Planning and Building Act (PBG) - 1. Purpose (GO)

1. The law aims for an appropriate, economical use of land and an orderly settlement of the cantonal area. It ensures the preservation of cultural land and a sustainable development of the canton, the regions, and localities.

2. It regulates the execution and maintenance of constructions as uniformly and clearly as possible and ensures, in particular, that the constructions, in terms of health and safety, meet the respective social, technical, and ecological requirements and guarantee a high quality of settlement.

3. It protects localities, landscapes, and cultural monuments from impairments and ensures the protection of the foundations of nature and life.

1. The law regulates

a) spatial planning;

b) land consolidation;

c) development and development contributions and fees;

d) nature and heritage protection;

e) public building regulations.

1. The canton, municipalities, and regional planning organizations collaborate in the application of the law.

2. They inform the public at an early stage about the objectives and procedures of the planning under this law and ensure that the public can participate in an appropriate manner.

3. The plans under this law are public.

1. The authorities shall safeguard the legitimate public and private interests in the best possible manner and balance them against each other.

2. If several equivalent measures are available, the solution that is the least burdensome for those affected as a whole shall be chosen.

1. Legal protection is governed, unless otherwise determined, by the laws concerning legal protection in administrative matters and court organization.

2. Appeals against orders and decisions of the Government Council relating to land use plans and other plans binding on property owners, expropriations, public law property restrictions, and the use of public property, may be lodged with the Administrative Court.

1. In proceedings conducted pursuant to this Act, access to official documents is governed solely by the Act on Legal Protection in Administrative Matters.

1. The Government Council elects a Spatial Planning Commission, which forms committees from among its members.

2. The Commission and the committees advise the Government Council and the competent department in the application of the law. They may submit proposals and suggestions on their own initiative.

1. The canton, the municipalities, and the regional planning organizations commit themselves to spatial planning in accordance with this law.

2. They take it into account in legislative and administrative activities and when granting contributions.

1. Spatial Planning is carried out in the following stages

a) Local Planning (§§ 9 ff.);

b) Regional Planning (§§ 49 ff.);

c) Cantonal Planning (§§ 57 ff.).

1. The appropriate compensation for significant advantages and disadvantages arising from plans under this law is governed by a specific law.

1. To the extent that the canton, municipalities, and regional planning organizations assign planning contracts to third parties, qualified experts must be consulted. Any subsidies shall be conditional upon the fulfillment of this requirement.

1. The local planning is the responsibility of the municipality.

2. It consists of the enactment of zoning plans (§§ 14 et seq.) and the corresponding regulations and is based on a spatial planning report. The planning authority is the municipal council.

3. The municipality provides its population with the opportunity to express their views on the basic principles of the desired spatial order of the municipality (conceptual framework).

4. The local planning must adhere to the cantonal and regional plans and, within the framework of §§ 1 and 4, in particular consider

a) the conceptual framework of the municipality adopted by the municipal assembly or the municipal parliament;

b) the cantonal and regional interests;

c) an effective coordination with the planning of neighboring municipalities.

1. The municipality is obligated to conduct the local planning in a conducive manner. If the circumstances have significantly changed, the land-use plans must be reviewed and adjusted if necessary. The mandate to review the local planning can be issued by the municipal assembly or the municipal parliament.

2. The municipality shall review the local planning generally every 10 years and amend it if necessary.

1. The Government Council may, after consulting the municipal community

a) set appropriate deadlines for it for the issuance and amendment of zoning plans;

b) if necessary, establish planning zones (§§ 23 and 71) or provisionally delimit the settlement area and building zone until the new or amended zoning plans come into effect.

1. If a municipality fails to fulfill an obligation under § 11 letter a, despite the setting of an extension period, the Government Council may issue or amend usage plans.

2. In this case, the Department of Construction and Justice conducts the publication and objection procedure pursuant to § 69.

3. The costs of the substituted performance shall be borne by the municipality.

1. The municipality issues the following types of land-use plans

a) Zoning plan (§§ 24 et seq.);

b) Development plans (§§ 39 et seq).

2. It may also issue design plans (§§ 44 et seq).

3. A land-use plan may contain elements of several types of plans as specified in paragraphs 1 and 2.

1. Usage plans must be publicly displayed by the municipal council for 30 days after being preliminarily examined by the competent authority. The display must be published.

2. From the beginning of the plan display period, building permits may only be granted by the building authority in the first instance for construction projects that also conform to the new plan.

3. ...

1. During the public inspection period, anyone particularly affected by the utilization plan and having a legitimate interest in its content may file an objection with the municipal council.

2. Regional planning organizations and cantonal associations that, according to their statutes, are primarily dedicated to nature and heritage protection or urban and landscape design, are entitled to file objections, provided they were established at least ten years before the objection is raised. The government council designates the organizations entitled to file objections.

3. The municipal council decides on the objections and resolves on the plan.

1. Appeals against decisions of the Municipal Council can be filed with the Government Council within 10 days.

2. ...

1. The usage plans must be approved by the Government Council.

2. The Government Council decides on appeals, reviews the plans for legality and appropriateness, and ensures their conformity with higher-level planning. Plans that are unlawful or evidently inappropriate, as well as plans that contradict higher-level planning, shall be returned to the municipality.

3. The Government Council may decide on any changes itself if their content is clearly determinable and the changes serve to rectify obvious deficiencies or planning errors.

1. If objections or complaints result in changes during their resolution, or during review by the government council, the affected parties must be given the opportunity to raise objections before a decision is made, unless they consent in writing.

2. ...

1. The government council shall consult the municipal council if it intends to deviate from the municipality's decision ex officio. In such a case, it shall obtain the opinion of the spatial planning commission.

1. The usage plans come into effect upon the publication of the approval decision in the Official Gazette.

2. ...

1. The land use plans contain binding regulations for everyone regarding the permissible use of the land.

1. The municipal council may designate planning zones for specifically defined areas prior to the enactment or during the amendment of utilization plans, where no structural changes or other measures may be made that contradict the ongoing planning.

2. Planning zones may be restricted to the determination of building lines along planned access routes or other public facilities (project planning zones).

3. The municipal council must make the designation of the planning zones publicly available for inspection for 30 days. During the inspection period, an objection can be filed with the municipal council. An appeal against the objection decision can be lodged with the government council within 10 days.

4. The planning zones may be established for 3 years, or in exceptional cases for a maximum of 5 years.

5. The planning zones become effective upon the publication of the inspection. They may be accessed by anyone.

1. The zoning plan determines the type and extent of permissible land use.

2. It primarily distinguishes between building, agricultural, and protection zones. It may also include additional use zones as per this law, such as supply and disposal zones (notably for gravel extraction and landfills).

3. The municipality consolidates the use and protection zones outside of the building zone into a comprehensive plan.

1. The building zone comprises land that is suitable for construction and is largely developed, or is expected to be needed and developed for orderly settlement within 15 years.

2. When determining the building zone, the planning principles of the federal government and the cantonal master plan must be taken into consideration. Within this framework, the zoning plan is based on the existing settlement and infrastructure and the anticipated population development. It takes into account the desired structural and settlement policy development of the locality and ensures the economical use of the available land and a high quality of settlement.

3. The use zones (§ 29) and the development (§ 28) must be coordinated with each other.

1. The municipal council may condition the allocation of land to the building zone, in accordance with § 4, on the contractual assurance of the owner to develop the land within 5 to 10 years.

2. The contract regulates the timeline and may stipulate that if the building obligation is not met, the land will be considered as de-zoned by a declaratory decision of the municipal council.

3. The building obligation shall be noted in the land register as a public-law restriction on property ownership.

4. The contract shall become void if the land is sold to the municipality.

1. Land that is considered for future development for settlement policy reasons can be designated as a reserve zone.

2. The anticipated use pursuant to §§ 29-34 can already be determined in the reserve zone.

3. ...

4. The allocation of land from the reserve zone to the construction zone occurs through the regular land use planning procedure (§§ 15 ff).

1. Land is considered developed if there are sufficient access roads, water, energy, and sewage lines extended to the property or its immediate vicinity, and connection is permissible and possible without special effort.

2. For larger residential settlements and buildings and facilities in accordance with § 46 paragraph 1 letter c), accessibility by public transportation must also be ensured.

3. For buildings and facilities with significant goods traffic, rail connections must be prescribed, insofar as this is technically feasible and reasonable.

1. The building zone may be specifically divided into the following zones

a) Residential zones;

b) Core zones;

c) Work zones, service, commercial, and industrial zones;

d) Zones for public buildings and facilities.

2. The individual zones can be further subdivided, particularly according to the type of use, permissible emissions, permissible traffic volume, or building regulations criteria. Both maximum and minimum usage figures, number of floors, or facade heights can be established.

1. In the residential zones, non-disruptive commercial and service enterprises are permitted alongside residential buildings, provided they are adapted to the construction style of the zone.

2. ...

1. Core zones include parts of a locality which already exist as centers (central zones) or are intended to be newly established as such.

2. Public buildings, commercial and residential buildings, and - depending on the typology of the zone - non-disruptive or moderately disruptive commercial and service enterprises are permitted.

3. Special regulations may be enacted, particularly for the preservation of culturally or historically valuable building structures and to ensure an appropriate mix of uses.

1. In the work zones, service, commercial, and industrial enterprises that are not or only moderately disruptive are permitted.

2. Residential units are permissible within a proportion determined by the municipality, provided that the residential use is compatible with use as a work zone.

1. In service zones, non-disruptive service establishments, shops, and residences are permitted. The proportion of residential floor space may not exceed a share of the permissible gross floor area, which is to be determined by the municipality, relative to the creditable land area.

1. In commercial zones, moderately disruptive businesses are permitted. A maximum proportion of the allowable gross floor area—based on the reckoned plot area—set by the municipality, may be used for residential purposes.

2. Municipalities may also designate pure commercial zones where, in addition to business establishments, only essential operational residences are permitted.

1. In industrial zones, industrial enterprises and necessary staff housing are permitted.

1. In zones designated for public buildings and facilities, only structures serving public and public purposes may be constructed.

2. The area should be acquired amicably or through expropriation by the community for which it is intended. Otherwise, the owner can demand, after a period of 5 years set by him, that his property be allocated to another zone. In such a case of change in the zoning plan, appropriate compensation must be provided for the area that is removed.

3. In the zoning plan, zones for public buildings and facilities may be subjected to the obligation of transfer in accordance with § 42. In this case, § 41 shall apply mutatis mutandis, subject to the provisions regarding material expropriation.

1. Hamlet zones encompass the largely built-up area of clustered buildings in small settlements inhabited year-round, which do not show significant development. They must be delineated in the cantonal master plan.

2. Constructions and facilities are permissible with the approval of the building authority (§ 135 paragraph 1) if they integrate into the existing settlement and do not displace existing agricultural operations, and either

a) are inhabited year-round by individuals who have a close connection to the hamlet, or

b) serve agricultural purposes, or

c) are necessary for the supply of the small settlement.

3. The municipality may also designate agricultural core zones with the legal effects of a hamlet zone.

1. Existing buildings and facilities within the construction zone that do not conform to zoning regulations may be renovated and partially altered, provided that there are no overriding interests against such actions, particularly ensuring that emissions affecting the neighborhood do not increase.

1. Overbuilding in the development zone extinguishes rights of way for foot and bicycle paths.

2. At the boundary of the development zone adjacent to agriculturally used land, the right of way for footpaths remains in effect to the existing extent.

1. Municipalities shall specifically designate the following areas as protection zones

a) Localities, historical sites, as well as natural and cultural monuments, along with their surroundings;

b) Areas of special beauty and uniqueness;

c) Water protection areas;

d) Areas known to be at risk from natural hazards;

e) Natural habitats for native animals and plants.

2. Areas reserved for open spaces may also be designated as protection zones. They organize larger settlement areas and separate residential and industrial areas, neighborhoods, and localities.

1. The expropriation rights and property restrictions associated with the protection zones must be specified, insofar as they do not derive from cantonal and federal legislation.

1. Agricultural Zone

a) The agricultural zone encompasses land that is suitable for agricultural use or productive horticulture and is required for fulfilling the various purposes of agriculture; or

b) It should be used agriculturally in the overall interest, especially for the protection of nature and landscape, as a recreational space, and for the long-term security of the country's food supply; or

c) It is located in a predominantly built-up area but should be permanently preserved as the basis of an agricultural operation.

2. Within the agricultural zone, crop rotation areas must be designated according to the guidelines of the structure plan and federal law.

3. Municipalities may, in case of identified need, designate special agricultural zones within the framework of a development plan and based on the cantonal structure plan. In this area, buildings and facilities are also permitted that exceed internal expansion and serve soil-independent production of marketable products from animal husbandry and plant cultivation. In the development plan, any compensatory and replacement measures must be specified in accordance with the Federal Act on the Protection of Nature and Cultural Heritage.

1. The comprehensive plans pursuant to Section 24, Paragraph 3 define as a forest area the entire forest land that is described and protected by federal and cantonal legislation.

2. The permissible use is determined by federal and cantonal forestry legislation.

1. Formerly agricultural residential buildings that have retained their structure may be repurposed, renovated, and altered as residential buildings. The expansion of the living area within the existing volume of the residential house and its attached economic section is allowed, provided that federal law permits it. Exceptions are cases where the non-compliance with zoning regulations has resulted from a change in the law or a utilization plan.

2. The change of purpose of protected buildings (§ 122) is permissible under the conditions of federal law, provided that their permanent preservation cannot be secured otherwise.

1. **Structural Measures Outside the Building Zone**

Structural measures outside the building zone require approval by the Department of Construction and Justice. This department decides on compliance with zoning regulations, exceptional permit grants, and any related objections following the standard building publication and after obtaining the opinion of the building authority.

2. **Ensuring the Purpose of an Approved Structure or Facility**

To ensure the intended purpose of an approved structure or facility, conditions and requirements may be attached to the approval and noted in the land register as public-law property restrictions. In particular, the fragmentation of properties or the establishment of an independent and permanent building right may be prohibited. Furthermore, § 299 of the Introductory Act to the Swiss Civil Code (EG ZGB) applies to the notation.

1. The municipalities shall, as necessary, develop concepts for the design of development areas.

2. They shall arrange the development of building zones based on the development concepts and in accordance with the zoning plan through plans and regulations concerning transportation facilities and footpaths, water and energy supply, any facilities for district heating, community antennas, as well as wastewater disposal and waste management.

3. In particular, they may determine therein

a) Building lines;

b) The area and, if necessary, the elevation of transportation facilities and associated green spaces;

c) Supply and water protection facilities;

d) Classification into major and minor access facilities;

e) Principles for traffic regulation, insofar as they are significant for the development plans;

f) Regulations concerning the choice of energy carriers;

g)* Framework conditions for private development;

h)* Ecological compensation and replacement measures.

4. If the development plan also serves as the building permit, this must be stated in the publication (§ 15 paragraph 1) and in the approval decision (§ 18 paragraph 1).

1. Building lines denote the minimum distance of constructions from public transportation facilities, bodies of water, above-ground and underground utilities, forests, hedges, as well as building zone boundaries. They can also secure adequate building distances.

2. In addition to building lines, the development plan may include preliminary building lines. Constructions that lie in front of the building line but behind the preliminary building line can be converted and expanded without forfeiting additional value.

3. Rear building lines determine the rear areas to be kept clear of constructions.

4. Design building lines determine the location and contours of the constructions (§ 44 Para. 2).

5. Special building lines can be established for constructions below ground and for above-ground components, such as individual floors and arcades, as well as for garages.

6. Relative building lines limit the areas along transportation facilities where constructions and structural installations may only be erected if people and property are sufficiently protected against the harmful effects of the transportation facilities.

1. Land designated in development plans for public buildings or located within the building line may no longer be developed. The building regulations may provide for exceptions.

2. This prohibition does not generally entitle the property owner to a claim for material expropriation. However, after 10 years from the date of the plan's enactment, if the owner can demonstrate a loss, they may request that the public community either acquires the land subject to the building prohibition or releases it through the annulment or amendment of the development plan. In cases of dispute over the obligation to acquire the land, the Cantonal Estimation Commission shall decide.

1. Property owners are required to transfer the land designated in the development plans for public facilities, public waters (§ 68), or ecological compensation and replacement measures to the community, against full compensation, and to tolerate the construction of the planned public lines and facilities.

2. In the event of disputes regarding the obligation to transfer and tolerate, the government council shall decide. After hearing the parties involved, it may approve minor changes without a new plan submission.

1. If the parties cannot reach an agreement, the compensation shall be determined through the expropriation appraisal procedure.

2. In the appraisal procedure, the Cantonal Appraisal Commission rules in the first instance and the Administrative Court in the second instance.

1. The development plans aim for an architecturally and hygienically sound development, design, and access of contiguous areas, adapted to the structural and landscape surroundings; they are intended, in particular, to protect against harmful impacts.

2. They may determine the location, external dimensions, number of stories, the mix of usage, and other construction details of the buildings and facilities to be constructed within the planning area. In this case, profiles must be set up when the plan is submitted.

3. The development plans may also regulate the creation and use of private access facilities and other installations of common interest; § 43 is to be applied accordingly.

4. The development plans must be oriented towards the fundamental use of the zoning plan.

1. The design plans may be combined with special construction regulations.

2. The design plans and the special construction regulations may deviate from the general building police regulations.

1. A development plan is necessary in any case for

a) Buildings with 7 or more stories or more than 20 meters in height;

b) Buildings and structural facilities for which an environmental impact assessment is required. Exceptions to this are: roads, comprehensive land improvements, and facilities for the zone-appropriate keeping of agricultural livestock, as well as - in individual cases - technical facilities whose creation or modification has no spatial impact;

c) Traffic-intensive facilities according to the cantonal master plan.

2. In a zoning plan or in usage regulations, a development plan can be prescribed for certain areas or certain uses.

3. Where a development plan is necessary for a construction project, the same appeal possibilities exist against the refusal or rejection of the plan as against the enactment of the plan. If the municipal council refuses to present the plan, the substitute action is governed by § 12. If the development plan has been presented by the municipal council but subsequently not decided upon, the government council can decide on it itself if the appeal is upheld.

1. The design plan can be revoked by the municipal council after consultation with the affected landowners if substantial implementation of the design plan has not commenced within 5 years of its entry into force. The revocation decision requires approval by the government council and is subject to appeal (§ 17).

2. For the land affected by the revoked design plan, the original usage regulations of the zoning plan shall apply again. If this is lacking, it must be determined in the ordinary procedure (§§ 15 ff.).

1. Regional Planning develops, for geographically and economically interconnected areas, the foundations for the cantonal structure plan, according to § 59, for the supra-municipal spatial planning of the involved municipalities in accordance with federal law. In doing so, it ensures the coordination of settlement and traffic planning in agglomerations and the municipal zones for traffic-intensive installations within a region. Studies on other issues of regional significance may be conducted.

2. Furthermore, regional planning may pertain to joint measures and facilities of regional significance, such as regional traffic facilities, preservation and design of recreational and conservation areas of regional importance, the settlement of industry and trade, the creation, acquisition, maintenance, and operation of regional homes, means of transportation, cultural and sports facilities, systems for water and energy supply, wastewater disposal and waste management, as well as landfills.

1. The municipalities of a region within the meaning of § 49 may form private law associations for the purpose of supra-local spatial planning. As far as they implement measures and facilities pursuant to § 49 paragraph 2, they may organize themselves as special-purpose associations within the meaning of the Municipal Act.

1. The Government Council may authorize inter-cantonal regional planning organizations. Their statutes may deviate from cantonal law to the extent necessary for coordination with other cantons.

2. The Government Council may similarly conclude inter-cantonal agreements regarding the cooperation of neighboring regions.

3. In international relations, this provision is applicable analogously.

1. The statutes of private legal organizations that undertake regional planning tasks must be approved by the government council.

1. Duties of Cantonal Planning are

a) Basic research;

b) Development of planning guidelines and principles;

c) Issuance and controlling of the cantonal structural plan;

d) Issuance of cantonal land use plans (§§ 68-70);

e) Cooperation with the Confederation and neighboring cantons;

f) Promotion and coordination of regional and local planning.

2. These tasks are handled by the Department and the competent offices subordinate to it.

3. Decisions are made by the government council, unless otherwise specified.

1. The cantonal structure plan establishes, according to the provisions of federal law and based on the fundamentals of regional planning, in particular the future settlement and utilization of the canton in broad outlines as well as projects with significant impacts on space and environment.

2. ...

3. The structure plan sets the criteria for the designation of special agricultural zones according to § 37bis paragraph 3.

1. Foundations for the Cantonal Master Plan must be based on surveys conducted on

a) settlement and landscape (settlement areas, agricultural areas, forested areas, protected areas with regard to ecology, recreational areas);

b) transportation (transportation facilities, such as roads, hiking trails, railways, airfields, major parking facilities, and public transport enterprises);

c) supply and waste management (water and energy supply, raw material supply, wastewater disposal, and waste management);

d) public buildings and facilities of cantonal and regional significance.

1. Based on cantonal and regional foundations and federal planning frameworks, the Department of Construction and Justice drafts the cantonal structural plan according to principles determined by the government council and the provisions of federal law. The government council submits the draft of the structural plan to the cantonal council for acknowledgment.

2. Based on the deliberations in the cantonal council and after consulting the interested local municipalities and regional planning organizations, the draft of the structural plan is to be revised and made available for public inspection for 30 days. During the public inspection period, anyone may comment on the draft. The department must respond to the objections.

3. The local municipalities and regional planning organizations that have raised objections may file a complaint with the government council against a negative decision within 10 days.

1. The Government Council adopts the master plan and simultaneously decides on the appeals according to § 64.

2. The rejected municipal communities and regional planning organizations can appeal the decision of the Government Council to the Cantonal Council within 30 days.

1. The Structure Plan informs the public about the fundamental principles of spatial planning and is available for inspection at any time. It serves to coordinate all authorities and private organizations entrusted with tasks related to spatial planning.

2. The Structure Plan is binding for authorities, as well as for organizations involved in spatial planning.

1. The master plan must be regularly reviewed and, if necessary, adjusted to accommodate new tasks and better solutions.

2. It is generally to be comprehensively reviewed every ten years and revised if necessary.

1. The Government Council may specify in cantonal usage plans

a) Industrial zones and zones for public buildings and facilities of cantonal and regional importance;

b) Agricultural, protection, and recreational zones of cantonal and regional importance;

c) Cantonal roads and other transportation facilities of cantonal and regional importance, as well as hiking trails;

d) Supply, disposal, and water protection facilities of cantonal or regional importance;

e) Public waters;

f) Access and development conditions for the installations mentioned in letters a-e;

g) Gravel extraction areas, quarries, and landfills. To ensure orderly extraction and secure suitable landfills, such areas may be subject to the obligation of assignment according to § 42.

1. The provisions regarding land use plans of the municipalities (§§ 15-21) apply to the procedure with the following particularities

a) the Department of Construction and Justice shall display the plans after consulting the interested municipalities in the communities and at the department;

b) the publication must be made in the official gazette and in a customary local manner;

c) objections must be submitted to the Department of Construction and Justice;

d) the government council shall decide on objections and the approval of the plan.

1. Cantonal zoning plans have the same legal effects as the zoning plans of the municipal communities.

2. They take precedence over the zoning plans of the municipal communities.

**1. The Department of Construction and Justice may establish planning zones as defined in § 23 until the issuance or during the amendment of cantonal or regional structure and land use plans.**

**2. An objection can be filed with the Department of Construction and Justice within 30 days from the publication. Objections that cannot be amicably resolved are decided by the Government Council.**

**3. In the planning zones established by the Department of Construction and Justice, structural installations require the approval of the Department of Construction and Justice, unless another cantonal authority is responsible.**

1. Municipalities that gain significant advantages from cantonal structure and zoning plans shall provide contributions to municipalities that are significantly disadvantaged by such plans.

2. In the event of disputes, the administrative court shall decide.

1. Expropriation in the Formal and Material Sense is governed, unless federal law and this law provide otherwise, by the provisions of the Act on the Introduction of the Swiss Civil Code.

1. The costs of local planning are borne by the municipal communities.

2. The canton may grant contributions to local planning projects that, particularly due to their complexity or pilot nature, are of cantonal interest.

3. The municipal council may distribute the costs of development and design plans among the interested property owners. If the municipal community itself has a substantial interest, it must bear an appropriate share of the costs. An appeal against the distribution can be filed with the Cantonal Estimation Commission within 10 days.

1. The costs of regional planning are borne by the responsible organization.

2. The canton grants contributions.

3. The canton also promotes regional construction secretariats, provided they are staffed with independent and qualified professionals.

1. The costs of cantonal planning are borne by the canton.

2. If cantonal use plans pertain to regional zones and facilities, the Construction and Justice Department may determine appropriate contributions from the interested municipal communities.

1. The Government Council may order a land consolidation for the preparation or implementation of guideline and utilization plans, for the implementation of federal sectoral plans, or for the acquisition of land for which expropriation rights have been granted under cantonal or federal law.

2. The settlement area can, insofar as it is appropriate, be included in the land consolidation (comprehensive consolidation).

1. A land consolidation can only be ordered if the involved landowners do not decide to carry out the process themselves within a reasonable period set by the Department of Construction and Justice.

1. The land designated for public buildings and structures shall be allocated to the competent public authority.

2. For additional allocations, § 90 paragraph 2 shall apply.

1. The Department of Construction and Justice determines, after consulting the parties involved, which portions of the costs the municipalities concerned, as referenced in Section 78, are required to bear in advance.

1. Additionally, the provisions concerning land improvement shall apply.

1. The land reallocation involves the official consolidation and redistribution of plots within the construction zone.

2. Its objectives are

a) the formation of plots suitable for construction;

b) the reorganization of constructions (area rehabilitation);

c) the allocation of land and rights that serve communal needs or for which expropriation rights have been granted or will be granted during the process.

d)* an appropriate balancing of the advantages and disadvantages arising from planning.

3. The land reallocation may also relate to land outside the construction zone if it is necessary for the implementation of local planning, particularly for the separation of use zones.

4. Land reallocations take into account the requirements of access and development.

1. For the purpose of an equitable adjustment of the economic advantages and disadvantages associated with the amendment of the zoning plan, a land reallocation can be ordered and carried out simultaneously with the development plan procedure.

2. The land in the reallocation area shall be evaluated based on both the old and new zoning plans for this purpose.

3. Whenever possible, a fair compensation in value should be made by allocating land to the involved property owners both inside and outside the development zone. For this purpose, joint ownership may also be established.

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

1. A land reallocation must be based on a development or design plan that is legally binding or made available at the same time.

2. Individual developed plots can be included insofar as it is necessary for the appropriate execution.

3. Largely developed areas can be reorganized if their renewal or rehabilitation is in the public interest. The Cantonal Council regulates such reallocations in an ordinance.

**1. The authority responsible for ordering a land reallocation is:**

a) the municipal council, either on its own initiative or upon request by a landowner; the council is obligated to order a reallocation if at least one-third of the involved landowners, who own more than half of the area to be included, request it;

b) the Department of Construction and Justice, when dealing with cantonal or regional buildings and facilities in cases described in § 83 paragraph 2 letter c, or if municipalities cannot agree on the joint execution of a reallocation.

**2. Prior to the order, the landowners must be heard.**

**3. The order must be communicated to the landowners.**

1. The competent authority may either conduct the land reallocation itself or appoint a commission to do so.

1. From the order until the legally effective completion of the land readjustment, legal and factual changes to the included properties require the approval of the executing authority.

2. The authority responsible for the order may make precautionary dispositions even before the order. These are to be limited to a maximum of one year.

3. The prohibition of changes and the precautionary dispositions are to be noted in the land register upon application by the ordering authority.

1. The government council may authorize the early possession of properties and rights for the construction of buildings and installations for which the right of expropriation has been granted.

2. The affected parties and the executing authority must be heard beforehand.

**1. From the area included in the reallocation process, land serving the needs of the entire reallocation area or for which the right of expropriation has been granted must be excluded. Land for development facilities may be allocated to property owners as communal property if it is not immediately taken over by the public body.**

**2. The remaining area is to be distributed among the landowners in such a way that, subject to reasonable plot forms, each receives a portion that corresponds to the proportion of his contributed part to the whole. Areas jointly allocated to several landowners are to be credited proportionally.**

**3. If there is a significant difference between the value of the contributed and the newly allocated land, an appraisal (grading) must be carried out, and the land must be allocated accordingly.**

**4. If individual shares are too small for a purposeful use within the framework of the utilization plan, compensation must be provided instead of allocation, unless allocation for common or joint ownership with or without condominium ownership is desired and feasible.**

**5. The parties involved must be given the opportunity to make allocation requests in due time.**

**6. The implementing authority regulates the ownership relationships.**

1. Surpluses or deficiencies in value, as well as surpluses or deficiencies in allotment, shall be compensated for with money.

2. If a public entity receives more land for public buildings and facilities than could be allotted to it according to its entitlement, it must provide compensation in accordance with the principles applicable to expropriation.

1. Existing easements, charges, and pre- and annotations may be waived, altered, or transferred to the new properties.

2. To enable appropriate development and access, new easements and charges may be established.

3. The regulation of mortgage relationships is governed by the provisions concerning mortgaging in land consolidation.

1. The costs arising from the procedure, monetary settlement, and compensations shall be allocated to the parties involved based on the benefits they receive.

2. The implementing authority may determine advance payments.

3. For the cost shares of property owners, the implementing authority may have a statutory lien registered in the land register (§ 284 Introductory Act to the Civil Code).

4. ...

1. The implementing authority shall make the following documents available for public inspection, either collectively or individually, for a period of 30 days: special conditions of land readjustment, any assessments, reallocation, financial compensation and indemnities, burden clearing, and cost distribution.

2. Property owners and holders of those easements and encumbrances that are to be annulled or modified must be notified in writing of the public inspection, provided they reside in Switzerland and their addresses are known.

3. Objections to the documents can be submitted to the implementing authority during the inspection period, and the authority shall decide on them.

4. Public inspection is not necessary if all parties involved explicitly agree to the documents in writing.

1. Appeals against orders pursuant to §§ 85-87 and objections to decisions regarding reallocation and debt relief can be lodged with the Government Council within 10 days.

2. Decisions regarding valuations, monetary compensation, indemnities, and cost distribution may be further pursued in the appraisal procedure (§ 43).

1. The plans are to be approved by the governing council. Sections 18 and 19 apply mutatis mutandis.

2. Upon approval, the transfer of ownership and the clearance of encumbrances are effected. The approximate area is to be recorded in the land register, subject to Section 96.

3. The executing authority shall inform the parties of the entry into force.

1. After the approval of the land reallocation, the implementing authority orders the survey and demarcation, and the preparation of the mutation documents.

2. The governing council approves the mutation documents and submits the new legal status to the land registry office for entry in the land register.

3. In urgent cases, the implementing authority may provisionally register the new legal status for individual plots of land beforehand.

1. If the practical development of a parcel of land or a group of parcels is hindered or made impossible due to an unfavorable boundary alignment, the municipal council may, upon the application of an interested party and after hearing the other parties involved, redefine the boundary through an exchange of land.

2. As part of such a boundary adjustment, land exchange to the necessary extent and the transfer of up to 3 ares of land may be ordered, provided that this significantly improves the developability and that the exchange or transfer is reasonable for the affected owner.

3. The municipal council determines any monetary compensation and indemnities and allocates the costs.

4. Sections 87, 89-92, and 96 apply mutatis mutandis.

5. The new legal status becomes effective upon the decision of the municipal council becoming final.

1. The provisions of this section apply to the construction (building, expansion, and correction), maintenance, use, and financing of development facilities, particularly facilities for transportation, supply, and water protection.

2. In the cantonal ordinance regarding property owner contributions and fees, and in the regulations of the municipalities, district heating systems and community antennas may also be subjected to the same provisions.

1. The development must conform to the zoning plans.

1. The municipality constructs and maintains public access facilities. Existing obligations of private parties remain reserved.

2. The municipality shall specifically construct the access facilities that are designated as public in the zoning plans.

3. The municipality also constructs, marks, and maintains the footpaths.

4. Special regulations remain reserved for the access facilities of the canton, the associations of municipalities, and other public access providers.

1. The canton establishes, marks, and maintains the hiking trails. It may have the work carried out by private organizations for reasonable compensation.

2. The details are regulated by an ordinance of the government council.

1. The development zone must be serviced within 15 years.

2. The municipal council shall present an overview plan indicating which parts of the development zone are largely built up and serviced, which are ready for construction, and which should be made ready for construction within 5 years (servicing area). The size of the servicing area must be proportionate to that of the development zone. The overview plan must be updated.

3. The municipal council shall prepare a 5-year servicing program that outlines how the servicing will be carried out and with what total costs. This also includes the costs for the expansion and replacement of servicing facilities. The municipal assembly may approve budgetary allocations for this, which shall be considered mandatory expenditures.

4. The municipality shall construct the servicing facilities according to the program and the development.

5. The property owner has a right to servicing, which they can assert before the administrative court by filing an administrative legal action if necessary.

6. The municipality must construct a servicing facility before the date specified in the servicing program if the first interested builder pays the remaining costs in advance in addition to their contribution. The advance payment is to be refunded without interest for facilities within the servicing area after no more than 5 years, and within the remaining development zone after no more than 15 years.

7. If the municipality does not timely construct a servicing facility, the government council can be compelled to do so.

1. The overview plan and the development program can be inspected by any person.

2. The details concerning the overview plan and the development program are regulated by a regulation of the government council.

1. All buildings must be connected to the public infrastructure facilities unless otherwise provided by the legislation.

2. For buildings and facilities outside the construction zone, a connection may only be approved if they already exist or if an exceptional permit for their construction is granted under this law.

1. Private access facilities such as driveways, parking spaces, and house connections serve one or a few buildings or residential units.

2. They are to be constructed and maintained by the property owners and interested parties according to the instructions of the building authority.

1. If the joint use of a private access facility is deemed appropriate and reasonable, it can be ordered by the building authority after hearing the parties involved.

2. Property owners must tolerate access facilities whose location is prescribed by a zoning plan or by the building authority.

3. Those burdened are to be compensated.

1. The municipality is required to take over private development facilities in the construction zone that are designated as public development facilities in the zoning plans within 15 years and to expand them as necessary.

2. Compensation shall be determined according to the principles of expropriation law.

3. Section 101, paragraph 4 shall apply mutatis mutandis.

1. The canton and the municipalities, after consulting the owners, are authorized to install signs with street names, elevation markers, and information about pipelines, as well as traffic signals, lighting installations, and similar items on properties and constructions.

2. They shall take into account the legitimate wishes of the owners and compensate for any potential damages.

3. In cases of disputes regarding the obligation to tolerate such installations, the decision shall be made by the Council of State.

1. The compensations provided for in §§ 104-106 shall be determined in the appraisal procedure (§ 43), unless the parties are able to reach an agreement.

1. If real estate properties gain value or special benefits through the construction of public development facilities, municipalities are required to demand appropriate contributions from the property owners.

2. Development contributions for wastewater disposal and water supply facilities are only levied in new construction areas that are being newly developed.

3. If the municipality pays compensation upon acquiring a private development facility (§ 105) or acquires land provisionally for a public development facility, it may levy separate contributions for this.

1. Municipalities are required to levy fees for the connection to public water supply and sewage systems. They may also provide for such fees for the connection to other public utility facilities.

2. Municipalities are required to levy fees for the use of public utility and water protection facilities.

1. Development charges must be assessed in each individual case in relation to the benefits received. Their total amount may not exceed the installation costs.

2. The minimum amount of contributions is determined according to the provisions of the cantonal ordinance on property owner contributions and fees.

3. Connection and usage fees must be set so that the supply and water protection facilities are self-sustaining. As a rule, the level of usage is decisive.

4. The provisions of the Law on Water, Soil, and Waste concerning the financing of municipal water management (§§ 117 et seq.) remain reserved.

1. The municipal council determines the obligation to contribute and the amount of individual contributions for development contributions, generally before construction commences, based on cost estimates in the contribution plan.

2. The municipal council makes the contribution plan publicly available for 30 days. It notifies the property owners in writing about the public disclosure and their related concerns, provided they reside in Switzerland and their addresses are known.

3. During the disclosure period, objections to the contribution plan can be filed with the municipal council. If objections are not amicably resolved, an appeal against the decision of the municipal council can be filed with the Cantonal Appraisal Commission within 10 days.

4. Complaints against the final assessment must be submitted directly to the Cantonal Appraisal Commission within the same timeframe.

1. The contributions are owed upon the completion of the installation and become due upon invoicing, subject to hardship exemptions.

2. The municipal council may set interim payments in advance.

3. The owner of the property at the time of due date is liable for payment. The previous owner is jointly liable with the current owner for five years if the ownership changed since the imposition of the contribution plan.

4. A statutory lien (§ 284 EG of the Swiss Civil Code) can be registered for due contributions.

1. If the canton levies development contributions for the construction of cantonal roads in accordance with § 14 of the Road Act of September 24, 2000, the assessment of the individual contribution is determined by the share of the liable enterprise in the traffic volume.

2. Liable are enterprises that directly cause the expansion of cantonal roads through a construction project (changes to entrances and exits, junctions, widening of road facilities, etc.) or, together with other third parties, cause the construction or expansion of the cantonal road through their above-average contribution to traffic volume (widening of the road, expansion of roundabouts, elimination of bottlenecks, etc.).

3. For the cost participation, permissible traffic movements are decisive where defined, otherwise the actual traffic movements.

4. The amount of the passed-on costs is determined by the share of the liable enterprises in the total traffic volume.

5. The responsible authority for the implementation is the department.

6. The government council issues an ordinance.

1. For future public infrastructure facilities, the municipality can levy contributions from the time the landowner draws benefits from them.

2. A benefit is considered to exist, in particular, when the landowner is relieved from the obligation to create or operate similar facilities themselves in consideration of the public facility.

3. The procedure shall be governed accordingly by § 111.

**1. If development facilities are constructed prematurely (§ 101 para. 6), the procedure according to § 111 shall also be conducted.**

2. However, for undeveloped properties, the contributions shall be deferred without interest until the municipality is required to refund the advance on costs.

3. If further properties are developed before the refund of the advance on costs, the building applicants must pay their contribution. The municipality shall transfer this to the person who has provided the advance on costs.

4. The obligation to contribute is a public-law restriction on property ownership. It must be noted in the land register for deferred contributions upon application by the municipal council.

1. Orders regarding connection and usage fees are issued by the municipal council.

2. Affected parties can file a complaint against the orders with the Cantonal Assessment Commission within 10 days.

3. Connection fees are due upon the utilization of the development facility, unless otherwise specified. § 112 paragraphs 3 and 4 apply accordingly.

1. The Cantonal Council enacts a regulation on landowner contributions and fees, which applies to all municipalities subject to § 118.

1. The municipalities may in a regulation

a) regulate the responsibilities of the municipal authorities differently;

b) issue supplementary provisions if this law and the cantonal ordinance on property owner contributions and fees do not comprehensively regulate an area;

c) issue differing provisions to the extent permitted by the cantonal ordinance on property owner contributions and fees.

2. The regulation must be approved by the Government Council.

1. The canton and municipalities shall take measures for the protection of nature and heritage.

2. The measures for nature conservation aim to protect tree, shrub, and reed formations, nature-like recreational areas, as well as plants and animals and their natural habitats. In intensively used areas within and outside of settlements, these measures particularly include ecological compensation with woodland strips, hedges, riverbank vegetation, or other nature-oriented and site-appropriate vegetation.

3. The measures for heritage protection particularly include the protection of landscapes, townscapes, and roadscapes, as well as contemporary and historically valuable buildings and structures and exterior areas, natural and cultural monuments, viewpoints, and historical sites. Due regard shall be given to the appropriate development of modern architecture and exterior design of high quality.

1. Protection and maintenance of biotopes should, where possible, be achieved based on agreements with landowners and managers, as well as through adapted agricultural and forestry use.

2. Landowners are compensated for protective measures according to the principles of material expropriation.

3. Landowners or managers also have a right to appropriate compensation for economic disadvantages associated with protective measures if they limit their previous use or provide a service without corresponding economic return in the interest of the protection objective. The governing council shall regulate the principles of compensation. In the event of a dispute, the administrative court shall decide.

1. Areas for ecological replacement and compensation measures are to be acquired by the competent authority either voluntarily, through land consolidation, or by expropriation, insofar as required for protection purposes.

1. As part of local planning, municipalities organize the permissible use of land outside the construction zone and the protection and maintenance of natural and cultural heritage objects in a comprehensive plan. They rely on their inventories and foundations, as well as those of the federal government, the canton, and the regions.

2. They take into account the cantonal structure plan.

3. Planning zones can be established for provisional protection.

1. Cantonal Protected Areas are

a) the Jura, Engelberg, Born, and Bucheggberg;

b) Streams, rivers, lakes, and their shores.

c) Other areas designated by the government council.

1. In individual cases, protective orders for the canton are issued by the Council of State and for the municipalities by the Municipal Council.

2. Before issuing, the affected parties and, if the Council of State so orders, also the Municipal Council must be heard.

3. The protective order must be communicated to the affected parties in writing.

1. In the protection order, the measures must be described precisely in terms of location and subject matter.

2. They may notably consist of construction and alteration prohibitions, aesthetic construction regulations, and obligations on the part of property owners and managers.

3. They are public-law property restrictions and can be noted in the land register upon application by the issuing authority. Otherwise, § 299 of the Introductory Act to the German Civil Code (EG ZGB) applies to the notation.

1. The authority responsible under Section 122 may issue a provisional protection order in cases of urgency.

2. This order takes immediate effect and remains valid until the definitive protection order comes into force, but for no longer than one year.

1. The Department of Construction and Justice may appropriately involve private individuals in the enforcement of provisions concerning nature and heritage protection and assign them corresponding supervisory functions.

1. The Executive Council regulates by ordinance specifically

a) the protection of nature and heritage in general;

b) the legal effects of cantonal protection areas according to § 121;

c)* ...

d) the protection of antiquities and historical art monuments;

e) the protection of plants and animals and their natural habitats.

1. Compensations associated with measures for the protection of nature and heritage shall, in principle, be borne by the participating public authorities in accordance with § 77.

2. The financial compensations pursuant to § 119bis paragraph 3 shall be made from the Nature and Heritage Protection Fund.

1. The canton shall establish a Nature and Cultural Heritage Preservation Fund, which is to be funded equally by annual contributions from the canton and the totality of the municipal communities from the proceeds of the property gains tax.

2. The Cantonal Council shall determine the respective percentage share of the property gains tax based on needs as part of the annual budget.

3. Furthermore, the fund shall be specifically funded by an appropriate share of the cooling water fee from the Gösgen Nuclear Power Plant.

4. The Government Council shall use the resources of the fund for

a) the costs of the canton according to §§ 77, 119bis, and 127;

b) contributions to agricultural buildings according to the Ordinance on Nature and Cultural Heritage Preservation;

c) the acquisition of protected objects;

d) the promotion of voluntary measures;

e) contributions to nature and cultural heritage preservation associations;

f) compensations to the canton and the municipalities from material expropriation.

1. In cases of violations against the provisions of this section or the regulations and orders issued based on it, the enforcement and penal provisions of §§ 149-153 shall apply.

1. Buildings and structures must comply with this law, the building regulations and zoning plans issued based on it, and the other public law provisions of the federal, cantonal, and municipal authorities.

2. The applicable regulations are those in force at the time the decision on the building application is made.

1. The Cantonal Council enacts a cantonal building ordinance, which, subject to § 133, applies to all municipalities.

2. It regulates the following within the framework of §§ 134-148, in particular

a) the building permit procedures and building inspection;

b) the design of buildings (height, length, and depth);

c) the building distances (open and closed construction methods);

d)* the floor area ratio, building mass, development, and green space indices;

e) the requirements for buildings concerning strength, safety, and health;

f) the structural measures suitable for saving energy;

g) the protection of the environment from impairments;

h) the establishment of parking areas, children's playgrounds, and community rooms;

i) the protection against accidents during construction work;

j) the maintenance and improvement of existing buildings and facilities.

1. The Executive Council may issue technical regulations and implementation provisions for the cantonal building ordinance.

2. It promotes the standardization of building regulations and the rationalization in the construction sector.

3. It may enter into agreements with other cantons regarding technical regulations and the monitoring of their compliance. It may also delegate this monitoring to private or public-law organizations.

1. Municipalities may enact supplementary building regulations, provided that these do not conflict with the cantonal building ordinance.

2. In conjunction with development plans, they may also enact differing regulations.

3. Such regulations require approval by the Government Council, which reviews them for legality and appropriateness. They come into force with the publication of the approval decision in the official gazette.

1. Buildings and structural installations require approval from the building authority. The Cantonal Council determines the exceptions.

2. If a building or structural installation additionally requires other spatial and environmentally relevant approvals or the issuance of a development plan, the opinions of all concerned authorities must be obtained in a lead procedure pursuant to paragraph 3, and the decision must be made considering all interests. Other approvals are reserved and should, if possible, be issued in the decision of the lead procedure or simultaneously with it.

3. As lead procedures in the sense of paragraph 2, the following generally apply

a) the building permit procedure;

b) the development plan procedure;

c) the procedure according to § 38bis;

d) the plan approval procedure according to the provisions of the Federal Employment Act.

4. If the development plan procedure is the lead procedure, the Government Council, instead of the departments and offices, decides on any separate approvals together with the approval of the development plan.

5. The Government Council regulates the details of the procedural coordination in an ordinance.

1. The building permit is generally issued by the municipal building authority.

2. The department acts as the building authority when it is designated as such within the framework of a cantonal land use plan.

1. The building authority must conduct an objection procedure for building applications.

2. To protect public interests, the Building and Justice Department and the municipal council may also raise objections. In the event of an objection by the Building and Justice Department, the deputy department acts as the appellate body.

1. The building authority may suspend a building application that could impede the issuance or amendment of a zoning plan;

2. For cantonal and regional planning, the Department of Construction and Justice may also suspend a building application.

3. The suspension shall cease if the authority responsible for the publication of the plan does not publish a zoning plan or a planning zone within 3 months. The local building authority may exceptionally extend the suspension for 3 months upon a substantiated request from the planning authority.

1. In extraordinary circumstances, the building authority may grant exceptions to certain regulations if compliance would result in disproportionate hardship, provided that public interests can be preserved.

2. ...

3. Exceptional permits may be subject to conditions and stipulations, particularly those requiring the property owner to restore the property to compliance upon the first request of the competent authority, or stipulating that no compensation shall be paid for value-enhancing expenditures incurred based on the exceptional permit in the event of expropriation.

4. The conditions and stipulations attached to permits are public-law property restrictions and may be noted in the land register upon application by the building authority. Furthermore, § 299 EG ZGB applies to the notation.

1. Buildings and structures may only be erected if

a) the plot is suitable for it in terms of location, shape, and condition;

b) any necessary land readjustment or boundary rectification has been carried out;

c) the development (§ 28) has been completed or is secured by the time of completion.

2. The local building authority may, for the purposes of § 138, grant exceptions.

3. For buildings and structures outside the building zone, § 38 applies.

1. The building distances from public roads and other public traffic areas are determined by the cantonal building ordinance and the zoning plans.

2. The distance regulations also apply to the renovation and reconstruction of demolished and destroyed buildings.

1. The construction distance from the forest for buildings and structures is 20 meters. For isolated forest areas up to 3600 square meters (field woodlots), a construction distance of 10 meters applies in the construction zone. In justified cases, particularly for spatial planning reasons, a different forest construction line may be established within the framework of the zoning plan (§ 40).

2. The government council regulates by ordinance which constructions (small buildings, underground constructions) are not subject to this provision and under what conditions an exception permit can be granted.

3. The construction distance from waters is governed by special legislation.

1. A distance must be maintained from the neighboring boundary. Where nothing else is specified, this distance is determined by the number of floors and the length of the building, and is established by the cantonal building ordinance.

2. The cantonal building ordinance regulates the specific boundary distances, the possibilities of reducing boundary and building distances, and the joining of buildings.

1. Buildings and structures must be constructed and maintained in such a manner that they do not endanger persons or property.

2. They may be erected only in a safe location.

3. They must comply with the requirements necessary for the protection of health, particularly with regard to room and window sizes, ventilation, dryness, and protection from cold, heat, and noise. They must be equipped with the necessary ancillary rooms and sanitary facilities.

4. ...

1. Publicly accessible buildings and facilities must be designed during construction and renovation so that they are accessible and usable by persons with disabilities.

2. In multi-family houses with 6 or more residential units, all apartments on one floor must be barrier-free accessible. All apartments must be designed in such a way that they can be adapted to the needs of persons with disabilities without significant structural modifications.

3. Furthermore, the federal legislation on the elimination of disadvantages for persons with disabilities applies, in particular its principles on proportionality during the renovation of buildings.

1. Thermal and Cold Protection are governed by the Energy Legislation.

1. Buildings and outdoor spaces, such as streets, squares, and open areas, must typologically integrate into existing structures, while taking contemporary construction methods into account.

2. Volume, design, and shape must meet aesthetic requirements and should enhance the quality of the settlement.

1. Buildings and facilities must comply with the environmental protection laws of the Federation and the Canton. Where required, environmental impact assessments are to be conducted.

1. In the creation and modification of buildings and structures or changes in their use, the parking spaces required for motor vehicles for the respective use must be provided, unless there are overriding interests of environmental protection or spatial planning. The applicable standard for determining the offer of parking spaces is the respective norm of the Swiss Association of Road and Traffic Specialists.

2. If necessary and reasonable, the provision of parking spaces can also be ordered for existing uses.

3. Especially within the framework of the environmental impact assessment for facilities with high public use (§ 46 para. 1 letter c), the competent authority can impose a more stringent measure of limiting the number of parking spaces and require their management to limit emissions.

4. For reasons of environmental protection and spatial planning, municipalities may, through regulations and zoning plans, limit the number of parking spaces or exclude them entirely, regulate parking management, introduce resident privileges on public land, and provide for the creation of communal facilities.

4bis. In the construction of new traffic-intensive facilities, at least 40% of the parking spaces to be created must be arranged inside for passenger cars.

5. If the required parking areas cannot or may not be created in a suitable location, the property owner must, according to the regulations of the municipality

a) either participate in a joint venture to create parking space;

b) or pay a compensation fee according to § 43 of the Ordinance on Property Owner Contributions and Fees of July 3, 1978, for the municipalities of the Canton of Solothurn, which the municipality is to use for public parking spaces and public transport.

1. When constructing residential complexes and apartment buildings, the builder is required to create sufficient and suitable playgrounds and recreational areas for children.

2. Section 147, paragraphs 2-4 apply mutatis mutandis.

1. Enforcement shall be governed, subject to the following provisions, by the Act on Legal Protection in Administrative Matters of November 15, 1970.

1. Construction work that is carried out without or contrary to the building permit must be immediately stopped by order of the building authority.

2. Such an order comes into force immediately.

1. If the building authority identifies an unlawful condition, it shall set a reasonable deadline for its rectification.

2. For important reasons, particularly in cases of urgency, it may enforce an order immediately.

1. For constructions and structural facilities that require cantonal authorization or approval, the powers pursuant to §§ 150 and 151 also apply to the competent department.

2. If the local building authority fails to fulfill its police duties concerning construction, and public interests are thereby endangered, the Building and Justice Department can take the necessary measures in its place. The municipality is liable for the costs, subject to its right of recourse against the obligated party.

1. Any person who, intentionally or negligently, as a landowner, builder, or otherwise entitled party, as a project author, contractor, construction manager, or as a person responsible for the execution of works, violates the construction regulations or individual orders issued based on them, shall be punished with detention or a fine.

2. The prosecution of the offense is subject to a statute of limitations of 3 years.

1. The Executive Council is entrusted with the execution of this law.

1. Existing land use plans remain in effect.

2. The previously designated, undeveloped construction zone Phase 2 and the reserve zone (§ 27) form a transitional zone until the revision of the zoning plan, in which construction is only permitted according to the rules for building outside the construction zone. The municipality must decide, within the framework of the zoning plan revision, whether and to what extent this land, particularly by means of disentangling reallocation according to § 83, is allocated to the construction zone, the reserve zone, or the agricultural zone. When allocating to the construction zone, land from the previous Phase 2 construction zone is generally to be considered first.

3. For commercial zones and farm zones, the existing provisions continue to apply until the revision of the zoning plans.

4. Land that has not been previously assigned to a land use zone is considered an agricultural zone.

5. The zoning plans must be adapted to the new law within 5 years.

1. Regulations of the municipalities are repealed insofar as they conflict with this law, the cantonal building ordinance (§ 131), and the cantonal ordinance on landowner contributions and fees (§ 117).

2. ...

3. ...

1. Individual orders issued under the previous law, in particular protective orders, remain in effect.

1. All proceedings and cases pending at the time of the enactment of this law shall be handled and decided in accordance with the principles of this law, unless otherwise provided in the implementing decrees.

1. Until the revision of the zoning plans, the existing provisions regarding the utilization figures and building heights (§§ 29 paragraph 2 and 131 paragraph 2 letter d) shall remain in force.

1. The amendment was incorporated into the respective decree.

1. The amendment was incorporated into the respective decree.

1. The amendments were incorporated into the relevant decree.

1. The amendment was incorporated into the respective decree.

1. The amendment was incorporated into the respective decree.

1. The amendment was incorporated into the respective decree.

1. Provisions Concerning Land Register Annotations and Amendments to the Act on the Introduction of the Swiss Civil Code and the Water Rights Act Require Approval by the Federal Council.

1. This law shall enter into force at the time determined by the government council following its adoption by the people.

2. Upon its entry into force, all conflicting provisions, particularly the Law on Construction dated June 10, 1906, shall be repealed.