7 Public Works - Energy - Transport and Communications - 72 Constructions - 720 General Provisions - CHAPTER ONE General Provisions and Organization - Section 1: Purpose and Scope (BAUG)

1. The purpose of this law is to ensure urban and architectural quality, safety, sanitation, and accessibility, as well as the regulation of construction activities.

2. It governs the building permit procedure and ensures its coordination with the provisions of federal and cantonal law, particularly concerning land-use planning, environmental protection, water protection, forests, nature and animal protection, landscape and built heritage, energy, health and safety regulations, worker protection, and fire safety regulations.

[1] 1 All constructions and installations undertaken by humans, designed to last, that have a close connection with the ground and are capable of influencing its usage regime are subject to this law, either by significantly altering the appearance of the land, by burdening the infrastructure networks, or by affecting the environment.

2. In particular, the following are assimilated to constructions

c) mobile shelters installed for a non-negligible period at a fixed location.

3. The Council of State specifies the constructions and installations subject to this law that require a building permit as defined in Article 3a.

[2] 1 Are not subject to this law

a) constructions and installations which, under federal legislation, are not subject to the sovereignty of the canton in matters of construction;

b) roads, railways, cycle paths, pedestrian paths, public squares, and other public infrastructure installations that are provided for by a municipal alignment plan integrating all the elements of a road plan within the meaning of Article 74, paragraph 2, subparagraph d, of the Cantonal Planning Act (LCAT) of October 2, 1991 [3];

c) roads, railways, cycle paths, pedestrian paths, public squares, and other public infrastructure installations that are provided for by a cantonal alignment plan integrating all the elements of a road plan within the meaning of Article 22, paragraph 2, of the Cantonal Planning Act (LCAT) of October 2, 1991.

2. The procedure for cantonal road plans is governed by the Law on Roads and Public Ways (LRVP) of January 21, 2020 [4];

3. Constructions and installations erected within the framework of a land improvement procedure are governed by the Law on Structural Improvements in Agriculture (LASA) of November 10, 1999 [5].

[6] 1 The creation, transformation, change of purpose, and demolition of a building or installation as defined in Article 2 are subject to a building permit.

2. Municipalities may stipulate in their regulations that the choice of materials and colors for roofs and facades is subject to the same requirement.

3. Projects requiring a building permit cannot commence until the decision on the building permit and other necessary authorizations have become final; the provisions relating to provisional measures, particularly the early commencement of work, are reserved.

[7] 1 The maintenance, construction, and demolition of buildings and installations of minimal importance are not subject to the granting of a building permit unless a municipal development plan, a special plan, or a district plan stipulates otherwise; this is particularly the case for

a) constructions and installations of minimal importance that are not used for dwelling or professional activity and whose use is connected to the occupancy of the main building;

b) minor exterior arrangements, excavations, and earthworks;

c) constructions and installations put in place for a limited duration.

2. The Council of State specifies the constructions and installations exempt from a building permit.

3. Constructions and installations exempt from a building permit do not count towards the calculation of land use measures or the length of buildings, and the distances between buildings apply only in relation to adjacent parcels; moreover, they are not exempt from the obligation to comply with other applicable regulations, such as construction development perimeters, nor from the requirement to obtain other necessary authorizations.

4. If constructions or installations not subject to the granting of a building permit disturb public order, health, safety, aesthetics, or the protection of sites, nature, landscape, or the environment, the authority shall order necessary measures provided by Articles 46 and following.

5. If a construction project that may be exempt from a building permit affects or is located less than thirty meters, or any other legalized distance, from a riparian zone (lake and watercourses), forest, nature reserve, cantonal biotope, protection zone of nature or sites, natural hazard zone, road, protected natural object, historical monument, or its environment, and it affects the corresponding interest, it is subject to the granting of a building permit.

1. The Council of State defines and implements the urban planning and architectural policy of the canton. It exercises supreme oversight in matters of construction policing.

2. It designates the department and services responsible for implementing this law and its executing provisions. It appoints a cantonal architect and planner, whose tasks and competencies it defines.

3. It enacts the necessary executing provisions.

1 The department designated by the Council of State (hereinafter: the department) is responsible for the execution of federal and cantonal laws, ordinances, decrees, and regulations governing constructions.

2. It collaborates with the municipalities and other relevant services of the cantonal administration and consults interested persons and organizations as needed.

1. The municipalities carry out the tasks delegated to them by the State.

2. They act in conjunction with their public safety and fire police commissions.

3. They may establish a planning commission and appoint an advisory architect.

1. Buildings and installations must meet the requirements of quality architecture, both interior and exterior.

2. They must take into account their natural or built environment, particularly with respect to the historical, artistic, or cultural characteristics of the locality, neighborhood, or street.

[8] All constructions and installations must be designed, executed, modified, maintained, and demolished in accordance with the rules of art and the current state of technology, in order to ensure the safety of persons and property.

Considering the significance of constructions and installations, access to the public road must ensure the safety of pedestrians and traffic circulation, as well as the intervention of public services.

In buildings that contain premises open to the public, the safety of users must be ensured, particularly through the number of exits, the arrangement, dimensions, and mode of closure of doors, the number and width of stairs, as well as the nature of the materials.

Constructions and installations presenting particular hazards must be subject to civil engineering plans established by civil engineers and/or technical dossiers compiled by specialized engineers.

[9] 1 All constructions and installations must be designed, executed, modified, maintained, and demolished in a manner that prevents any danger to the health of humans and animals.

2. If necessary, the land intended for the construction or installation, or the modified, maintained, or demolished construction or installation, shall first be subject to a diagnosis and remediation.

3. The healthiness must be assessed, particularly, in relation to the built and unbuilt environment of the habitat.

[10] 1 The Council of State defines the concept of subsoil.

2. The walls and floors of basements must ensure conditions of waterproofing and thermal insulation.

Is considered habitable any room that can be used sustainably for living or working.

[11] 1 A habitable room must have a surface area of at least 10 m².

2. The ceiling height of a habitable room is determined by the State Council.

[12] 1 Habitable rooms must be illuminated by one or more openings in the facade or roof.

2. The lighting surface must represent at least one-eighth of the floor area; it may be reduced in attics and in specific cases.

3. Repealed.

[13] Article 12a of the Cantonal Land Use Planning Law (CLUPL), dated October 2, 1991, is applicable by analogy to habitable rooms that have become non-compliant with Articles 15 and 16.

Thermal and sound insulation, as well as protection against other disturbances and adequate ventilation, shall be ensured.

Kitchens, bathrooms, and toilets that do not have a front-facing window must be equipped with adequate ventilation.

The Municipal Council exercises health control in conjunction with the Public Sanitation Commission.

**Accessibility of Buildings and Facilities to Physically and Sensory Disabled Persons**

The accessibility of buildings and installations to physically and sensory disabled persons must, in principle, be ensured.

**[14] 1 New constructions and installations open to the public or intended for housing more than 4 units must be designed, executed, and maintained taking into account individuals with physical and sensory disabilities according to recognized technical standards.**

**2. The Council of State determines to what extent other constructions intended for professional activities are also subject to these requirements.**

In the case of significant modifications to existing buildings and installations mentioned in Article 21, the measures provided for in this article are applicable if the location of the building, its structure, and its internal organization allow for it without disproportionate expenses.

[15] 1 The Council of State shall establish the necessary provisions for the application of this law, particularly concerning

a) the safety, health, and accessibility of constructions;

b) the layout of enterprises that may obstruct traffic, especially industrial garages;

c) the external appearance of facilities intended for the production, capture, and storage of energy;

d) the urban planning and architectural requirements for the construction of parking spaces, as well as the maximum and minimum number of spaces that may be demanded;

e) the control of constructions, notably the building permit procedure and the time limits to be observed;

f) structures exempt from building permits;

g) structures subject to the simplified procedure and those for which prior service notification is mandatory;

h) the fees collected by the State.

2. It may also establish other construction-related police regulations of cantonal interest and the provisions that apply in the absence of the communal provisions provided for in Articles 24 and following.

Municipalities may adopt a building regulation, just as they may incorporate building policing provisions into their planning regulation.

**1. Municipal regulations may contain provisions concerning:**

a) the appearance of buildings and installations, particularly signage, antennas, display windows, posters, ensuring that they do not detract from the landscape or the character of the neighborhood, street, or building;

b) planting on public domains and private lands;

c) within the limits of Article 23, paragraph 1, letter d, measures suitable for regulating vehicle parking on private lands, in the case of new construction or significant modification and, in the absence of available private lands, the collection of a replacement tax;

d) the obligation for property owners to tolerate on their buildings, without compensation, the placement of indicator signs and the installation of devices of minor importance, supports, and conduits;

e) the development of collective playgrounds for children on private land;

f) the layout and quality of interior building architecture;

g) the rational use of energy and the use of renewable energy sources;

h) fees.

**2. Municipalities may also adopt other provisions of communal interest.**

1. Municipal construction regulations must be approved by the Council of State.

2. They are only mandatory from the publication of their approval in the Official Cantonal Gazette.

[16] 1 Any project involving construction, transformation, change of use, or demolition must be submitted to the municipality.

2. The municipality verifies whether a building permit is necessary and, if so, determines

a) whether the works are of minor importance and, if applicable, to which requirements it may waive pursuant to Articles 28 and following;

b) whether they do not adversely affect a predominant public interest such as the protection of nature, landscape, archaeological sites, natural or constructed sites, and historical monuments or private interests worthy of protection such as those of neighbors;

c) whether they do not impact infrastructure and the environment.

3. The municipality promptly submits the file to the land-use planning service if the project is located outside the building zone.

[17] 1 The municipal authority may subject minor constructions or installations designated by the Council of State to the simplified procedure.

2. It may then waive the requirement to

a) conduct a public inquiry if no derogation or special decision is necessary and with the prior written consent of the affected neighbors, subject to Article 28a, paragraph 2;

b) produce architectural plans if the project can be understood without them, and if the main usable areas and land use measures are not altered;

c) obtain preliminary opinions from State services if no derogation is necessary and if the preliminary opinion is not mandatory pursuant to Article 28a, paragraphs 2 and 3.

3. The Council of State specifies the minor importance constructions and installations eligible for the simplified procedure, noting their minimal impact on the environment and especially on neighbors.

4. The simplified procedure cannot be repeated with the aim of executing a project that should fall under the standard procedure.

[18] 1 The simplified procedure is excluded when the project affects important public interests, particularly those concerning the protection of nature, sites, and heritage, traffic safety, or local planning.

2. Constructions or installations outside the urbanization zone remain subject to the approval of the department, to the advisory opinion of State services, and to a public inquiry (Art. 62 LCAT).

3. The Council of State determines other cases for which an advisory opinion of State services is mandatory for the simplified procedure.

The Municipal Council is the competent authority for issuing the building permit.

[19] 1 When the creation, transformation, change of purpose, or demolition of a structure or installation requires decisions from multiple authorities, sufficient coordination is ensured by the service designated by the State Council or by the municipalities that have adequate control means.

2. For projects likely to significantly affect the environment, coordination is ensured within the framework of an environmental impact study.

3. For projects located outside of the building zone, coordination is always ensured by the service designated by the State Council.

4. For industrial or commercial projects, coordination can be ensured by a platform for businesses intended to expedite the procedure.

[20] 1 Before granting the building permit, the Municipal Council seeks the advisory opinion of the relevant State services.

2. With the exception of projects located outside the building zone, the Council of State exempts municipalities that have sufficient means of control from this obligation.

[21] 1 The time limits set by the Council of State must be observed.

2. If a time limit established by the Council of State cannot be met by an authority, a service, or any other participant in the procedure, it is their responsibility to request an extension of time, which cannot exceed the originally set time limit.

3. In the absence of a response or a request for an extension within the initially allotted time, the authority or service required to consider the expected response may assume that the belated party waives the right to express themselves and that their notice is favorable, if circumstances allow and if the project does not require special decisions.

4. If the Municipal Council fails to make a decision within the time limits set by the Council of State, and after being formally requested to act within a 30-day period, the department is authorized to decide in its place.

1. Plans for any construction or installation subject to a building permit must be prepared and signed by an authorized person as defined by law on the register.

2. They must be accompanied by the necessary technical information.

3. For significant constructions or works, the municipal authority may also require that the management of the works be carried out by a specialist as described in paragraph 1.

[22] 1. Throughout the canton, the management and processing of building permit applications are carried out using a unified information system made available by the State.

2. The authority, entity, or company authorized to use or consult this information system is empowered to process all personal data, including sensitive personal data, necessary for the management of building permits.

3. The developments and processes of using the computer system are managed by the service designated by the Council of State.

4. The service designated by the Council of State is the custodian of the file, in the sense of the Data Protection Law (DPL), of September 30, 2008 [23], for the data entered into the information system.

5. The data collected by the computer system may be processed for research, planning, and statistical purposes, subject to compliance with personal data protection regulations.

[24] 1. The applicant must mandatorily submit their building permit application electronically and digitize the plans and appendices.

2. All municipalities and cantonal services are obliged to process building permit applications through the building permit information and management system.

3. The electronic building permit application form may include mandatory fields intended to provide statistical indicators related to constructions; applicants, municipalities, and cantonal services are required to complete them.

4. The State Council determines the conditions under which the municipality and the service it designates can

a) exceptionally and against a fee, perform the entry and digitization of the building permit application in place of the applicant;

b) require the submission of a sufficient number of paper files.

5. The State Council sets the effective date of the preceding paragraphs based on the development and progress of the building permit management software.

[25] The Council of State defines the conditions for consultation and use of the information system and data storage in a regulation.

[26] 1 Any construction or installation project must undergo a public inquiry to allow interested parties to file objections.

2. The objection procedure is free of charge. However, the Municipal Council may charge the costs of the procedure to the objector who acted recklessly or frivolously, or who used methods in bad faith.

3. The objection period is 30 days from the publication in the Official Gazette.

4. For any building permit application published in the Official Gazette between July 7 and July 25, the objection period expires on August 25.

5. The period is not suspended during the judicial holidays as provided in Article 145 of the Code of Civil Procedure (CPC), dated December 19, 2008 [27]; furthermore, the Administrative Procedure Act (LPA), dated March 18, 2025 [28], and its implementing provisions apply by analogy.

6. An abusive objection may give rise to damages under the conditions provided by Articles 41 et seq. of the Code of Obligations [29].

7. Notices of public inquiries published in the Official Gazette and electronic files are available for free access on the computer system during the objection period.

[30] 1 Any alterations to the project occurring during the procedure or after obtaining the building permit are subject to an additional public inquiry and opposition procedure.

2. Oppositions are only admissible insofar as they pertain to the modifications presented in the additional public inquiry.

[31] 1 During the public inquiry period, the outer boundaries of the proposed constructions and installations must be marked by setting up template poles or any other suitable means.

2 The Municipal Council may waive this requirement when it is clearly unnecessary, particularly if the neighbors agree.

3 The template poles must remain in place until the Municipal Council decides on their retention.

4 The Municipal Council and the appeal authority may order the placement or maintenance of the template poles during the opposition or appeal procedure.

[32] 1 The building permit or final sanction may be preceded by the preliminary sanction, which definitively resolves issues of mass, location, purpose, and access, on one hand, and special authorizations or exemptions that may be granted at this stage, on the other hand.

2. In the event of a two-stage sanction, the public inquiry is conducted at the time of the request for preliminary sanction.

3. A new public inquiry at the time of the request for final sanction only occurs if new elements that could affect the interests of third parties arise.

4. Cantonal zoning plans, special plans, and neighborhood or subdivision plans may serve as preliminary or final sanctions when they define the project with the precision of such a sanction.

[33] 1 The building permit becomes invalid if the execution of the project has not commenced within two years from the date it comes into effect or if it is interrupted for more than one year.

2. A project is considered to have commenced as soon as works, a change of use, or other measures outlined in the approved plans are executed, which on their own would require a building permit.

3. Exterior arrangements must be completed within one year from the end of the construction or installation works and in accordance with the approved plans.

4. The preliminary approval also becomes invalid if no application for final approval is submitted within two years of its coming into effect.

5. The validity of the building permit and the preliminary approval can be extended by up to two years for justifiable reasons and after consultation with the canton.

6. The building permit and the preliminary approval are personal; the Municipal Council may authorize a change of holder.

[34]

[35]

Article 40 [36] 1 Exceptions to the development plan, this law, or the municipal construction regulations may be granted by the competent authority if the following three cumulative conditions are met

a) they are justified by particular circumstances;

b) they do not harm an important public interest, notably the historical, aesthetic, or picturesque aspect of a locality, neighborhood, street, or building, or the protection of the environment, nature, or landscape;

c) they do not cause serious prejudice to neighbors.

2. Exceptions are granted by the department that issues special decisions, subject to the cases provided for in the following paragraph.

3. Municipalities with sufficient control measures are competent to grant exceptions concerning provisions regarding the following themes

a) architectural and aesthetic prescriptions within the meaning of Article 7 of the law;

b) the safety and healthiness of constructions within the meaning of Articles 8 and subsequent articles of the law;

c) the length and depth of buildings.

4. The Council of State determines the form and content of the application as well as the requirements related to public inquiry.

The project owner has the obligation to inform the municipality and the state services of the completion of the works subject to a building permit.

[37] 1 Within one month from the notice of completion of the works, the municipality shall verify the conformity of the structure with the approved plans and the building permit.

2. The departments and services of the cantonal administration shall do the same for the structure that has been subject to one or more special cantonal law authorizations.

**[38] When the construction or installation does not comply with the aforementioned requirements, the municipality, the competent departments, or the cantonal administration services concerning cantonal law authorizations (hereinafter: the competent authorities) shall order the necessary and appropriate measures in accordance with Articles 46 to 49.**

Permissions to operate provided by federal and cantonal law, notably the authorization to operate an industrial enterprise, are reserved.

[39]

[40] 1 When a construction or installation does not comply with the provisions of this law or with the permissions granted, the municipality may order, in particular, the following measures

a) suspension of work;

b) prohibition of using installations or their decommissioning;

c) prohibition of occupying, using, or operating all or part of a building or premises;

d) evacuation of all or part of a building or premises;

e) repairs, transformations, improvements, and maintenance deemed necessary;

f) restoration, removal, or demolition.

2. Before deciding on such measures, the competent authorities may order an expert assessment and may require the owner to bear the costs, in whole or in part.

3. If the property is mortgaged, the competent authorities shall invite the mortgage creditors to take, within the same time frame as the owner, the measures imposed on the owner pursuant to paragraph 1 of this article.

4. The competent authorities shall inform the ECAP of their decision and the deadline given to the owner or the mortgage creditors to remedy the identified defects.

[41] The measures mentioned in Articles 46 and following fall under the jurisdiction of the department for constructions or installations located outside the urbanization zone.

For reasons of safety or aesthetics, the Municipal Council may order the demolition of buildings or installations damaged by accident, such as fire or explosion, or by the effects of natural forces.

[42] 1 In cases of emergency or if it seems necessary to ensure the safety of individuals and property, the competent authorities may take provisional measures without prior hearing and without delay in execution.

2. In this case, an objection can be filed within ten days from the notification of the decision.

3. The objection does not suspend the execution of the measures taken.

[43] After the expiration of the period set in the decision or, in the case of an appeal, when the latter becomes final, a new inspection shall take place for the purpose of verifying the execution of the measures ordered.

2. Repealed.

[44] In the event of non-performance, the Municipal Council shall notify the ECAP, which may partially or completely suspend the building's insurance for as long as the measures ordered have not been carried out by the owner or by the mortgage creditors to the satisfaction of the authority.

[45] 1 The Municipal Council may enforce decisions that have come into effect at the owner's expense if the latter or the mortgage creditors do not comply within the time period allotted to them.

2. This enforcement does not release the owner from the civil or criminal consequences of their noncompliance.

3. The enforcement costs are subject to a decision.

[46] 1 The costs of execution by substitution may be secured by a legal mortgage entered in the land register in accordance with Article 836 of the Swiss Civil Code [47] and Article 99 of the Law concerning the Introduction of the Swiss Civil Code (LI-CC), dated March 22, 1910 [48].

2. Upon request by the municipality, canton, or mortgage creditors, the registration of the legal mortgage takes place upon presentation of the decision on the costs of execution by substitution and an invoice endorsed by the decision-making authority.

3. It makes the secured claim productive with interest at five percent per annum.

[49] In the order of their registrations, mortgage creditors may require the municipality or the canton to assign its privileged claim upon payment of the principal, interest, and accessories.

If the Municipal Council fails to take the measures required by the circumstances (Art. 46 to 49) and after being duly notified to act, the department is authorized to take them in its place.

[50] 1 Decisions made by the municipalities and the competent authorities responsible for issuing special decisions under this law may be appealed to the Council of State, and then to the Cantonal Court, in accordance with the Law on Administrative Procedure (LAP) of June 27, 1979 [51].

2. When the decision has been made following a public inquiry, third parties are only permitted to appeal if they have filed an objection during the inquiry period.

[52] 1 The appeal with suspensive effect.

2. However, it is devoid of such effect if the contested decision provides for it or if the appellate authority decides, ex officio or upon request, under the conditions set forth in Article 112, paragraph 2, of the LPA, dated March 18, 2025, or due to an overriding private interest.

1 The Council of State may grant the municipality the right to expropriate, for reasons of public utility, buildings whose demolition is justified for reasons of urban planning, safety, or health.

2. The procedure provided by the law on expropriation for reasons of public utility (LEXUP), of January 26, 1987 [53], is applicable.

[54] 1 Offenses against the present law and its implementing provisions are punishable by a fine of up to 40,000 francs.

2. Attempt and complicity are punishable.

3. Architects, engineers, contractors, and site managers involved in constructions that violate the provisions of the present law and its implementing provisions are liable, like the owners themselves, to the penalty provided in paragraph 1.

1. When an offense is committed in the management of a legal entity, a commercial company, or a sole proprietorship, the criminal provisions apply to the natural person who acted or should have acted on its behalf.

2. The legal entity, company, or business owner is jointly liable for the fine and costs, unless they prove that they have taken all necessary measures to ensure management in compliance with current legal and regulatory provisions.

3. The criminal judgment determines the extent of this liability.

1. Any decision made by a cantonal penal authority under this law or its implementing provisions must be communicated to the competent department, as well as to the Municipal Council of the location of the property.

2. If the cantonal administration or the Municipal Council requests it, the file must be submitted to them.

Applications for building permits pending at the time this law enters into force shall be processed according to the new law, if they have not yet been submitted for public inquiry.

[55]

The following are repealed, effective upon the entry into force of the present law

a) the Construction Law of February 12, 1957 [56];

b) Article 31, letter a, of the Administrative Procedure and Jurisdiction Law (LPJA), of June 27, 1979 [57];

c) Article 61 of the Cantonal Land Use Planning Law (LCAT), of October 2, 1991 [58].

[59]

[60]

This law is subject to an optional referendum.

1 The Council of State shall, if necessary, provide for the promulgation and execution of this law.

2. It shall set the date on which it shall enter into force.

Law promulgated by the Council of State on October 16, 1996.

The entry into force is set with effect from January 1, 1997.

Transitional provision to the amendment of November 6, 2012 [62]

1. Building regulations shall be adapted to the new law within five years from the entry into force of the amendment of November 6, 2012.

2. The Council of State may grant an extension to municipalities that request it in writing and justify special circumstances; the duration of the extension shall be determined by the Council of State.

3. Articles 3b, paragraph 3 and 28, paragraph 2, letter b, of the Building Law, dated March 25, 1996, reproduced below in their wording from the day preceding the date of entry into force of the law adapting cantonal legislation to the intercantonal agreement harmonizing terminology in the field of construction (AIHC)) shall remain applicable until the entry into force of the adaptation of cantonal and municipal zoning plans.