raised terrain or do so by less than 1 meter must be included in the buildable area to the extent that they contain naturally lit living and working spaces.

2. The following are not counted in the buildable area

a. Open building parts projecting from the facade, as well as open garden halls and covered open house entrances,

b. The areas of unheated verandas, porches, glazed balconies, and winter gardens up to 10 percent of the chargeable floor area of the associated apartment,

c. Auxiliary structures not used commercially such as greenhouses, tool sheds, small animal stalls, playhouses, and bicycle shelters,

d. Garage buildings and parking halls with mandatory parking spaces that protrude with no more than two-thirds of their exterior surfaces above the natural, lowered, or raised terrain,

e. Elevator additions in existing buildings, provided the elevator cannot be installed inside the building,

f. Additional external insulation on existing buildings.

3. The deductions for barrier-free construction pursuant to § 11 apply correspondingly.

1. The provisions in § 13 apply to the prohibition of the multiple consideration of the same plot of land.

2. § 14 shall apply accordingly to the transfer of the right to the unclaimed buildable area of a plot to another building plot.

1. The Green Area Ratio is calculated as follows

Green Area Ratio = Green Area / Creditable Plot Area pursuant to § 12

1. Areas considered green spaces include meadows, hedges, flowerbeds, open spaces for play and recreation, gardens, parks as well as ponds and small lakes.

2. Green spaces may also include recreational facilities, paths, greened underground garages, areas with grass paving stones and similar, provided that these areas fulfill the purpose of standard green spaces and have a corresponding effect.

3. Existing forests and public waters are not eligible for consideration.

1. The Sealing Ratio is calculated as follows

Sealing Ratio = Sealed Areas / Total Property Area

1. Sealed surfaces are not water-permeable, notably applying to surfaces with tiles, fiber cement, metal sheets, glass, gravel adhesive material, asphalt, and concrete.

2. Unsealed surfaces are water-permeable, notably applying to meadows, forests, parks, gardens, and surfaces with permeable coverings.

1. In determining the total facade length for the calculation of the additional length surcharge pursuant to § 122 paragraph 5 PBG, a recessed facade is disregarded by the measure of its offset compared to the principal facade.

1. The Utilization Factor is calculated as follows

Utilization Factor = Creditable Floor Areas / Creditable Land Area

1. The calculable floor areas shall be considered as the actual areas of the enclosed space of all floors, excluding exterior walls and the areas specified in § 10 paragraph 1, multiplied by a calculation factor of 0.8 for zones with one to three stories and 0.9 for all other zones beginning with the four-story zones.

2. If the municipality changes the utilization coefficient, the calculation factor for the relevant zone or area shall be 1.0, which must be indicated in the building and zoning regulations. To ensure the modification of the utilization coefficient, the municipality may designate a planning zone (§§ 81 et seq. of the Spatial Planning Act).

1. The Department of Construction, Environment, and Economic Affairs is responsible for the publication of the enactment of the cantonal utilization plan and the associated regulations in the Lucerne Cantonal Gazette.

1. The Environmental and Energy Office is responsible for mapping crop rotation areas. It may involve other offices and external experts to assist with and take over these tasks.

2. The Office of Spatial Planning and Economics ensures that utilized crop rotation areas are fully compensated. It may involve other offices and external experts to assist with and take over these tasks.

a. * ...

b. * ...

c. * ...

3. The assurance of full compensation is carried out, in particular, through

a. * the accounting and monitoring of all crop rotation areas,

b. * the supervision of compensation projects throughout their entire duration, including subsequent management,

c. * the final acceptance of compensation projects, and

d. * monitoring of ongoing compensation projects and traded compensation areas.

4. The selected compensation measures are to be developed according to the specifications of the Department of Construction, Environment, and Economics and submitted to the canton in the preliminary examination procedure along with other documentation.

a. * ...

b. * ...

c. * ...

5. The Department of Construction, Environment, and Economics may issue guidelines.

1. In zones where mixed uses are designated, a realizable usage proportion may be specifically determined

a. by the number of floors (stories),

b. by the location of the usage, or

c. by the allocation of primary usage areas according to Swiss Standard SN 504 421 (2004 edition).

1. Municipalities must consider the planning objectives and principles mentioned in Articles 1 and 3 of the Federal Act on Spatial Planning of June 22, 1979, when determining the special agricultural zones according to § 54 paragraph 3 of the Planning and Building Act of March 7, 1989 (PBA), and must take into account the various functions of the agricultural zone described in Article 16 of this Act.

2. Special agricultural zones are excluded

a. In nature and landscape protection zones if the use permitted in the special agricultural zone is not compatible with the protection objectives,

b. In landscapes worthy of protection and in the vicinity of natural objects if these are impaired by the use permitted in the special agricultural zone,

c. In the vicinity of heritage protected townscapes and cultural monuments if these are impaired by the use permitted in the special agricultural zone, particularly through buildings and installations,

d. Within groundwater protection areas and zones if the use permitted in the special agricultural zone is not compatible with the purpose of these protected areas and zones,

e. In other cases, if there are overriding interests opposing the designation of the special agricultural zone.

3. If the municipality wishes to designate special agricultural zones, the following requirements must be met or their fulfillment ensured

a. The zoning designation must not contradict the intended land use regulation.

b. The permitted use must be in accordance with the existing, suitably developed access infrastructure.

c. Any additional infrastructure costs must be borne by the interested property owners. The municipality may contribute to these costs.

d. Residential areas should be protected as much as possible from harmful or annoying effects, particularly noise or air pollution.

e. The use of crop rotation areas must be limited to what is necessary.

4. Municipalities can provide specific building and usage regulations for individual special agricultural zones in the building and zoning regulations and can limit the permitted use specifically to animal husbandry, horticulture, or another form of agricultural production.

1. The affected landowners and households shall be provided with the zoning plan and the building and zoning regulations, including the necessary explanations and a notice of the right to object during the posting period.

2. The municipality may waive personal delivery if it provides the documents according to paragraph 1 online for inspection. The affected landowners and households must be informed of this, with a notice of the right to object during the posting period. The municipality is obliged to provide these parties with a copy of the documents upon request.

3. Specifically, the following public postings must be published in the Official Gazette

a. Comprehensive revisions of local planning,

b. Partial revisions of local planning within the scope of the right of association complaints,

c. Development plans within the scope of the right of association complaints.

1. The municipality's right of purchase according to § 38 paragraph 3 PBG must be limited by the municipality in its decision regarding the intended use of the construction zone to ten years from the decision date and noted in the land register together with the time limit for development.

2. In the decision, the municipality determines the terms for compliance with the time limit for the development of the building land. The time limit begins with the legal force of the decision. The duration of approval and appeal procedures or of civil proceedings is not included.

3. The municipality may exercise the right of purchase by decision after the unused expiration of the time limit for the development of the building land. Beforehand, it attempts to reach a contractual agreement with the property owner. If no amicable settlement on the market value of the building land is reached, the municipality initiates the valuation procedure with the appraisal commission.

4. In the procedure before the appraisal commission, the provisions of the Expropriation Law of June 29, 1970, apply accordingly. The municipality is authorized to register the acquisition of rights with the land registry immediately after the payment of the determined purchase price and any necessary surveying of the property.

5. The municipality will have the note of the time limit for development and its limited right of purchase removed from the land register when the conditions have ceased to exist.

1. The municipality initiates the procedure pursuant to § 39 paragraph 5 PBG either on its own initiative or upon the request of an interested landowner. The latter must provide the municipality with the documents necessary to assess the removal of the private law building restriction.

2. If no amicable agreement can be reached, the municipality requests the Department of Construction, Environment, and Economy to conduct a preliminary review of the legality of the intended expropriation. In doing so, it must demonstrate whether, from its perspective, the expropriation serves the public interest, especially regarding the spatial development planned by the municipality.

3. After the preliminary review, the municipality or the interested landowner may submit the expropriation application in accordance with §§ 26 et seq. of the Expropriation Act.

**1. The Zoning and Design Plan**

The zoning and design plan shall generally be prepared at a scale of 1:500. They shall contain, as needed, specific provisions concerning

a. access,

b. building lines and construction areas,

c. purpose, location, and ground area of the buildings,

d. usage figures,

e. boundary and building distances, overall height, building length and width,

f. building style, ridge direction, roof and facade design,

fbis. outdoor floor areas and surrounding areas for use as living space in accordance with Swiss Standard SN 504 416 (edition 2003),

g. the area required for public buildings and facilities, green spaces, playgrounds, and sports and recreation facilities,

h. ancillary rooms, kindergartens, and other community facilities such as energy, waste disposal, composting, and dog toileting facilities,

i. building accessible to people with disabilities,

j. the preservation and planting of green spaces, trees, and hedges,

k. measures for economical use of energy and the use of renewable energy sources,

l. measures for protection against noise, natural hazards, and incident risks.

**2. Requirement for Multiple Drafts**

The municipality may require that several drafts be submitted, and specifically that the appropriate dimensioning and arrangement of the outdoor floor areas and surrounding areas be demonstrated.

**2bis. Coordination of Settlement and Traffic**

The competent authority may impose requirements for the coordination of settlement and traffic (number of bicycle parking spaces, number of car parking spaces, etc.) and request the necessary documents for assessment according to the specifications of the Department of Construction, Environment, and Economy (traffic reports, mobility concept, etc.).

**3. Submission to the Office of Spatial and Economic Affairs**

The zoning plan (consisting of plan and regulations) shall be submitted to the Office of Spatial and Economic Affairs for preliminary review, at the start of the public display, for approval, and after its rectification according to the instructions and corrections in the decision of the government council, in electronic form as a file. The regulations shall be prepared in such a way that the connection and linking of the text content with the plan data are ensured. The Office of Spatial and Economic Affairs shall establish the modalities as well as the data models, transfer formats, and standards to be used.

**4. Amendments to Zoning Plans**

If zoning plans are amended, paragraph 3 shall apply accordingly.

1. A model at a scale of 1:500, including adjacent buildings and facilities, must be submitted with the development plan.

2. The municipality may request additional documents (plans, photographs, land registry extract, etc.) as necessary to verify the compliance of the development plan with building and usage regulations.

3. The municipality may require that constructions and facilities which are prominent, significantly obstruct views, dominate other structures, or are adjacent to properties of third parties, be pegged out.

1. The municipality refers the appellants with private law objections to the civil judge.

1. The organ responsible for this according to the statutes of the regional development agencies may determine that certain aspects of their plans and concepts are to be implemented by the municipalities in their planning or other activities impacting the spatial development.

2. In these cases, the regional development agencies must first obtain the opinion of the Department of Space and Economy.

1. **Attributable Land Area (aLA)** includes the land areas or parts of land situated within the corresponding building zone.

2. The areas of house driveways are counted.

3. The areas of basic, rough, and fine development are not counted.

4. If an area with existing traffic zones is newly developed, and there is a significant change in the development, the development areas planned in the construction project, as referred to in paragraph 3, are considered non-attributable land areas instead of the traffic zone areas. The traffic zone may be developed in accordance with the associated building zone. As part of the next amendment to the land use planning, the traffic zone areas must be adjusted accordingly.

1. The Building Coverage Ratio is calculated as follows

Building Coverage Ratio (BCR) = Creditable Building Area (CBA) / Creditable Land Area (CLA)

2. The Creditable Building Area is deemed to be the area within the projected facade line.

1. The municipality may specify an additional building index, to be used exclusively for the following structures, in the building and zoning regulations or in the development plan

a. * Structures with a lower overall height than permitted (ancillary structures),

b. * Small structures and extensions,

c. * Underground structures.

2. In the case of extensions, structural independence is required through a separation from the main building with an interior wall; however, this is not necessary for ancillary structures and underground structures.

1. The creditable building area for parking garages up to 3.5 m in total height, whose outer surfaces (measured from the top edge of the finished floor to the top edge of the roof surface) protrude no more than half above the relevant or the lowered terrain, shall be offset by a corresponding increase in the building development index.

2. A see-through fall protection may be installed on the parking garage.

1. For buildings, the zoning development index increases by 5 percent if

a. for new constructions,

1. * the target value of the Swiss Standard SN 520 380/1 (Edition 2016) regarding heating energy demand is met, or

2. a Minergie label certification with an additional P or A is achieved,

b. for renovations,

1. * the new construction limit of the Swiss Standard SN 520 380/1 (Edition 2016) regarding heating energy demand is met, or

2. * a Minergie label certification (Renewal) is achieved.

1bis. For new and renovated constructions, the zoning development index increases by an additional 5 percent if the requirements according to paragraph 1 are met and a certification according to the Standard of Sustainable Construction Switzerland (SNBS) or a Minergie label certification with the additional ECO is achieved.

2. The higher maximum possible development index pursuant to § 75 paragraphs 1 and 2 PBG must not be exceeded.

1. For existing buildings, the calculable building area for new elevator systems that cannot be implemented within the building and for subsequent thermal insulation is compensated by a corresponding increase in the development ratio.

1. If a property is requisitioned for water construction and road projects in the public interest, the loss of area is compensated by a corresponding increase in the building development ratio.

**1. In development and design plans, the right to the creditable building area of a property, limited by the maximum permissible total height, that is not utilized, may be transferred to another property, provided that the character of the zone is maintained and the distance between the properties does not exceed 100 meters, measured from property boundary to property boundary. If local conditions allow, the properties need not be in the same construction zone.**

**2. The transfer of the right to the creditable building area, not utilized, shall be recorded at the expense of the entitled property owner as a public-law property restriction in the cantonal dataset for spatial data.**

**3. The municipality is required to submit the application for the registration of the encumbered and the benefited property into the cantonal dataset for spatial data to the Service for Space and Economy. The relevant data for registration must be submitted to this service within two weeks from the decisive decision.**

**4. The cantonal dataset for spatial data is made accessible in the cadastre of public-law property restrictions.**

1. A plot of land that has already been used once to comply with the maximum allowable building ratio for a structure may not be used again for another structure.

2. Entirely or partially built-up plots may only be divided in such a way that the building ratio is maintained both individually and in total; exceptions are provided for the regulation of comprehensive and terraced house developments.

1. Considered as creditable green areas are natural and planted soil surfaces of a property that are not sealed and do not serve as parking areas.

Green Area Ratio (GZ) = Creditable Green Area (AGrf) / Creditable Property Area (aGSF)

2. Greened and planted soil surfaces are areas with a natural soil structure as well as areas on sublevel constructions that are covered with humus and planted.

3. Existing forests and public bodies of water are not creditable.

4. If bodies of water are revealed, the green area ratio is reduced accordingly.

1. The municipality prepares an overview of the state of development in accordance with Article 31 of the Spatial Planning Ordinance of 28 June 2000 and updates it according to the development.

2. The Department of Construction, Environment, and Economic Affairs may issue guidelines for the uniform presentation of development and construction overviews.

1. The municipal development plan specifies the development services to be provided by the municipality or the specially designated development entities, in accordance with the stipulations in the zoning plan. If the zoning plan is adjusted due to changed circumstances, the municipal development plan must be brought back into alignment with the new controlling zoning plan.

2. The municipal development plan must specify which development services the municipality or the specially designated development entities will provide within 5 years and in the longer term.

3. The estimated costs for the development services to be provided by the municipality or the specially designated development entities must be indicated as lump sums, based on empirical values and cost estimates.

1. The municipality shall assess, upon request, whether the conditions are met that entitle the interested property owners to undertake the development services, which are to be provided by the municipality or the specifically designated development carriers according to the municipal development plan, themselves. In their request, the interested property owners must demonstrate the planned measures and their financing.

2. If the interested property owners are entitled to undertake the development services themselves pursuant to paragraph 1, and the proposed measures are appropriate, the municipality must grant them permission to implement these measures. This is subject to the necessary plan approval and project approval procedures required by the applicable special legislation.

3. With the decision to allow the interested property owners to provide development services, it must be determined

a. whether, and if so, in what form, development facilities or parts thereof should be transferred to the municipality upon proper completion,

b. when and under what conditions the municipality is to reimburse the interested property owners for the incurred costs, less its own contributions.

1. The municipality shall, upon application, verify whether the conditions are met that entitle the interested property owners to advance the development services that are to be rendered by the municipality or the specifically designated development agents according to the provisions of the municipal development plan.

2. If the interested property owners are entitled to advance the development services pursuant to paragraph 1, the municipality is obliged to approve their advance payment and determine the amount and terms of the payment. The necessary planning approval and project authorization procedures required for the realization of the development facilities according to the applicable special legislation remain reserved.

3. In the decision to allow the interested property owners to advance the development services, it must be specified within what period and according to what terms the municipality shall refund the advance payments made to the development facilities by the interested property owners, deducting its own contributions.

1. If the municipality constructs access facilities or parts thereof on behalf of interested landowners upon request, it may demand advances or securities for the estimated costs before beginning the work.

1. The requirements for the development stage of the charging infrastructure for electric vehicles are based on the information sheet SIA 2060 "Infrastructure for Electric Vehicles in Buildings" (2020 edition).

2. For parking spaces for residents, at least 60 percent, and for parking spaces for employees, at least 20 percent of the parking spaces must be equipped with adequate connection lines and with empty conduits for a future installation of the charging infrastructure according to development stage C1 "Power to garage".

1. The municipality communicates the decision to initiate the land re-allotment procedure to the land registry office once it becomes legally binding. The land registry office records any possible restrictions on ownership, as stipulated in this decision, in the land register.

1. For the valuation of properties, structures, trees, and other components of the land located within and outside the construction zones that are included in the reallocation procedure, the market value is decisive.

2. The market value is determined according to the usage possibilities in accordance with the legally binding land use plan. If a land reallocation is conducted in anticipation of a new or adjusted land use plan, it is determined based on the future usage possibilities.

1. Compensation payments for surplus or deficit values that cannot be balanced through land, for unbuildable plots, and for other advantages and disadvantages within the meaning of § 93 PBG become due at the time of the enactment of the land readjustment plan. They are to be paid to the municipality for the benefit of the entitled parties.

2. The compensation payments shall bear interest at a rate of 5 percent from the time they become due.

3. If corrections in the land readjustment plan arise during the survey, the municipality shall decide on additional claims and reimbursements.

1. Easements, real burdens, pre-notations, and annotations may be canceled, modified, or transferred to new properties. For the regulation of mortgage relationships, the provisions of the Swiss Civil Code of December 10, 1907, in particular Articles 802-804 and 811, shall apply.

1. With the written consent of the owners, common property can be divided or reconstituted in the form of co-ownership or condominium ownership, if it serves the purpose of land consolidation.

2. Paragraph 1 does not apply to areas of traffic facilities, playgrounds, and recreational facilities, as well as to other facilities serving the common needs of the land consolidation area in the sense of Section 92 PBG.

1. The land consolidation plan must include, in addition to the graphic representation of the reallocation, the communal facilities, etc., the necessary textual additions regarding the owners of the new properties, the establishment, modification or deletion of limited real and personal rights, the reorganization of land charge relationships, the compensations, etc.

1. The municipality demarcates and surveys the new holdings based on the legally binding land readjustment plan. It reports the registrations, amendments, and deletions resulting from the land readjustment plan to the land registry office.

2. The application to the land registry office must be accompanied by the land readjustment plan, the decision of the municipality, and in ordinary proceedings, the approval decision of the government council, as well as the certificates of payment of compensations pursuant to § 93 paragraphs 2 and 3 PBG.

1. The municipality shall prepare a cost distribution schedule, if necessary, separate for the costs of

a. the allocation of areas for public use in accordance with § 92 PBG,

b. the procedure.

2. Parties as defined in § 99 PBG shall also include owners of properties located outside the land consolidation area, provided they gain an advantage from the land consolidation.

3. Insofar as the costs are not allocated within the framework of the land consolidation decision, the following shall apply

a. The cost distribution schedule must be communicated to the involved property owners.

b. An objection against the cost distribution schedule can be submitted in writing and with justification within 30 days.

c. The municipality shall decide on the objections unless they can be resolved amicably.

d. The cost contributions shall become due 30 days after their legally binding determination. From this date, they shall accrue interest at a rate of 5 percent.

**1. Significant Changes as per § 105c Paragraph 2a PBG**

Changes to existing buildings are considered significant if they expand the main usable area by more than 100 m² according to the Swiss Standard SN 504 421 (Edition 2004).

**2. Key Date for Expansion Calculation**

The key date for calculating the expansion is the date on which the relevant plan amendment becomes legally binding. From this point onwards, expansions are accumulated, and once the threshold as per Paragraph 1 is reached, the obligation to pay fees arises.

**3. Condominium Ownership Exception**

In the case of condominium ownership, the sale of a co-ownership share with special rights does not qualify as a sale of the property in the sense of § 105c Paragraph 2b PBG.

1. The municipality notifies the Department of Construction, Environment, and Economic Affairs of the initiation of an appraisal procedure.

2. Upon the final legal settlement of the appraisal procedure, the municipality submits the decision of the appraisal commission or the court judgment to the Department of Construction, Environment, and Economic Affairs, along with the request for reimbursement of the compensation and procedural costs. In clear cases, an exception may be made where a decision is not required.

3. Reimbursement to the municipality occurs within the limits of the available fund resources. The governing council issues a corresponding decision.

4. If the fund does not have sufficient resources for reimbursement to the municipality, a subsequent payment of the outstanding amount will be granted to the municipality at a later date.

5. The governing council issues a decision regarding contributions to compensatory rezonings pursuant to § 105d paragraph 2 PBG. The Department of Construction, Environment, and Economic Affairs may issue guidelines.

1. The government council decides every two years on the amount of surplus funds based on the fund's status and the expected revenues and reimbursements to the municipalities.

2. For the redistribution of surplus or unnecessary funds to the municipalities in accordance with § 105d paragraphs 1 and 4 PBG, the population and area of the municipalities are each considered at 50 percent.

1. Cantonal Measures of Spatial Planning under the Meaning of § 105d Paragraph 1 are in particular

a. Preparation of foundations for the spatial planning of the canton and municipalities, specifically in the areas of soil mapping and updating of the water network,

b. superior planning in the interest of the municipalities,

c. measures for better utilization of undeveloped or inadequately utilized areas in building zones and the possibilities for densifying the settlement area.

1. The Department of Construction, Environment, and Economic Affairs is responsible for the controlling of the fund administered by the canton.

1. The value of the contractual services to be agreed upon, which may also be rendered in forms other than monetary payments, is based on the value-added tax rate of 20 percent. Deviations upwards or downwards are possible.

1. If the designated area is subject to a special usage plan obligation, the entire added value is considered to be caused by the zoning, even if the special usage plan is issued at a later date.

1. In cases where the canton and the municipality amicably agree on compensatory rezoning as per § 105d paragraph 2 PBG, but the landowner affected by the rezoning opposes it and is awarded compensation at the expense of the municipality in the valuation procedure, the municipality is entitled to request a reimbursement from the cantonal fund up to the amount owed due to the rezoning tax.

2. In cases where the canton, the municipality, and the landowner amicably agree on compensatory rezoning as per § 105d paragraph 2 PBG, and the zoned-in and zoned-out properties are under the same ownership, the added value tax is to be paid on the positive difference between the increase in value of the zoned-in property and the decrease in value of the zoned-out property.

3. In cases of compensatory rezoning as per § 105d paragraph 2 PBG, the municipality is entitled to compensation for its expenses as per § 105e paragraph 5 PBG only for that portion of the levy amount that is possibly paid into the fund.

1. The Status of the Property Regarding Capital Gains Levy, specifically with respect to Tax Liability, Assessment, Due Date, and Payment, is recorded as a public-law restriction on property in the cantonal geospatial data record.

2. After approval of the plan amendment that results in a taxable capital gain, the encumbered property is registered in the cantonal geospatial data record. In cases of zoning designations, the municipality reports the assessment, due date, and payment of capital gains levies and, if applicable, the existence of an agreement in place of the assessment in compensatory de-zonings, as well as all relevant data and decisions of the Spatial and Economic Services office for entry purposes within two weeks following each determination.

3. The Cantonal Geospatial Data Record is made accessible in the Public-Law Restrictions on Property Cadastre.

1. The building permit authority shall obtain the opinion of the Office of Agriculture and Forests before approving exceptions to the statutory forest distance, reducing it to a minimum of 15 meters for residential and work spaces, and 10 meters for other structures and facilities.

2. The Office of Agriculture and Forests approves structures and facilities below the minimum distances specified in Paragraph 1 if the conditions for a deforestation permit are analogously met. In the other cases specified in § 136 Paragraph 4 of the PBG, the Department of Construction, Environment, and Economic Affairs decides. § 192a Paragraphs 3 and 4 of the PBG remain reserved.

1. Before the decision on exceptions pursuant to § 133 PBG is made, the statements of the building insurance and interested cantonal authorities must be obtained.

1. The upper edge of the roof surface may exceed the highest points of the roof construction, which determine the total height, by no more than 50 cm. This provision does not apply to flat roofs.

2. The upper edge of the roof construction may not exceed a depiction of the relevant terrain that has been elevated by the total height.

1. The roof structure or a recessed part of a building must not exceed a plane that rises at a 45° angle from the permissible façade height. Exceptions are roof structures that do not exceed the upper edge of the roof surface and half the length of the roof. The municipality may further limit the length of roof structures or prohibit them in the building and zoning regulations.

1. For the setback, the municipality may provide

a. the location of the setback in relation to the facades,

b. the minimum measure of the setback in meters,

c. the area measure of the setback in relation to the floor area of the top floor as a ratio.

2. The municipality may exclude the setback regulation if the permissible total height is undercut by at least 3 meters.

1. The requirements for handrails and parapets are governed by the Swiss Standard SN 543 358 (2010 edition). Exceptions, particularly in the case of protected cultural objects, are decided by the building permit authority.

1. The Office of Space and Economy grants approval for the construction and operation of cable cars and ski lifts that do not require a concession, in accordance with the provisions of the inter-cantonal concordat concerning cable cars and ski lifts that are not federally licensed, dated 15 October 1951. Exceptions are made with regard to § 192a paragraphs 3 and 4 of the Planning and Building Act (PBG).

1. The Office of Spatial Planning and Economic Affairs grants approval for the construction and operation of pipeline facilities according to Article 42 of the Pipeline Act of October 4, 1963. In this regard, the provisions in §§ 188 ff. of the Spatial Planning Act are applied mutatis mutandis. The Office of Spatial Planning and Economic Affairs also exercises supervision over these facilities.

2. The Office of Spatial Planning and Economic Affairs may, based on Article 28 of the Pipeline Ordinance of February 2, 2000,

a. delegate the technical supervision of pipeline facilities with an operating pressure (gauge pressure) up to 100,000 Pa (1 bar) to gas utility operators,

b. appoint the Technical Inspectorate of the Swiss Gas Industry (TISG) for the technical supervision of pipeline facilities with an operating pressure (gauge pressure) up to 500,000 Pa (5 bar),

c. entrust the Federal Pipeline Inspectorate with the technical supervision of pipeline facilities with an operating pressure (gauge pressure) over 500,000 Pa (5 bar).

1. Buildings and structures shall be constructed and maintained according to the recognized rules of technology for earthquake safety.

1. Elevator installations constructed before August 1, 2001, must be assessed by the municipalities during significant modifications to buildings within the framework of the building permit process for compliance with adequate stopping accuracy, the presence of cabin doors, and a permanent two-way communication with a rescue service.

2. A significant modification to a building, within the meaning of paragraph 1, is assumed when the construction costs (excluding the costs of elevator renewal) exceed 1 million Swiss Francs.

3. The municipalities shall order the necessary measures and monitor their implementation.

1. The construction, conversion, and operation of shooting ranges not available for out-of-service shooting activities must be reviewed by the federal shooting officer of the Canton of Lucerne for suitability and safety, as well as compliance with technical requirements, and their opinion must be obtained.

2. The federal shooting officer may also be consulted for the acceptance of such shooting ranges and for enforcement controls.

1. The Department of Construction, Environment, and Economic Affairs may issue guidelines for the implementation of the hazard map in zoning.

2. The hazard indication model is equivalent to the designation of hazard zones in zoning and constitutes a public-law restriction on property rights. The cantonal geospatial data set is made accessible in the cadastre of public-law property restrictions.

1. Demolition work must be reported to the competent authority 20 days before commencement according to the guidelines of the Office for Environment and Energy.

2. In the dismantling of buildings and facilities, materials must be handled in accordance with the requirements of the Federal Waste Ordinance of December 4, 2015, to ensure proper recycling and disposal.

1. The locations for the installation of antennas and similar facilities must be coordinated. In their selection and determination, particular attention must be paid to the protection of local and landscape views, as well as natural and cultural objects, and the impact on the population, for example through multiple use of the locations, should be kept as minimal as possible.

1. The Department of Environment and Energy executes the tasks assigned to the canton in the area of radon radiation as per the Radiation Protection Ordinance of June 22, 1994.

2. For buildings requiring a construction permit for their creation, structural modification, or change in usage, attention must be paid to radon tightness in rooms with ground contact that are used as living or working spaces. For residential use, it is advised to aim for a level below the guideline value of 300 Bq/m³. The building permit authorities shall inform the building owner about risks and possible measures. The authorities may order radon measurements after the construction of the buildings.

1. When constructing buildings accessible for the disabled, the needs of individuals with physical, auditory, and visual impairments must, in particular, be considered. In particular, the accessibility and usability of the buildings and facilities for residents, employees, and visitors must be ensured.

2. The structural requirements for buildings according to § 157 paragraphs 1-3 of the Building Code (PBG) are governed by the Swiss Standard SN 521 500 (edition 2009) concerning barrier-free constructions.

3. Building permits for residential buildings for the severely disabled, senior centers, hospitals, and other similar buildings may be subject to additional appropriate conditions.

1. In the case of the renovation or expansion of existing shopping or retail centers, net areas that are removed may be deducted from the calculation of the relevant total net area.

1. As development facilities for both public and private traffic, particularly traffic-appropriate access and egress routes for all traffic participants as well as adequate queuing spaces are to be provided.

2. The number of parking spaces for motor vehicles is to be determined based on the Swiss Standard SN 640 281 (edition 2006) concerning Parking (Provision of Parking Spaces for Passenger Cars) in accordance with the intended net areas and existing environmental burdens, while being aligned with the capacity and traffic safety of the overarching traffic network. The number for two-wheelers is to be determined based on the Swiss Standard SN 640 065 (edition 1997) on light two-wheeled traffic (Parking Facilities, Demand Assessment).

1. Land on which caravans, motorhomes, tents, and similar are regularly placed, set up, and used for their intended purpose must be geographically and structurally suitable for such camping. In particular, camping is not permitted in the immediate vicinity of churches, schools, hospitals, and homes, nor in areas where camping is prohibited or on public roads and squares.

2. When selecting and determining locations for camping, special attention must be paid to preserving the local and landscape characteristics and promoting joint use of the respective locations by multiple operators.

3. The land utilized must, in accordance with relevant regulations, possess adequate road access and fresh water supply, as well as wastewater and waste disposal facilities.

4. Where, due to the size or duration of the camping operation, in addition to the building permit, a specifically designated construction zone and an operating permit are required, the following must be ensured

a. The claimed land areas must be fenced if traffic safety, the interests of neighbors, or other reasons necessitate it,

b. Suitable premises for administration, postal traffic, healthcare, etc., must be available,

c. At least 60 liters of fresh water per person per day must be provided,

d. Sufficient covered washing facilities and dishwashing stations must be available,

e. At least one-third of the washing stations must be shielded from view if no shower facilities exist,

f. A sufficient number of gender-separated, night-lit toilet facilities with flush, drainage, and odor trap must be available for use,

g. Adequate covered garbage bins for kitchen and other waste must be provided and regularly emptied.

1. The operating permit from the municipality for the establishment, expansion, or modification of a camping operation shall only be granted when

a. the facilities have been constructed according to regulations and are ready for operation,

b. the necessary safety measures for emergencies (provision of rescue and firefighting equipment, publication of telephone locations, emergency numbers, and addresses) have been taken,

c. liability insurance has been obtained,

d. waste containers are set up, and proper waste disposal is ensured,

e. there is a set of site regulations that, in particular, provide through rules on admission procedures, fees, behavior on the site, nighttime quiet, playing, dog keeping, and sanctions, guarantees for the orderly operation of the site.

2. The holders of the operating permit or the persons responsible for the site who are reported to the municipality must

a. ensure compliance with the site regulations,

b. maintain a guest control system with registration forms, retain these forms for five years, and make them available to the Lucerne police upon request,

c. ensure waste disposal,

d. immediately report the occurrence of contagious diseases to a doctor,

e. collect the tourist tax, insofar as the municipality levies one, and forward it to the municipality.

1. The municipality exercises supervision over camping activities.

2. The municipality and the cantonal supervisory and police authorities have, in particular, the authority to inspect the camping operations.

3. The municipality may revoke the operating permit or take other appropriate measures in cases of inadequate maintenance, non-compliant operations, or insufficient management.

1. The Spatial and Economic Department decides on all construction projects outside of building zones, whether they conform to zoning regulations or whether an exceptional permit can be granted in accordance with §§ 180 or 181 PBG. Reserved is § 192a paragraphs 3 and 4 PBG.

2. The Agriculture and Forest Department is responsible for implementing biodiversity requirements, and the Spatial and Economic Department is responsible for issuing and implementing the guidelines for the integration of buildings and structures into the landscape. They may consult with other departments as well as external experts, and they take into appropriate account the interests of the affected municipalities. Deviations in responsibilities as per the applicable special legislation remain reserved.

1. Buildings and Facilities Worthy of Protection in accordance with § 181 paragraph 1c PBG are considered protected if

a. they are listed in the cantonal monument register,

b. they are designated as cultural objects worthy of protection in the zoning plan, in the building and zoning regulations, or in a development plan,

c. the municipality orders this upon request based on an affirmative decision from the Department of Space and Economy in the individual case; the Department of Space and Economy shall obtain the opinion of the Department of Culture for this purpose.

2. The application pursuant to paragraph 1c is decided by the municipality and the Department of Space and Economy during the building permit procedure. They can also make a preliminary decision on the application alone.

1. The following are considered buildings or structures for which a building permit must be obtained for construction, structural alteration, or change of use, namely

a. Residential buildings,

b. Industrial, commercial, and service buildings,

c. Public buildings and facilities (churches, school buildings, hospitals, homes, sports and leisure facilities, etc.),

d. Agricultural buildings and facilities,

e. Buildings and facilities for nurseries and horticulture,

f. Infrastructure facilities, including transportation facilities, unless an approval procedure under the Road Act is conducted,

g. Storage and parking spaces,

h. Waste disposal facilities,

i. Buildings and facilities near bodies of water, unless an approval procedure under the Water Construction Act is conducted.

2. If no significant public or private interests oppose, a decision may be made in a simplified building permit procedure pursuant to § 198 PBG on

a. Solar installations,

b. Heating, ventilation, and air conditioning systems outside the building,

c. Energy-efficient renovation of the building envelope,

d. Significant alterations to façade design or color,

e. Buildings, facilities, or alterations with construction costs under 80,000 francs,

f. Temporary buildings, facilities, and alterations,

g. Changes in use that conform to zoning,

h. Walls and enclosures,

i. Terrain alterations such as slopes, excavations, and embankments,

j. Other buildings, facilities, or alterations if justified upon individual assessment.

3. If, in addition to the building permit for the same matter, further approvals or decisions are required and the principles of coordination mandate it, a regular building permit procedure must also be conducted for the buildings, facilities, and alterations mentioned in paragraph 2.

1. Exempt from the building permit requirement are buildings and facilities or modifications thereof, for which, in the ordinary course of events, there is no public or neighborhood interest in verifying compliance with public-law building and usage regulations in advance.

2. Generally, no building permit is required for

a. Solar installations up to 20 m² in area that are adapted to the building envelope and surroundings or are directly installed on the ground, except in areas protected by local heritage or on inventoried, protected buildings,

b. * Solar installations over 20 m² as per federal law; they must be reported to the relevant authority according to the guidelines of the Department of Construction, Environment, and Economic Affairs 20 days prior to installation,

bbis. * Energy renovations in construction zones without design changes as per federal law, except in areas protected by local heritage or on inventoried, protected buildings, as well as on buildings with protected animal species, such as building-nesting birds,

c. Geothermal energy utilization installations up to 400 m below ground,

d. Heating, ventilation, and air conditioning installations within the building,

e. Up to two roof windows, each with a maximum size of 1.2 m² per main roof surface, except in areas protected by local heritage or on inventoried, protected buildings,

f. Parabolic antennas up to 0.8 m in diameter that are adapted to the building envelope and surroundings or are directly installed on the ground,

g. Structural installations not serving commercial purposes, for garden or outdoor area design such as pergolas, garden paths and stairs, seating fixtures, sandboxes, and seasonally set up garden pools up to 10 m² in area and 1.5 m in height, fireplaces and garden chimneys, fountains, ponds, artistic sculptures, flagpoles, stables or enclosures for individual small animals,

h. Walls and enclosures up to 1.5 m in height from the relevant terrain,

i. * Terrain modifications such as slopes, excavations, and embankments within the construction zones up to 1.5 m in height from the relevant terrain, which do not exceed 150 m³,

ibis. * One-time terrain modifications such as slopes, excavations, and embankments outside the construction zones up to 0.4 m in height from the relevant terrain, which do not exceed 80 m³ of uncontaminated topsoil, subject to differing regulations for certain protection zones; they must be reported to the relevant municipal authority according to the guidelines of the Department of Construction, Environment, and Economic Affairs 20 days before execution,

j. Small construction projects like greenhouses and garden sheds with a maximum base area of 4 m², tool chests, individual vending machines,

k. Temporary structures such as festival huts, circus tents, tribunes, and material storage for a duration of no more than one month,

l. * Parking individual motorhomes, caravans, or boats during non-operational periods on existing private parking spaces or similar use of such parking spaces, provided and as long as sufficient parking spaces for motor vehicles remain and neither surroundings nor outdoor areas are significantly impaired,

m. * Setting up advertisements for local events and for elections and votes, which according to § 6 paragraphs 1d and e and 2 of the Advertising Regulation of June 3, 1997, do not require a permit,

n. * Foil tunnels necessary for soil-dependent agriculture up to a maximum use period of six months per year, except in the wildlife corridor preservation zone,

o. * Weather and insect protection nets necessary for soil-dependent agriculture and the associated construction with driven wooden, concrete or metal posts. Projects within the wildlife corridor preservation zone are excluded.

1. The building application must be submitted digitally using the cantonal electronic form. Additionally, one paper copy must be submitted. The municipality may request further copies.

2. The necessary documents for a comprehensive and conclusive examination and assessment of the construction project must be submitted with the building application, at least including

a. A current site plan, generally at a scale of 1:500, showing the planned development, neighboring buildings, relevant distances (boundary, building, street, water, and forest distances), building lines, and access routes, all drawn and dimensioned.

b. Floor plans of all stories, elevation and section plans, all at a minimum scale of 1:100; the plans must include complete details of ground floor, facade, and total heights in meters above sea level, internal and external dimensions, type of foundation, wall thicknesses, story and clear room heights, roof structures, window areas, floor areas, purpose of the rooms, fireplaces and chimneys, tank installations, as well as the existing and projected terrain profile with key height points.

c. A plan for landscaping at a scale of 1:100, notably showing parking areas for vehicles, internal infrastructure, existing and planned pipelines, as well as playgrounds and recreational facilities, all drawn and dimensioned.

d. * Proof of energy measures according to §§ 11-18 of the Cantonal Energy Law of December 14, 2017 (Energy Certificate); if these documents, which must meet the requirements of the Environmental and Energy Office, are not yet available, they must be submitted at the latest before the start of construction.

e. Plans for the wastewater facilities at a scale of 1:100 with dimensions, height points, and details on gradients and materials used.

f. An overview plan at a scale of 1:500 to 1:2000 with the broader surroundings, a model, and a shadow cast diagram for high-rise buildings.

g. The "Declaration of Earthquake Safety Canton Luzern" with the required attachments.

h. * Fire protection plans for buildings that present an increased risk due to their usage, according to the guidelines of the building insurance.

i. * Detailed calculations proving compliance with the prescribed building codes.

j. * Proof of soil utilization according to the Federal Waste Ordinance.

k. * Information on the type, quality, and quantity of waste generated and proposed recycling and disposal according to the Environmental and Energy Office's requirements.

l. * Documents necessary for assessing the coordination of settlement and traffic according to the requirements of the Department of Construction, Environment, and Economic Affairs (traffic report, mobility concept, etc.).

3. The municipality may request further necessary documents for examining and assessing the construction project (photographs, land registry extracts, models, etc.).

4. In the case of renovations, extensions, or other modifications, existing structures should be marked in black or gray, new constructions in red, and parts to be demolished in yellow.

5. The plans and attachments must be labeled with a number and the date of the version. These should be listed in the attachment directory.

1. The electronic building application must be submitted digitally with a signature sheet signed by hand in PDF format. Alternatively, the building application can be provided with an electronic signature according to Article 14 paragraph 2bis of the Swiss Code of Obligations of March 30, 1911, or submitted digitally after authentication with an approved electronic identity verification.

2. In the case of joint ownership, the consent required under civil law from the collective, co-owners, or condominium owners must be demonstrated.

1. Draftspersons are considered qualified professionals within the meaning of § 188 paragraph 3 PBG if they possess a relevant diploma from a Swiss university or university of applied sciences or a former Swiss higher technical educational institution, or if they are registered in the Swiss register of architects, engineers, and technicians (REG A or REG B). Holders of equivalent foreign diplomas are also considered such professionals.

2. These requirements are not applicable to architects and engineers who have been practicing their profession since at least January 1, 1990.

3. ...

4. Plans for buildings and facilities that are decided upon in the simplified building permit procedure according to § 198 PBG can be drafted by anyone.

1. The municipality must publicize building applications simultaneously in a manner customary to the locality, on the internet, and - if necessary - in another form, particularly in the official gazette of the canton.

1bis. In the official gazette of the canton, building applications must be published specifically

a. within the scope of association complaint rights,

b. for building projects outside construction zones with the exception of those under § 53 para. 2 PBV,

c. for building projects with direct inter-municipal effects.

2. The building application form, along with all plans and appendices, must be made available for inspection on the internet in a password-protected manner during the public display period. The municipality must provide the password upon individual request.

3. The notice must indicate the possibility to file objections during the display period.

1. The interested cantonal authorities and, in the case of constructions as defined in § 157 PBG, the advisory center for disability-friendly construction must be given an opportunity to comment on the building application within the set deadline, starting from the commencement of public announcement.

1. If the land use planning or building permit procedure is the lead procedure, the necessary permits and orders from all cantonal authorities are issued in one decision by

a. the Department of Construction, Environment, and Economic Affairs, if the building permit must be coordinated with permits or orders from at least one other department; in this case, the Spatial and Economic Development Office acts as the instructing authority,

b. the Spatial and Economic Development Office in all other cases.

1. The leading authority ensures, possibly in consultation with the cantonal decision-making authority, particularly for

a. appropriate information of the parties involved in the procedure,

b. a joint public disclosure of all application documents,

c. the execution of evidence-gathering measures necessary for clarifying the facts of the case,

d. the convening of coordination meetings when there is a need.

2. The cantonal leading or decision-making authority determines the collaborating cantonal authorities and sets the deadlines and form for their reports. It further aims at coordinating the content of the reports from the collaborating cantonal authorities as well as the municipal building permit with the cantonal decision, which includes all permissions and orders required for the same matter.

3. In cases of disputes over the necessity of coordinating the building permit with further permissions and orders in the same matter, the leading authority issues a procedural directive. If there is disagreement among the collaborating cantonal authorities regarding the substantive formulation of the cantonal decision, which includes all permissions and orders required for the same matter, and a reconciliation discussion remains unsuccessful, the decision is made by

a. the government council, if it is the leading authority,

b. the Department of Construction, Environment, and Economic Affairs in other cases.

4. If the building permit or any of the other permissions or orders required for the same matter cannot be granted due to an obvious legal violation, the building permit authority or the cantonal leading or decision-making authority shall decide on this in advance with a separate order.

1. The decision regarding the building application and the objections, as well as any other necessary permits and orders related to the same matter, must be delivered to the Office of Space and Economy simultaneously and jointly in digital form.

2. The municipality directs the objectors with private law objections to the civil court.

1. In simplified building permit procedures pursuant to § 198 of the PBG, 80 percent of cases in a year must be concluded with a decision within 25 working days after receipt of the building application.

2. In ordinary building permit procedures, 80 percent of cases in a year must be concluded with a decision within 40 working days after receipt of the building application.

3. In determining the processing time for individual cases, the working days required to rectify the defects in the building application and those during suspensions are not to be counted.

4. If the achievement rates specified in paragraphs 1 and 2 are not met, organizational measures must be implemented.

1. The provisions for the building permit procedure according to §§ 55 et seq. shall apply mutatis mutandis to the plan approval procedure, unless otherwise specified.

2. The application for plan approval must include the documents necessary for examination, assessment, and balancing of interests as per § 55 paragraph 2, insofar as they are relevant for the respective installation. Additionally, the following must be submitted, if required

a. the relevant land-use plan,

b. the applicable building and zoning regulations,

c. the planning report pursuant to Article 47 of the Spatial Planning Ordinance[32],

d. the necessary documents for environmental compatibility assessment,

e. the expropriation application with the required documents,

f. the concession application with the required documents.

3. The Department of Construction, Environment, and Economic Affairs shall review the documents for completeness and may request any additional documents necessary for the examination and assessment of the planned installation. It may issue corresponding guidelines.

4. Before the public disclosure of the application, the applicant must make the changes that the planned installation will effect in the terrain visible by staking them out; in the case of buildings, profiles must be erected.

5. Owners of real estate and municipalities within twice the total height of a wind power installation are considered affected in terms of § 205c paragraph 4 of the PBG.

6. The cantonal plan approval procedure must be coordinated with the federal plan approval procedure in accordance with Articles 16, 16a-16i, and 17 of the Electricity Act of June 24, 1902[33], if necessary.

1. Municipalities whose municipal territory is located within a radius of 1.5 km from a projected wind power installation are considered to be affected within the meaning of § 205g paragraph 1 PBG.

1. In the event of a cost obligation under § 212 paragraph 2 PBG, the procedural fees in first-instance building permit and design plan proceedings generally amount to a maximum of 2000 Swiss Francs per objection. They may be increased to a maximum of 5000 Swiss Francs if extraordinary circumstances, particularly complex construction projects or objections causing particularly high effort, justify this.

2. The official costs may be waived or appropriately reduced if the objection is withdrawn.

3. For the rest, § 200 of the Administrative Procedure Act of July 3, 1972, applies regarding the exemption and reduction of costs.

1. The cantonal authorities levy fees for preliminary clarifications, statements, and information concerning construction and planning matters in accordance with § 2 of the Fee Schedule and the Cost Ordinance for State Administration dated May 28, 1982.

1bis. For preliminary examinations of master plans, construction and zoning regulations, as well as development plans, a fee ranging from 1000 to 5000 francs is levied. The fees are determined based on the time spent within the given fee framework. In the case of particularly extensive preliminary examinations, the fee can be increased up to one and a half times the maximum rate. In the case of particularly minimal time expenditure, the fee is reduced.

2. For preliminary examinations of amendments to construction and zoning regulations, as well as development plans that serve the realization of specific projects predominantly in private interest, and for further tasks not concluded by decision in the area of procedure coordination and project management, the cantonal authorities levy fees based on time spent. These amount to 55 to 275 francs per hour.

1. The Office for Space and Economy bills the municipality for its fees in the coordinated building permit procedure 180 days after the delivery of the cantonal decision to the municipality, unless the municipality has concluded the procedure with a decision including the cantonal decision.

2. Upon a justified request from the municipality, the billing may be deferred.

3. The municipality charges the applicant the fees for the cantonal decision as part of the municipal decision upon the completion of the building permit procedure.

4. If the billing of fees for the cantonal decision results in a loss for the municipality due to a court judgment or the inability to collect costs, the municipality has a right to reimbursement from the Office for Space and Economy.

1. The Planning and Construction Ordinance of November 27, 2001, is repealed.

1. The following enactments are amended in accordance with Appendix[37] to this complete revision

a. Environmental Protection Ordinance of December 15, 1998[38],

b. Ordinance on the Protection of Lake Mauensee and its Shores of May 28, 1962[39],

c. Ordinance on Property Owners' Contributions to Public Works (Perimeter Ordinance) of October 16, 1969[40],

d. Road Ordinance of January 19, 1996[41],

e. Regulation on Water Supply in St. Urban of June 15, 2012[42],

f. Energy Ordinance of December 11, 1990[43],

g. Ordinance to the Act on the Hospitality Industry, the Trade with Alcoholic Beverages, and the Carnival (Hospitality Ordinance) of January 30, 1998[44].

1. Sections 8-10 Paragraph 1, 11-19, 23-26, and 42 of the Planning and Construction Ordinance dated November 27, 2001, as of October 1, 2011, shall remain in force in the individual municipalities until the provisions pursuant to Section 69 Paragraph 2 come into effect. They are listed in the appendix to this ordinance.

2. The right to implement transferred utilization as defined in Section 14 of the repealed Planning and Construction Ordinance is forfeited with the municipality-wise introduction of the development index.

3. Until the municipality-wise enactment of the new provisions pursuant to Section 69 Paragraph 2, 5 percent of the computable floor area shall not be considered in the calculation of the utilization index if

a. for new constructions

1. the target value of the Swiss Standard SN 520 380/1 (2016 edition) for heating energy needs is achieved, or

2. a Minergie certification with the additional designation P or A is obtained,

b. for conversions

1. the new construction limit value of the Swiss Standard SN 520 380/1 (2016 edition) for heating energy needs is met, or

2. a Minergie certification (renewal) is obtained.

3bis. For new and converted buildings, an additional 5 percent shall not be considered if the requirements pursuant to Paragraph 3 are met and certification according to the Swiss Sustainable Building Standard (SNBS) or a Minergie certification with the additional designation ECO is achieved.

1. The municipalities shall ensure that building applications can be submitted electronically in accordance with the provisions of §§ 55 paragraphs 1 and 5 and 56 paragraph 1 and publicly displayed according to the provisions of § 58 paragraph 2 by no later than January 1, 2024. Until then, the guidelines for submission and public display according to the previous regulations apply.

1. The Regulation shall enter into force, with the exception of the paragraphs referred to in Section 2, on January 1, 2014. It is to be published.

2. Sections 11-18 and 34-36 shall enter into force community by community through a separate resolution.