Art. 28 Act on Aid to Asylum Seekers and Certain Categories of Foreigners (LARA) - Principle [ 5, 6 ]

1. Asylum seekers are generally accommodated in reception centres or apartments.

2. In the event of a massive and unexpected influx of asylum seekers, in order to accommodate the persons referred to in Article 2, the department in charge of asylum may

a. have temporary reception centres installed or constructed;

b. order the opening of civil protection shelters. In principle, asylum seekers should not stay more than six months in such a structure. Women, minors, and persons with health issues are generally not accommodated there.

3. In the case provided for in paragraph 2 letter a, the building permit is issued by the department in charge of spatial planning. The provisions of the Spatial Planning and Construction Act relating to building permits are furthermore applicable.

4. The department in charge of spatial planning may, if necessary, grant temporary derogations from the provisions of the LATC, its implementing provisions, and municipal regulations for a period of five years, which may be extended once by three years, concerning

a. the use of existing buildings;

b. construction standards;

c. the zoning, provided it is a building zone within the meaning of Article 15 LAT.

4bis. The absolute period of eight years referred to in paragraph 4 applies from the entry into force of this Act. Applications for temporary derogations pending with the department in charge of spatial planning at the time of the entry into force of this Act shall be processed according to the new law. Those granted under the old law may be renewed for a period of up to three years, which may be extended for a cumulative maximum period of eight years.

5. Decisions taken under paragraphs 3 and 4 shall ensure the safety and healthiness of persons.

6. The department in charge of spatial planning issues the occupancy permit.

7. The Establishment shall consult the concerned parties beforehand, particularly the municipalities, regarding projects for temporary reception centres.

7bis. The Establishment shall coordinate with the concerned municipalities during the implementation of the opening of temporary reception centres.

8. Decisions of the department in charge of spatial planning are subject to appeal. Any appeal shall not have suspensive effect.

9. Paragraphs 3 to 8 also apply if, following a massive and unexpected influx of asylum seekers, the canton or municipalities are compelled to install or construct temporary school infrastructures. In such cases, the positive opinion of the department in charge of education is required.

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