Cantonal Building Ordinance (KBV) - Applicability (COS)

1. This regulation is binding for the municipalities of the Canton of Solothurn.

2. The municipalities may issue supplementary provisions in a regulation, provided they do not contradict this regulation.

3. In conjunction with design plans pursuant to § 44 of the Planning and Building Act (PBA), they may enact differing provisions.

4. Such provisions require approval by the Government Council, which reviews them for legality and appropriateness. They come into effect upon publication of the approval decision in the official gazette.

1. The application of this regulation is the responsibility of the building authority.

2. The building authority is the building commission. Municipalities with a full-time building administration can appoint this as the building authority. An internal municipal complaint process is excluded.

3. Appeals against orders and decisions of the building authority can be filed with the Department of Construction and Justice, and appeals against its decisions can be filed with the Administrative Court.

4. If the state is involved as a party in the procedure, the Construction Department does not act as an appeal instance. In its place, the Administrative Court assumes this role.

5. ...

6. The appeal period is 10 days, calculated from the delivery of the order or decision. The procedure is governed by the law on legal protection in administrative matters.

1. A building application must be submitted for constructions and structural installations.

2. A building application is also specifically required for

a) Conversions, extensions, and superstructures;

b) Changes in the façade structure;

c) Change of the purpose of buildings, installations, and premises;

d) Demolition of buildings and parts of buildings;

e) Heating and combustion systems;

f) Transmitting and receiving installations;

g)* Underground constructions and structural installations as well as sublevel structures;

h) Private access facilities;

i) Public access facilities when the implementation of the facility is not clearly evident from the land-use plan or significant changes are made from the published plan;

j)* Terrain alterations, such as excavations, embankments, depots, quarries, subject to paragraph 3 and § 3ter paragraph 1 letter c;

k)* Enclosures with a height of more than 1.20 m and retaining walls;

l) Parking and storage areas;

m) Spaces for tents, caravans, and mobile homes;

n) Placing of caravans and mobile homes outside the designated spaces;

o)* Mobile structures, subject to § 3ter paragraph 1 letter b, and small animal stalls;

p) Silos;

q) Garden and hall pools;

r) Chimney installations;

s) Air-supported halls;

t) Ski lift installations and cable cars;

u) Crane installations;

v) Boat docks and moorings;

w)* Advertisements and vending machines.

3. Topsoil additions to agricultural lands up to a height of 0.25 m do not require a building application, provided they are not suitable to influence the land-use order, such as by significantly altering the external space, burdening the access, or affecting the environment, and do not concern natural protection objects or groundwater protection zones.

1. Construction Projects for Solar Installations, which do not require building permits under federal law, must be reported to the building authority at least 30 days before the start of construction. The report must include a construction description, a site plan, and an elevation plan.

2. Construction Projects for Air/Water Heat Pumps installed entirely inside the building must be reported to the building authority at least 30 days before the start of construction. The report must include the usual building application documents, particularly a noise protection certificate.

3. If a construction project under paragraphs 1 or 2 contradicts the provisions of substantive law, the building authority shall, within the corresponding period, determine this by issuing a decision and impose a construction prohibition. Otherwise, § 151 of the Planning and Building Act shall apply.

1. The following do not require a building permit within the construction zone

a) lampposts, traffic signals, street signs, bollards, surveying markers, electric charging stations, hydrants, and individual flagpoles;

b) individual unheated structures with a covered area up to 10 m² (including roof overhangs) and a facade height up to 2.50 m, provided they are neither inhabited nor used for commercial purposes;

c) structural facilities for garden and outdoor area design such as uncovered seating areas, footpaths, fountains, sandboxes, individual play equipment, plantings, planter boxes, and raised beds, as well as associated terrain alterations up to 0.25 m;

d) enclosures up to a height of 1.20 m;

e) display cases and distribution cabinets with up to two cubic meters of content, as well as small containers such as Robidogs, waste bins, and compost bins;

f) the temporary erection of constructions or structural facilities requiring a permit for a maximum of three months per calendar year;

g) structural changes within the interior of buildings that are not safety-relevant, provided the number of residential units is not altered;

h) the maintenance of buildings and structural facilities, provided no construction-, energy-, or environmental-law-relevant facts are affected.

2. All projects that are of equal or lesser significance than those mentioned in paragraph 1 are also exempt from the building permit requirement.

3. If a construction project under paragraph 1 or 2 affects the waters area, the forest or hedge distance, a road building line, a protection zone, or a protected object, it is subject to a building permit requirement.

4. Exemption from the building permit requirement does not relieve compliance with all substantive law provisions. If a construction project under paragraph 1 or 2 contravenes the provisions of substantive law, the building authority determines this by means of an order. Additionally, § 151 of the Planning and Building Act applies.

1. A notification to the building authority is required for

a) Construction offices and accommodation rooms;

b) Structures necessary for maintaining operations during renovations and new constructions;

c) Barracks used for storing materials and construction tools during the execution of works;

d) Conduits for construction installations.

2. The notification must include a construction description and a site plan at a scale of 1:500, or, where appropriate, a copy of the cadastral map in which the structure or facility subject to notification is outlined.

3. The building authority can decide without carrying out the formal building permit procedure.

1. The construction application must be submitted in duplicate and must include detailed information on

a) Ownership: Proof of ownership, building rights contract, or written consent from the landowner;

b)* Access conditions: Documentation of sufficient access rights (easement agreement, right of way), if the property to be developed is not located on a public road. If necessary: Proof of turning facilities on private land along main roads;

c) Parking possibilities on private land;

d) Drinking water supply: Proof of a right to obtain drinking water, if connection to the public drinking water supply system is not planned or possible;

e) Wastewater disposal: Disposal and possible treatment of wastewater;

f) Air-raid shelters: Installation of protective shelters;

g) Commercial and industrial buildings: Detailed description of the intended operation, information on adverse impacts on the environment, proof of measures against excessive impacts, details on the intended pre-treatment of wastewater if necessary;

h)* If required: Information on floor area, building mass, development, and green area index;

i) Apartment buildings and housing developments, additionally: Information on the construction of playgrounds and recreation areas for children;

k)* Information on landscaping for buildings with more than 4 full stories as well as for housing developments and apartment buildings with 6 or more units;

l)* Energy performance verification in buildings (energy certificate);

m)* Proof of barrier-free construction in the sense of § 58.

2. The building authority may require additional documentation at the expense of the applicant, such as: land registry extract, structural analysis, construction and detailed plans, studies on the shading of neighboring properties, models, photomontages, lighting concepts, information on waste disposal, fire safety, soil investigations—especially for constructions in groundwater areas—proof of disaster protection in particularly vulnerable areas according to hazard maps, proof of drinking water quality, details about heating systems and the installation and minimum performance of passenger and freight lifts, proof of financing for large developments.

3. ...

4. For minor structural changes, the building authority may waive the requirements stated in paragraph 1.

1. To the extent necessary for the understanding of the construction project, the following plans must be submitted in duplicate with the building application

a) New buildings, extensions, superstructures, and conversions

1. An officially updated copy of the cadastral plan with the following information: the location of the building site and adjacent properties, boundary and building distances, access roads, street and building lines according to the legally binding zoning plan, existing pipelines, drinking water supply, wastewater disposal, and treatment;

2. All floor plans, elevations, and sections at a scale of 1:100 or 1:50 with recorded dimensions and the specification of the intended use of the rooms;

3.* Sections through the relevant (§ 16bis) and the designed terrain over the entire property, including cross-sections of neighboring properties and public roads, as well as the height levels of the floors and terrain, based on a certified fixed point;

4. Where necessary: a plan for the open space design with the following details: pathways, parking spaces, green areas, playgrounds;

b) Other buildings and facilities: an officially updated copy of the cadastral plan, additional plans at an appropriate scale. The regulations of the federal and other cantonal legislation remain reserved.

2. For minor structural changes, the building authority may allow a simplified plan submission or be satisfied with a building description.

3. It may require the plan documents to be supplemented or completed.

4. All plans must be folded to standard size, dated, and signed by the responsible plan drafter and the project owner. If an engineer is involved, the documents submitted by them must also be signed by the engineer.

1. For new constructions, extensions, and superstructures as well as terrain fill-ups, a construction profile must be erected at the time of submitting the building application. This profile must represent the future shape and spatial extension of the building as well as the terrain fill-ups. The ground floor level must be visible from the construction profile.

2. The building authority may allow relaxations for tall structures, provided that the actual height is marked at least at one point for a period determined by them. For high chimneys, church steeples, and antennas, marking the actual height can be waived if the ground area does not exceed 25 square meters.

3. The construction profile generally may only be removed after the legally binding resolution of the building application and any objections. During this time, the builder is responsible for the proper maintenance of the construction profile. If an objection is raised, the building authority may, in special cases, approve the provisional removal of the construction profile after the objection period has elapsed.

1. If the building application does not evidently contradict the substantive building regulations, the building authority shall publish it at the expense of the applicant in the official publication organ of the municipality or, where such does not exist, in newspapers designated by it, and, as necessary, in the cantonal official bulletin. The plans shall be made publicly available for inspection for 20 days. During the inspection period, any person who is particularly affected by the building application and has a legitimate interest in its content may file an objection with the building authority. Objections to the building project must be submitted in writing and in duplicate to the building authority and should include a request and a justification.

2. Publication is not required for building projects of minor significance that do not touch upon significant public and neighboring interests, especially for solar energy systems and heat pumps, as well as facade insulation on existing buildings pursuant to § 56bis. In such cases, the building project must be brought to the attention of affected neighbors in another manner.

**1. The Building Authority must notify the developer in writing of its decision within 2 months once it has received all the documents necessary for the assessment, indicating the legal remedy.**

**2. At the same time, it must inform the developer and the objectors of the decision on objections with a written justification and reference to the right of appeal.**

**3. The Building Authority decides on objections of a public law nature. For private law objections, the parties are to be referred to the civil court.**

**4. If the building permit is legally binding, a copy of the building application signed by the Building Authority must be handed over to the developer.**

**5. The Building Authority may grant the permit subject to conditions or stipulations. These can be noted in the land register upon application. The authority must have the notes removed from the land register if the building permit has lapsed according to § 10. Otherwise, § 299 of the Introductory Act to the Swiss Civil Code applies for the notation.**

**6. The Building Authority may make the granting of the permit contingent upon the provision of the due connection charges and fees.**

1. The building permit shall expire two years after the decision becomes legally binding if construction work has not been commenced within this period or if construction that has been started is not completed within a reasonable period. The mere execution of excavation work does not constitute the commencement of construction. If, in connection with the construction project, a claim has been filed with the civil court (§ 9 para. 3) and the court has issued a construction prohibition, the period during which the prohibition is in effect shall not be counted. This also applies in the event of a construction halt by the building authority.

2. The building authority may, upon request, extend the validity of the building permit by no more than one year.

3. Construction work may not commence prior to the issuance of the building permit; however, the building authority may authorize the execution of excavation work by the builder at their own risk.

4. The transfer of the permit to a third party requires approval from the building authority.

1. The building authority must immediately inform the Solothurn Building Insurance in writing of every building permit granted.

2. Failure to provide this notification does not create any liability for the building authority.

1. Prior to the commencement of construction, the building authority must inspect the staking-out frame for compliance with the building lines, boundary and building distances, and the level of the ground floor. It is responsible for supervising the execution of the construction. For the purposes of inspection, the authority may require the builder to notify it when a specific stage of construction is reached. Any construction work that does not conform to the approved plans must be immediately altered upon written order from the building authority. The decisions of the building authority can be enforced through execution measures.

2. The building authority may employ, at the expense of the builder, specialists to determine the level of the ground floor, boundaries, building lines, and distances, as well as to control the staking-out frames.

3. If the builder wishes to deviate from the approved plans, he must inform the building authority prior to carrying out the relevant works. The building authority will decide whether the change is to be approved. Substantial changes must be published as an amended building application (§ 8). Other deviations that do not conflict with the applicable building regulations may be approved by the building authority without renewed publication.

1. Fees may be charged for the examination of building applications, notification procedures, and reports, as well as for the supervision of constructions, which shall be allocated to the municipality.

2. The builder or third parties are responsible for bearing the costs incurred by registrations and annotations ordered by an authority in the land register, as well as the involvement of a cadastral surveyor. Expenses for the verification of additional documents must also be borne by the party responsible.

1. Each member of the Building Authority is obliged to immediately report to the authority any non-compliant conditions that come to their attention. The Building Authority shall take the necessary measures.

1. The Government Council may regulate the conditions for building permit procedures by electronic means through an ordinance and issue provisions regarding their design. To the extent necessary, deviations from the formal requirements of this title may be made therein.

1. The maximum number of floors is determined by zoning regulations. Where such regulations are absent, for example outside of building zones, no more than 2 full floors are permissible, and in the zone for public buildings and facilities, no more than 3 full floors are permissible.

2. Municipalities may also limit the number of basement levels.

3. In industrial zones, the number of floors and the facade height are not limited, unless the municipalities specify otherwise in their zoning regulations. The requirement for a planning permission remains reserved.

4. In the zone for public buildings and facilities, municipalities may determine only the permissible facade height instead of the number of floors.

1. The determining terrain is considered to be the naturally grown terrain profile. If this cannot be determined due to previous excavations and embankments, the natural terrain profile of the surrounding area shall be used as a reference.

2. For planning or development-related reasons, the determining terrain may be designated differently during a planning procedure or building permit process.

1. Full stories are all floors of buildings except for basement, attic, and penthouse floors (Appendix I, Figure 1).

2. In the case of connected buildings and buildings that are staggered in height or position, the number of full stories is determined separately for each part of the building or for each building.

1. Basement Floors are storeys for which the upper edge of the finished floor of the full storey above, measured at the building line, extends on average no more than 1.2 meters beyond the façade line (Appendix I, Figure 2).

1. Attic Levels are stories where the knee wall heights do not exceed 1.2 meters (Appendix I, Figure 3).

a)* ...

b)* ...

1bis. The knee wall height is the height difference between the upper edge of the attic floor in the bare structure and the intersection line of the façade alignment with the upper edge of the roof structure (Appendix I, Figure 4).

2. Roof structures and roof indentations are subject to § 64.

3. ...

1. Attic Levels are additional stories added on flat roofs (Appendix I, Figure 5).

2. The attic level must be set back from the underlying story by at least the following measure

a) 4 meters for an entire longitudinal facade,

b) 2 meters each for two entire longitudinal facades, or

c) 2 meters each for one entire longitudinal facade and two entire lateral facades.

1. The facade height is the greatest height difference between the intersection line of the facade alignment with the top edge of the roof structure and the corresponding facade line (Appendix I, Figure 6). It shall not exceed

a) in zones for single-story buildings 4.50 m;

b) in zones for two-story buildings and outside of building zones 7.50 m;

c) in zones for three-story buildings 10.50 m;

d) in zones for four-story buildings 13.50 m;

e) in zones for five-story buildings 16.50 m;

f) in zones for six-story buildings 19.50 m.

2. The facade height may not be exceeded at any point. Technically necessary roof structures are not counted towards the facade height, provided they are set back from the facade alignment by at least the measure of their height. For parapets, this minimum measure is 2 m.

3. For buildings with an attic story, the maximum permissible facade height is 1.50 m higher than the dimensions mentioned in paragraph 1. This height may not be exceeded by the parapet on the top full story.

4. ...

5. ...

1. Municipalities may establish a maximum total height.

2. The total height is the greatest height difference between the highest point of the roof structure and the vertically underlying points on the relevant terrain (Annex I, Figure 7).

1. Municipalities may establish minimum numbers of storeys and facade heights. Where they do not specify otherwise, the maximum permissible number of storeys in areas designated for two-storey buildings may not be reduced, nor may it be reduced by more than 1 storey in other areas, and the facade height may not be reduced by more than 3 meters. This regulation does not apply to ancillary buildings.

1. The building authority may, particularly in the interest of appropriate development, for agricultural or location-specific constructions, or in the case of extraordinary topographical conditions, permit exceptions to the provisions of this section, provided that no public or protected private interests are violated.

2. ...

1. Municipalities may establish maximum building lengths and building widths in their zoning regulations.

2. Building length is the longer side of the smallest-area rectangle that encompasses the projected façade line (Annex I, Figure 8).

3. Building width is the shorter side of the smallest-area rectangle that encompasses the projected façade line (Annex I, Figure 8).

1. Buildings are stationary structures that provide protection for people, animals, or property with a permanent roof and, as a rule, other enclosures.

2. Underground structures are buildings that, with the exception of access routes as well as railings and parapets, lie entirely below the prevailing or lower terrain level (Appendix I, Figure 9).

3. Subterranean structures are buildings that project no more than 0.5 meters above the prevailing or lower terrain level (Appendix I, Figure 9).

1. The façade plane is the enveloping surface formed by the vertical lines extending through the outermost points of the building structure above the reference terrain. Protruding building parts are not considered (Appendix I, Figure 10).

2. The façade line is the line where the façade plane intersects with the reference terrain (Appendix I, Figure 10).

3. The projected façade line is the projection of the façade line onto the plane of the official survey (Appendix I, Figure 10).

4. Protruding building parts, such as bay windows, canopies, exterior stairs, and balconies, extend at most 1.2 meters in depth beyond the façade plane (Appendix I, Figure 11).

1. The boundary distance is the distance between the projected facade line and the property boundary (Appendix I, Figure 12).

2. The boundary distance is determined per facade and depends on the number of full stories as well as the building length or width, respectively. Penthouse floors are added to the relevant number of stories for facades with a setback of less than 2.00 m. Details are regulated by Appendix II.

2bis Municipalities may stipulate in their building regulations pursuant to § 1 paragraph 2 that within certain zones, sub-areas, or the entire municipal area, the regular boundary and building distances according to Appendix II may be reduced by a factor of up to 0.5, with the minimum boundary distance being 2.00 m.

3. Protruding building parts according to § 21ter paragraph 4 are not considered in the boundary distance.

4. For buildings that, according to their intended use, require a special height (churches, gymnasiums, barns, silos, etc.), the same boundary distances apply as for multi-story buildings of the same height.

5. The boundary distance for beehouses must be such that no nuisance arises for the owner of the neighboring property. It must be at least 4m. In inhabited areas, the distance from the flight holes must be at least 8m.

6. Underground constructions and below-ground constructions may be built up to the boundary if this does not impair the neighboring interests.

1. In the case of industrial and commercial buildings within the industrial or commercial zone, the boundary distance shall correspond to half of the façade height; it shall be at least 2 meters and at most 8 meters.

2. Opposite another zone, the boundary distance is governed by § 22. It shall be at least 10 meters, provided that the utilization of the corresponding structure is more than non-disruptive. This distance may be reduced by a maximum of 5 meters by projecting, non-supported canopies over gates and entrances. For the determination of the number of full stories, the measurements according to § 18 paragraph 1 apply.

3. If existing industrial and disruptive commercial buildings, which are not located in an industrial or commercial zone, are extended, the boundary distance of the extension buildings shall correspond to the façade height. It shall be at least 10 meters. If there is a similar structure on the neighboring property, paragraph 1 applies.

**1. If residential buildings are constructed in an industrial or commercial zone, the boundary distances as per § 22 shall apply to them.**

1. By mutual agreement between neighbors and with the approval of the building authority, the boundary distance specified in §§ 22-25 may be distributed unequally between the two adjoining properties. A building permit may only be issued if there is evidence that a corresponding easement has been entered in the land register, or under the condition precedent that the corresponding easement is entered in the land register at the start of construction.

2. A subsequent subdivision that violates the regulations on boundary distances may only occur with the consent of the building authority and with the simultaneous entry of a corresponding easement. The land registry office must inform the building authority of the intended subdivision.

1. Under the same conditions as for the reduction of building distance (§ 29), the building authority may permit a reduction of the boundary distance if the adjacent property cannot be developed through land reallocation or land exchange, or if it is in the interest of preserving groups of buildings worthy of protection (e.g., in core zones).

2. The affected neighbor is to be heard.

1. The building distance is the separation between the projected facade lines of two buildings. It corresponds to the sum of the boundary distances (Annex I, Figure 12).

1bis. On the same property, no building distance is required for ancillary structures, provided aesthetic, residential hygiene, and fire safety interests are observed.

2. Within an industrial or commercial zone, the building distance between two industrial or commercial buildings must correspond to the average facade height of the two buildings and be at least 4 meters.

3. The building distance regulations apply even if the boundary distance is distributed unevenly according to § 26.

4. If there is a building on the neighboring property with a boundary distance that is less than that specified by this regulation under old law, new construction may be erected with the boundary distance specified in this regulation, provided there are no opposing public interests.

1. The building authority may permit a reduction in the building distance if no significant public or neighboring interests are affected and the property could not otherwise be developed or not appropriately developed. Exceptions are particularly to be granted in order to preserve groups of buildings worthy of protection, notably in the core zone. The affected neighbor must be heard.

1. The building authority may, in agreement with the Solothurn building insurance and the cantonal labor inspectorate, permit exceptions to boundary and building distance regulations for industrial and commercial buildings with disruptive operations, and may subject these exceptions to stipulations and conditions. The stipulations and conditions can be noted in the land registry upon notification by the building authorities. Exceptions concerning a neighboring property's estate are only permissible if the neighbor grants a right of closer construction, which is to be registered as an easement in the land registry. Relative to another zone, the boundary distance according to § 24 paragraph 2 must be observed. Furthermore, the annotation is governed by § 299 EG ZGB.

1. If a corresponding easement agreement is concluded between the neighbors, the buildings may be constructed together as semi-detached or terraced houses. Sections 21 and 33 remain reserved.

**1. If neighbors agree on the construction of semi-detached or row houses, the first builder must place the fire wall at the property boundary. Until the adjacent building is constructed, the builder is solely responsible for the maintenance of the wall. If the neighbors build simultaneously, they may agree to place the fire wall on the boundary line.**

**2.** As long as the neighboring building has not been constructed against the fire wall, the building authority may, with the consent of the neighbor and the Solothurn Building Insurance, permit the temporary installation of windows and doors. When the neighboring building is constructed, the openings in the fire wall must be closed, unless an exception is agreed upon by the neighbor and the Solothurn Building Insurance. The installation of windows and doors may only be approved if proof of the notation of a corresponding undertaking in the land register is provided.

1. In municipalities that have introduced closed construction methods in the land use planning process, the builder is entitled and obligated to build up to the boundary, provided that this does not create conditions objectionable by health authorities for neighboring structures that were constructed under previous regulations with boundary setbacks in an open construction manner.

1. Building lines limit construction and are particularly used for securing existing and planned installations and areas, as well as for structural design (Appendix I, Figure 12).

2. Structures must maintain a distance from the zoning boundary that matches the respective boundary distance.

1. The construction area includes the buildable area, which is determined in a zoning procedure, deviating from clearance regulations and building lines (Annex I, Figure 13).

1. Calculable Site Area (cSA) shall include the site areas or parts of sites located within the corresponding building zone.

2. The areas of the access roads to houses shall be included.

3. The areas for basic, rough, and fine development (Appendix I, Figure 14) shall not be included.

1. The Building Coverage Ratio (BCR) is the ratio of the creditable building area (cBA) to the creditable land area.

Building Coverage Ratio = Creditable Building Area / Creditable Land Area

BCR = cBA / cLA

2. The creditable building area is considered to be the area within the projected façade line (Appendix I, Figure 15).

3. The municipality may establish minimum as well as maximum building coverage ratios.

1. The Green Space Ratio (GSR) is the ratio of the creditable green area (cGrA) to the creditable plot area.

Green Space Ratio = creditable green area/creditable plot area

GSR = cGrA/cPA

2. Creditable green area refers to natural and/or planted ground surfaces of a plot that are not paved and not used as storage areas.

3. Where usage ratios are not specified in the zoning regulations, the green space ratio in residential zones is at least 0.4.

1. The Floor Area Ratio (FAR) is the ratio of the sum of all floor areas (FA) to the eligible plot area.

Floor Area Ratio = Sum of all floor areas/eligible plot area

FAR = sFA/ePA

2. The sum of all floor areas consists of the following components

a) Main usable areas (MUA);

b) Ancillary usable areas (AUA);

c) Traffic areas (TA);

d) Construction areas (CA);

e) Functional areas (FA).

3. Areas with a clear height of less than 1.2 meters are not counted (Appendix I, Figure 16).

4. The municipality may establish not only maximum but also minimum floor area ratios.

1. The Building Mass Figure (BMF) is the ratio of the building volume above the relevant terrain (BVm) to the creditable land area.

Building Mass Figure = Building Volume above Relevant Terrain/Creditable Land Area

BMF = BVm/CLA

2. The building volume above the relevant terrain is considered to be the volume of the building structure with its external dimensions.

3. The volume of open building parts that are enclosed by closures (e.g., walls) by less than half is not counted (Appendix I, Figure 17).

4. The municipality may establish both maximum and minimum building mass figures.

1. In the development of a property, the floor space, development, and building mass indices can be calculated based on the total area by including neighboring properties within the same zone. The condition for this is that the properties must belong to the same owner or that the different owners have agreed by concluding an easement agreement.

2. The floor space, development, and building mass restrictions of neighboring properties must be secured in the form of an easement. The building authority may only grant the building permit if there is proof that a corresponding easement has been recorded in the land register, or under the suspensive condition that the corresponding easement is recorded in the land register at the beginning of construction. The building authority notes the transfer of use in the land register by referring to the specific easement agreement.

3. The minimum floor space, development, and building mass indices must not be undershot during the transfer.

1. Municipalities may stipulate in their regulations that, particularly in the case of site development projects and neighborhood renewals that encompass a contiguous area, the floor area ratio, development, and building mass indices may be exceeded by a certain amount determined by them (Bonus), if

a) the project is architecturally and residentially sound, adapted to the structural and landscape environment, and

b) the development is carried out simultaneously or at least in groups in stages.

2. In the same manner, they may provide a bonus for extensions and conversions of existing, zoning-compliant residential buildings that have no more than 2 floors and were constructed before January 1, 1991.

3. For buildings that exceed the statutory energy efficiency requirements by at least 20%, a bonus of 5% must be granted on the floor area, development, and building mass indices. From an improvement of 40%, this bonus amounts to 10%. With an improvement of 100%, this bonus amounts to 15%.

4. In calculating the floor area ratio, the areas of open buildings and building parts that are enclosed by walls or other similar structures by less than half, as well as the areas of bicycle sheds and cantilevered or protruding, even glazed but unheated balconies including similar seating areas on the ground floor and winter gardens underneath, are not counted.

5. All bonuses are measured from the basic usage and may not, in total, exceed the corresponding utilization index by more than 20%.

1. If a plot of land is to be divided, the land registry office must inform the building authority. The building authority determines, in the case of already developed plots as well as plots with approved building projects, to what extent the separated parcel has already been included in the calculation of the floor area, development, or building mass index, and adjusts the area for the separated parcel accordingly. The building authority records the adjusted area measurement in the land registry. At the same time, it checks compliance with the green space index. A subdivision that violates the green space index must not proceed.

1. In the construction of residential complexes and apartment buildings with more than six units, suitable playgrounds and recreation rooms for children must be created and maintained.

2. The play areas should be of appropriate size, but at a minimum, they must amount to 100 m².

3. The playgrounds must be designed to meet safety requirements concerning traffic and health. They should be laid out and equipped in a manner that adequately considers the needs of the users.

4. The building authority may also require play areas for existing buildings, if their creation is reasonable and there is a need.

5. Municipalities may establish more extensive regulations in their bylaws.

1. The parking spaces required or permitted for the respective use of motor vehicles shall be determined by the building authority.

2. The building authority may also order the provision of parking spaces for existing uses if this is necessary and reasonable.

3. The determination of the supply of parking spaces is based on the guidelines listed in Appendix III, the respective standard of the Swiss Association of Road and Transportation Experts, and any applicable municipal regulations.

4. The removal or change of purpose of parking spaces requires the approval of the building authority.

5. If the required parking spaces cannot or may not be constructed in a suitable location, the property owner must, according to the municipality's regulations,

a) either participate in a joint enterprise for the creation of parking space;

b) or pay a substitute fee pursuant to § 43 of the Property Owner Contribution Ordinance, which the municipality shall use for public parking spaces and public transport expenses.

1. When constructing residential communities and multi-family houses, suitable storage spaces for waste containers must be provided.

2. Moreover, municipalities can stipulate in their regulations that facilities for composting organic material must be established.

1. Unless otherwise determined by usage plans (building lines), constructions must maintain a distance of 6 meters from cantonal roads and 5 meters from other public traffic areas. These regulations also apply to underground constructions, below-grade constructions, renovations, and the reconstruction of demolished or destroyed buildings, but do not apply to structural facilities.

2. The street boundary is defined as the outermost line of public land according to the usage plan, insofar as the public land is required for the construction of roads, sidewalks, bicycle lanes, and other traffic facilities.

1. The land designated in the development plans for public transport facilities may not be built upon.

2. The competent authority can grant exceptions for provisional structures, such as garages, garden sheds, and similar constructions.

1. On existing streets or those included in the usage plan, subordinate structures such as bay windows, balconies, canopies, and conservatories may extend up to 2 meters beyond the building line, but must not protrude into the public street space. In doing so, traffic safety on the street and the walkability of the sidewalks must be ensured.

1. Enclosures must not be placed beyond the future boundary of a projected or planned road in the utilization plan. On cantonal roads, they may not exceed a height of 1.50m if they are located less than 3m from this boundary. Exceptions, particularly for the purpose of noise protection, are to be permitted if such measures are compatible with the local and street appearance.

2. On cantonal roads, a distance of at least 0.50m (shoulder) must be maintained between the edge of the roadway and the enclosure. The owner may request the acquisition of the strip of land created by repositioning the enclosure. Municipalities may establish similar regulations for municipal roads.

3. For terrain fills and excavations along public roads, the slope inclination must not exceed the ratio of 2:3. On the sidewalk side, 0.50m and on the road side 1m must be left free for a shoulder. The height of retaining walls is determined on a case-by-case basis by the building authority (see Appendix I, Figure 18).

4. Enclosures at public waters and forest edges must not impair the accessibility of the banks and forests.

1. The canton and the municipalities may designate visibility zones in their development plans to ensure clear visibility at road junctions, curves, and exits.

2. In the visibility zones, the clear view in the height between 0.50m and 3m must not be obstructed.

3. The provisions of the Road Traffic Ordinance remain reserved.

1. If properties adjoining cantonal or municipal roads are used for agricultural purposes, a verge of at least 0.50 meters in width along the road must not be plowed.

**1. The local building authority may grant exceptions to the provisions of this section if the conditions pursuant to § 67 are met.**

2. In the case of exceptional permits to reduce the building setback on cantonal roads, it shall first submit the building application to the competent district building office for a hearing. This office may file a complaint with the Building Department.

3. For matters outside the building zone, the Building Department is responsible for cantonal roads.

4. The exceptional permits may be granted with conditions and stipulations, particularly against a contractual obligation with or without waiver of added value, which can be noted in the land register upon application by the authority. Otherwise, for the annotation, § 299 EG CC applies.

1. Buildings may only be constructed on plots that have adequate access from a public street or a public square.

2. The building authority may prescribe the width and type of construction of access roads on a case-by-case basis.

3. On a building plot located on a main traffic road (usually cantonal roads), sufficient space must be kept available for the turning of a vehicle when the plot is directly accessed from such a road.

4. If garage and parking lot exits that lead onto public streets or squares have a slope, the rules contained in Appendix I, Figure 19 must be observed.

5. ...

1. New entrances and exits on cantonal roads and their expansion or significant increased usage may only be approved by the construction commission if

a) an appropriate access to the property is not otherwise possible, particularly if the municipal zoning plan does not provide for alternative access, and

b) the entrance and exit are designed correctly in traffic engineering terms and do not lead to any traffic hazards.

2. § 52 paragraphs 2 and 3 apply correspondingly.

1. Construction and materials of buildings and structural installations must be sufficiently strong, stable, and resistant to fire for their intended purpose. Buildings and structural installations must be constructed and maintained in such a way that they do not endanger people, animals, or property. They may only be erected at a safe location.

2. All building constructions must be executed in compliance with the minimum strength requirements of the standards of the Swiss Society of Engineers and Architects (SIA). If there is no SIA standard for a new building material, it may only be used based on a test certificate from the Swiss Federal Laboratories for Materials Science and Technology (EMPA) guaranteeing sufficient strength. For unusual constructions or difficult soil conditions, the building authority may require the submission of a structural analysis.

3. For buildings in areas with groundwater resources, the regulations of the water rights legislation are decisive.

1. Where necessary for safety reasons, snow guards must be installed on steep roofs.

1. Design and Thermal and Acoustic Insulation of Buildings

The design, thermal, and acoustic insulation of buildings must ensure that energy consumption is minimized and that residents as well as the neighborhood are not disturbed by excessive noise. Specifically, the provisions of environmental protection legislation and the standards of the Swiss Society of Engineers and Architects (SIA) apply.

1. The building authority may permit exceptions to the provisions of this regulation for renovations aimed at achieving improved energy efficiency, particularly for insulation purposes, if no significant public or neighboring interests are adversely affected and the improvement cannot reasonably be achieved otherwise.

2. The exceptional permit may be subject to conditions or stipulations, which can be noted in the land register upon notification by the building authority. Furthermore, the provisions of § 299 of the Civil Code as amended by the Introductory Act apply to the annotation.

1. Dwellings and workspaces must be designed in such a way that they meet the hygiene requirements and do not endanger the health of the users. In particular, they must comply with the requirements necessary to protect health with regard to room and window sizes, ventilation, dryness, and protection against cold, heat, and noise. They are to be equipped with the necessary ancillary rooms and sanitary facilities.

2. Living and sleeping rooms, as well as rooms in which regular work is performed, must meet the following conditions

a) Their average clear height must be at least 2.20m in the attic and habitable basement spaces, and at least 2.40m in other floors;

b)* They must have windows that are arranged to open and lead directly outside. The clear window surface must be at least 1/10, and at least 1/12 of the floor area in attics; in any case, it must be at least 0.60 m². The building authority may permit exceptions if adequate ventilation and lighting are ensured.

3. The clear height is the height difference between the top edge of the finished floor and the bottom edge of the finished ceiling or the beam level if the usability of a floor is determined by the beam level (Appendix I, Figure 20).

1. The building authority examines building applications for publicly accessible structures and facilities, as well as for multi-family houses with 6 or more apartments, to ensure compliance with regulations on barrier-free construction and imposes the necessary conditions and requirements.

2. In addition to federal law and the provisions of the Planning and Construction Act, the respective standard "Barrier-Free Buildings" serves as a guideline.

3. The building authority may consult with the specialist office for barrier-free construction when evaluating building applications.

1. Living, sleeping, and work spaces may only be occupied once they are equipped with the necessary connections and facilities, and the health of the users is not endangered.

1. The building authority may alter or remove buildings and structures that pose a threat to the health of persons or animals, provided that the danger cannot be eliminated in any other way. The Law on Legal Protection in Administrative Matters is applicable.

1. In the case of landfills or excavations, a slope must be constructed adjacent to the neighboring property. The slope angle must not have a height-to-base ratio greater than 2:3 (Appendix I, Figure 21).

2. At the boundary, a retaining wall with a maximum height of 0.50 m may be erected. Setback walls may exceed the slope line drawn from the boundary at a 2:3 inclination by a maximum of 0.50 m on the uphill side. On the downhill side, the shaped terrain must be no more than 0.50 m below the slope line drawn from the boundary (Appendix I, Figure 21).

3. Exceptions are permissible with the written consent of the neighbor.

**1. Buildings and Outdoor Areas**

1. Structures and outdoor spaces, such as streets, squares, and open areas, as well as their lighting, must be typologically integrated into existing structures while taking into account contemporary construction methods.

2. Volume, design, and shape must meet aesthetic standards and should promote the quality of the settlement.

1. Changes to the terrain shall be restricted to the absolute necessary minimum. Embankments may not exceed the definitive terrain by more than 1.2 meters on flat surfaces and by more than 1.5 meters on slopes (with an incline over 8%).

2. Exceptions to the restrictions in paragraph 1 include minor depressions along the facades of basement levels, such as individual house entrances and garage driveways, as well as light and ventilation shafts.

3. House entrances and garage driveways may not exceed one third of the respective facade length. However, their total length may not exceed 6 meters. In other areas, facades of basement levels below the facade line shall not be visible.

1. The creation of rock and gravel gardens, which do not qualify as creditable green space, is prohibited.

2. The planting of invasive alien plants as per Article 15 of the Ordinance on the Use of Organisms in the Environment (Release Ordinance, FrSV) of September 10, 2008, is prohibited. The government council shall designate further invasive alien plants in an ordinance, the planting of which is prohibited.

1. The building authority may only approve roof structures (such as dormers, lift structures), roof cutouts, and roof windows if they are architecturally satisfactory and there are no reasons related to townscape or monument protection opposing them. Spaces above the first roof floor should be illuminated as much as possible from the gable side.

2. The area of roof structures, roof cutouts, and roof windows must not exceed, when measured in elevation, more than 1/7 of the roof area (see Appendix I, Figure 22).

3. The areas of roof structures, roof cutouts, and roof windows should not generally exceed the minimum dimensions according to § 57 paragraph 2 letter b) for buildings in townscape conservation zones.

4. Paragraph 2 does not apply to solar collectors and solar cells. Restrictions on areas remain reserved in zones that are significant for the historical townscape.

1. Advertisements, billboards, and signs must not significantly disrupt the appearance of the local area, streets, or landscape through their number, size, or design, nor should they affect protected townscapes or individual buildings.

2. Advertisements that pertain to the properties on which they are placed (onsite advertisements) are generally to be mounted parallel to the building façades.

3. ...

4. The regulations of the federal road traffic law are reserved.

1. All construction work must be carried out in such a way that no danger is posed to persons or property.

2. In the course of construction work, all reasonable measures corresponding to the state of the art must be taken to avoid excessive impact on the neighborhood due to noise, dust, vibrations, etc., as well as the endangerment or pollution of bodies of water.

3. If deemed necessary, the building authority may require further details and documentation regarding the proposed construction method already during the building permit procedure.

4. The building authority may restrict the execution of noisy construction work to specific times, provided that mandatory regulations do not already exist on this matter.

5. The building authority is responsible for monitoring compliance with these regulations and any orders issued based on them.

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

1. Use of Public Grounds

The public grounds may only be utilized for deposits, scaffolding, and construction site installations with the written consent of the competent authority.

2. Access to Neighboring Property

Insofar as it is necessary for the execution of the construction or facility to enter or temporarily use the neighboring property, the neighbor must tolerate it. The builder is obliged to notify the neighbor of his project in a timely manner and to preserve the neighbor's property as much as possible. Full compensation must be provided for any damage. Disputes regarding the use of the neighboring property shall be decided by the civil judge.

1. Apart from the exemptions specifically mentioned in this regulation, the building authority may grant exceptions to certain provisions of this regulation in extraordinary circumstances if compliance would constitute an undue hardship and neither public interests nor protected private interests are violated.

2. Applications for any type of exemption must be published together with the building application.

3. Exceptions may include conditions and obligations that can be noted in the land register, upon the building authority's request, as a public-law property restriction (§ 138 PBG). Moreover, § 299 EG ZGB applies to the annotation.

1. Violations of the provisions of this ordinance or of individual orders issued based on it are punishable under § 153 of the Planning and Building Act.

1. The executive council may issue technical regulations within the framework of this ordinance, which serve to standardize building regulations and to rationalize the construction industry.

1. Municipal regulations are repealed insofar as they contradict this ordinance.

2. Until the revision of zoning plans, the existing provisions regarding utilization ratios (§§ 34 - 37, § 5 paragraph 1 letters h and k), basements (§ 17), roof conversions and penthouses (§ 17bis), building length (§ 21), boundary and building distances (§§ 22 - 25 and 28), height limitations (§§ 18 and 19), as well as Annexes I - III remain in force. The new provisions regarding the transfer of utilization ratios (§ 38), utilization bonus (§ 39), and parceling (§ 40) are to be applied correspondingly until the revision of the zoning plans.

3. Municipalities must adapt their zoning plans and regulations to the new law within 10 years.

1. If a building permit is legally binding at the time of the entry into force of this regulation, it shall remain valid even if the approved building or facility does not comply with the provisions of this regulation.

1a. Section 10 paragraph 1 of this regulation applies to building permits issued at the time of its entry into force on 7 July 2021, provided they have not yet expired pursuant to Section 10 paragraphs 1 and 2 of the KBV in the version dated 1 June 2018.

2. If no legally binding decision has been made on a building application at the time of the entry into force of this regulation, the provisions of this regulation shall apply.

3. The government council is authorized to establish transitional regulations for cases not covered in paragraphs 1 and 2.

4. The publication and objection period of 20 days according to Section 8 paragraph 1 shall apply to building applications published after the regulation amendment comes into force.

1. The provisions of this regulation regarding land register annotations require approval by the Federal Council to be valid.

1. The Government Council shall determine the date of entry into force of this Ordinance. From this date, deviating regulations, particularly the Standard Construction Regulations of October 28, 1959, shall be considered repealed.