Spatial Planning and Building Act (LATC) - Objectives (LATC)

1. The purpose of the law is to organize the planning of cantonal territory as well as the judicious and measured use of land, in accordance with the principle of subsidiarity, pursuant to the aims and principles of Articles 1 and 3 of the Federal Act of June 22, 1979, on Spatial Planning (hereinafter: LAT).

2. The law sets forth the rules intended to ensure the security, safety, and aesthetics of constructions.

1. The authorities ensure that the public is informed and involved in accordance with Article 4 LAT [A].

2. Planning projects that have a significant impact on the territory are subject to a participatory process.

1. Master plans and land-use plans, with the exception of minor modifications, must be prepared by a qualified person.

2. The qualification to prepare development plans is recognized for

a. persons registered in Register A or B of aménagistes (spatial planners) of REG (Swiss Register Foundation for Engineers, Architects and Technicians);

b. architects registered in REG A or B;

c. persons who possess in-depth knowledge in the field and who have proven their aptitude to resolve tasks related to spatial planning.

3. These persons must not be dependent, in their professional situation, on particular economic interests incompatible with the public interest.

1. The Council of State is the supervisory authority for spatial planning, building police, and the enforcement of federal legislation on secondary residences [B]. It issues the implementing regulations for the law and decides in cases of conflicts of competence between departments.

2. The department responsible for spatial planning and building police (hereinafter: the department) [C], subject to special tasks assigned to other departments or authorities, ensures the enforcement of laws, regulations, and plans relating to spatial planning, building police, and secondary residences.

3. The service responsible for spatial planning (hereinafter: the service)

a. is the competent authority according to Article 25, paragraph 2 LPTA [A] to decide whether projects located outside the building zone conform to the zone's designation or if an exemption can be granted;

b. ensures coordination between authorities regarding land use plans according to Article 25a LPTA; it proposes, if necessary, a balancing of interests to the approval authority;

c. is the cantonal service according to Article 31 LPTA;

d. is the competent authority within the meaning of Article 15 of the Federal Law of March 20, 2015, on secondary residences.

4. The municipality is responsible for ensuring compliance with legal and regulatory provisions, as well as plans concerning spatial planning and construction.

1. The Cantonal Consultative Commission for Spatial Planning may be requested by the Council of State, its departments, or municipalities to provide its opinion on any issue related to spatial planning, particularly concerning the development of localities, zoning plans, as well as the implementation of the cantonal master plan.

2. The commission is appointed for a term of 5 years by the Council of State, which specifies its organization in a regulation.

1. The State and the municipalities may levy fees from property owners

a. for all applications, authorizations, preliminary notices, in connection with building police matters;

b. for all decisions, services, expertises, related to an unlawful construction.

1. The cantonal master plan defines the development strategy of the canton and the implementation measures.

1. The Council of State establishes the plan in accordance with Article 6 and following of the LAT and submits it to a public consultation for 60 days.

2. It prepares and publishes a consultation report.

1. The State Council transmits the plan and the consultation report to the Grand Council.

2. The Grand Council adopts the plan. The latter may provide that certain parts can be modified by the State Council.

3. The State Council transmits the plan to the Federal Council for approval.

1. The cantonal master plan is binding for the authorities.

1. A cantonal zoning plan may be established in the following cases

a. for objects of cantonal importance;

b. when a municipality, after due notice, fails to establish or amend a zoning plan whose adoption or amendment is required by law; in this case, the municipality bears the costs.

2. Articles 22 to 33 and 45 are applicable by analogy.

3. The decision to establish a cantonal zoning plan is taken by the State Council. The preparation of the plan is led by the department, unless otherwise provided for in a special law.

1. Before the public inquiry, the department submits the plan to the municipalities of the affected communes and gathers their determinations.

1. The plan is subject to a 30-day public inquiry.

2. During the inquiry, the file is available for consultation at the department and in the municipalities whose territory is affected. Notice of this filing is given by posting on the public notice board and by insertion in the Official Gazette of the Canton of Vaud.

3. Objections and observations regarding the plan are submitted in writing at the place of the public inquiry or mailed to the address of the municipal clerk's office or the department during the inquiry period.

1. The service hears the opponents, upon their request, during a conciliation session. It may also hear them ex officio.

1. The department rules on the plan and on the objections through a reasoned decision.

2. The decisions of the department are subject to appeal before the Cantonal Court with full examination authority.

1. Master plans define the spatial planning strategy for the next fifteen to twenty-five years and the implementation measures.

2. They ensure the coordination of public policies having an impact on the territory.

1. One or more municipalities may establish a master plan covering all or part of the territory of one or more communes.

2. The establishment of a communal master plan is mandatory for communes located within a compact urban perimeter, for cantonal centers as well as regional centers, according to the list from the cantonal master plan.

3. An intercommunal or regional master plan may fulfill the obligation of the previous paragraph provided that the strategic part of the intercommunal or regional plan is adopted by the municipal or general councils of the concerned communes, with the operational part remaining under the competence of the municipalities of the concerned communes. The plan is approved by the Council of State. It is binding on cantonal and communal authorities.

4. The Council of State may set a deadline for communes that have not established a master plan in accordance with the previous paragraphs, when particular circumstances justify it.

5. The municipality submits the plan to a public consultation for at least thirty days. It prepares and makes public a consultation report.

1. Prior to the public consultation, any draft of a municipal or inter-municipal master plan is submitted by the relevant municipality or municipalities to the service for preliminary review.

2. Within a period of three months, the service provides an opinion on the legality of the draft and on its compliance with the cantonal master plan. It specifies, where applicable, which legal provisions or aspects of the cantonal master plan the draft does not comply with.

1. The municipal master plan is adopted by the municipal or general council and approved by the Council of State.

2. The inter-municipal or regional master plan consists of a strategic part, adopted and modified by the municipal or general councils of the concerned municipalities, and an operational part adopted and modified by the municipalities of the concerned municipalities. The plan must be approved by the Council of State.

3. They are binding on cantonal and municipal authorities.

1. The State and the relevant municipalities jointly establish a master plan within the compact perimeter of the urban area (urban area project) as defined by the cantonal master plan.

2. They jointly define a governance model for the establishment and implementation of the plan.

3. The plan comprises a strategic part, adopted and modified by the municipal or general councils of the municipalities concerned, and an operational part adopted and modified by the municipalities of the concerned municipalities. The plan is approved by the Council of State. It is binding on cantonal and municipal authorities.

4. In the presence of significant issues, the Council of State may render the master plan within a compact perimeter of the urban area binding for municipalities that have not adopted it.

1. The communal or intercommunal master plan is reviewed at least every fifteen years. It is revised when circumstances have significantly changed.

1. Municipal zoning plans regulate the use of land by defining zones across all or part of the territory of one or more municipalities.

2. The entirety of the municipal territory must be zoned.

1. Zoning plans are binding for the authorities and the property owners.

1. Land use plans comprise a plan and regulations. They establish prescriptions relating to

a. land use;

b. the degree of sensitivity to noise;

c. the measure of land utilization.

2. They shall contain all other provisions required by this Act, the cantonal master plan, or special legislation.

3. They may also contain other provisions concerning spatial planning and restrictions on property rights, provided that they are not contrary to the law and the cantonal master plan. In particular, they shall provide references to professional standards regarding parking. They shall provide, among other things, sufficient sports, play, or leisure areas, particularly for children.

4. In the elaboration and application of land use plans, the municipality shall promote the use of public transport.

5. For highly frequented facilities, accessibility by public transport must be guaranteed.

6. Buildings and facilities that generate high volumes of freight traffic shall be connected to the rail network.

7. Paragraphs 5 and 6 shall apply only to new constructions and provided that the connection is technically possible, reasonable, and without disproportionate costs.

1. The Council of State establishes, after consulting the Cantonal Advisory Commission on Territorial Planning, the concepts and measurement methods used in allocation plans for the purpose of technical harmonization.

1. Zoning plans are accompanied by a report in accordance with Article 47 of the Federal Ordinance of June 28, 2000, on Spatial Planning [D].

2. In addition to the requirements arising from the aforementioned article, the report demonstrates compliance with cantonal legislation and the cantonal master plan.

3. When it concerns a stage of urbanization and in the absence of a master plan addressing the issue, the report contains the development strategy for the subsequent stages.

1. Plans are reexamined at least every fifteen years. They are revised when circumstances have changed significantly.

1. The zoning plan, or a part thereof, is equivalent to a building permit or prior implantation authorization when it contains the elements of a building permit application or a prior implantation request. The construction police regulations are applicable to such a plan.

2. Construction must commence within five years following the enactment of the plan. After this period, a building permit application must be submitted for each construction project.

1. Building zones are defined in accordance with Articles 1, 3, and 15 of the Federal Act on Spatial Planning (LAT).

2. Building zones are allocated notably for residential use, industry, handicraft, commerce, public constructions and installations, as well as public and private facilities intended for culture, sports, tourism, and recreation; these types of allocations may be exclusive, priority, mixed, superimposed, or limited in time.

1. Agricultural zones are defined in accordance with Article 16 LAT [A].

2. Viticultural zones are agricultural areas designated for viticulture.

3. Specialized agricultural zones according to Article 16a LAT are defined in the allocation plans based on the criteria contained in the cantonal master plan.

1. The areas to be protected are defined in accordance with Article 17 LAT [A].

1. The plans may include other areas, according to Article 18, paragraph 1 LAT [A], notably those of the public domain intended for the creation of public spaces for vehicles and pedestrians.

2. They may provide for special zones intended for specific activities planned within the framework of the cantonal master plan.

1. The forest area as per Article 18, paragraph 3 LAT [A], is defined and protected by forest legislation [E].

1. Plans Are Established by the Municipality.

1. Before drafting a plan, the municipality invites and hears the affected property owners, unless it is a plan that applies to the entire territory of the municipality or to significant portions thereof.

2. The municipality may agree with the property owners on an allocation of the costs for establishing a land use plan.

1. Before drafting a zoning plan, the municipality submits a statement of intent to the department, which includes the perimeter and objectives of the proposed plan for preliminary review. During the drafting process, the municipality may submit preliminary designs or options to the department.

2. Within a period of three months, the department provides an opinion on the legality of the project and its compliance with the cantonal master plan.

3. In cases of minor importance, if no legally protected interest is affected, the department may decide that the preliminary review suffices as a comprehensive review.

1. Before a zoning plan is subjected to public inquiry, the municipality submits it to the department for preliminary examination.

2. Within a period of three months, the department provides an opinion on the legality of the project and its compliance with the cantonal master plan. It specifies, if applicable, which legal provisions or aspects of the cantonal master plan the project does not comply with.

1. Upon receipt of the service's notice and any potential modifications, the plan is subjected to a public inquiry for 30 days. The file is made available to the public and, as far as possible, published online. Notice of this deposit is given by posting at the public notice board and by insertion in the Official Gazette of the Canton of Vaud.

2. The affected property owners are notified by registered letter, except in cases where it is a plan applicable to the entire territory of the municipality or significant portions thereof.

3. Objections and observations which the project may cause are submitted in writing at the location of the inquiry or sent to the address of the municipal registry during the inquiry period.

1. In the event of collective observations or objections during public inquiries, the authors designate a common representative with whom they establish domicile. This representative is authorized to participate in all procedural acts on their behalf and for their account. In the absence of a designated common representative, the first signatory acts in that capacity.

1. At the conclusion of the public inquiry, the municipality or a delegation appointed by it invites the opponents to a conciliation session.

1. After the public inquiry, the plan may be modified by the municipality and submitted to a complementary inquiry in accordance with the forms and deadlines of Articles 37 and 38, if the modifications are likely to affect interests worthy of protection.

1. The municipality forwards the file to the communal or general council (hereinafter: the council) for adoption. It is accompanied by a notice with proposed responses to objections and the opinion(s) of the service according to Articles 36 and 37.

2. The council decides on the proposed responses to objections at the same time as it makes a decision on the plan.

3. When the council makes modifications to the plan that may harm protected interests, these are submitted to the service for prior examination, followed by a supplementary inquiry focusing only on the modified elements.

4. In the event of opposition, the council decides on the proposed responses to the opponents and on the modified elements.

1. The department approves the plan adopted by the council in terms of legality and its conformity with the cantonal master plan.

2. The decision of the department and the municipal decisions on objections are communicated in writing to the municipality and the objectors. These decisions may be appealed to the Cantonal Court with full power of review.

3. The service determines the entry into force of the plan.

1. Zoning plans that have not been adopted 24 months after the end of the public inquiry become null and void. This period does not run during proceedings before the courts.

2. Upon request from the municipality and in exceptional cases, the service may extend the period by 12 months.

1. In cases of minor importance and in the absence of infringement on protected interests, the service may exempt the municipality from a public inquiry and adoption by the council.

1. Municipalities or the department may establish reserved zones according to Article 27 LAT [A]. These zones prohibit or limit the buildability of land for a maximum period of five years, which can be extended by a maximum of three years.

2. The approval procedure is that of zoning plans.

1. The municipality may refuse a building permit when a construction project, although compliant, jeopardizes a planned modification of the plan that has not yet been submitted for public inquiry.

2. The authority in charge of the plan is required to submit it for public inquiry within 14 months following the decision to refuse the building permit, and then to adopt its project within 12 months following the conclusion of the public inquiry.

3. If these deadlines have not been met, the applicant may renew their application for a building permit. The municipality must then make a decision within 30 days.

1. The authority that refuses a building permit pursuant to Article 47 is liable for the damage caused to the applicant who, in good faith, incurred expenses to establish a project compliant with existing regulations. The action, initiated in the location where the property is situated, is subject to the procedure concerning material expropriation; it is subject to a one-year statute of limitations from the date the new plan comes into force.

1. The municipality shall deny any building permit that contravenes a plan from the moment a public inquiry regarding a zoning plan is initiated.

2. The authority responsible for the plan shall be obliged to adopt it within 12 months following the denial of the permit.

1. Land use planning measures and land improvements are coordinated.

2. The approval of a zoning plan may be contingent upon a land readjustment.

3. The provisions of the Land Improvement Act [F] are applicable, subject to the provisions of the present law.

1. The municipality may decide to release or transfer easements that are in contradiction with mandatory construction regulations or that hinder the rational use of land in the public interest, without a sufficient interest of the dominant landowner justifying them.

2. The Expropriation Act [G] is applicable.

3. The owner of the servient land pays a contribution corresponding to the benefit derived.

1. The municipality shall ensure the availability of land designated as building zones. It shall determine the measures.

2. To ensure the availability of land, the municipality may

a. subject a new designation as a building zone, specifically linked to the realization of a defined project, to the condition that the application for a building permit be filed within three years from the date the approval decision comes into force, and provide that, if this condition is not met, the land shall revert to its original designation, without further procedure. The municipal council may extend this period by two years;

b. when justified by public interest, particularly in case of scarcity, impose, in its regulations, for an undeveloped parcel of land, a construction deadline of 7 to 12 years, and in case of non-compliance, decide either to declassify the land concerned or to take the fiscal measures provided for in paragraph 4;

c. conclude administrative law contracts with owners, stipulating the terms of availability. Such contracts shall specify at least the construction deadline and the consequences of non-compliance with this deadline.

3. If the land is not built upon, is located outside the urbanized area, and is not necessary for construction within the next fifteen years, the municipality shall proceed with its change of designation.

4. If fiscal measures are applied by the municipality within the meaning of paragraph 2, letter b, the owner, who would be responsible for the non-construction of their parcel, must pay an annual incentive tax, the amount of which is determined in relation to the fiscal value of the land concerned, established by an appraisal no more than 5 years old. This tax is levied from the first year upon expiration of the construction deadline and corresponds to 1% of the fiscal value in the first year, then is increased by 0.5% in subsequent years. The rate shall not exceed 5% of the fiscal value.

5. If the fiscal appraisal indicated in the Land Register is more than 5 years old, the municipality shall request a revision of it from the department responsible for the fiscal appraisal of real estate.

6. The tax is levied by the municipalities. The proceeds of the tax are allocated to measures related to municipal spatial planning.

7. The tax is due by the owner of the property; in case of transfer, it is due by the acquirer and may be the subject of a real charge annotated in the Land Register, as well as, in case of non-payment, a guarantee in the form of a legal mortgage.

8. The tax provided for in this article may be invoked as an expense within the framework of the real estate gains tax (Art. 70 of the Cantonal Direct Tax Law [H]).

9. The tax ceases to be exigible from the first day of the public inquiry into the project.

10. If the construction is not completed by the expiration of the validity of the building permit within the meaning of Article 118, the tax shall again be exigible at the rate in force at the time of its last collection.

1. A plot of land in a building zone is deemed to be equipped when it is served in a manner adapted to the intended use and when it is possible to connect to it without disproportionate costs. Technical equipment includes the following networks

a. access roads;

b. water supply;

c. wastewater disposal;

d. energy supply.

2. General equipment consists of the main networks, and connection equipment consists of the secondary networks.

3. Individual equipment connects the land plots to the general or connection equipment.

1. The concerned communities shall proceed with the equipping of land situated in a building zone within the timeframe stipulated by their equipment program, if necessary, in a phased manner, within a maximum period of 10 to 15 years.

2. They may pass underground networks through the properties of others, subject to compensation for the owners. The law on expropriation [G] is applicable.

1. Property owners are required to contribute to the general equipment costs incurred by the municipality. Their financial participation is governed by special laws or by agreement.

1. Property owners are required to contribute to the connection costs incurred by the municipality. Their financial participation is governed by special laws or by agreement.

2. The municipality may transfer the obligation to carry out the connection equipment work, according to approved plans, onto the property owners.

1. Each building or group of buildings is connected to the network of equipment by its owner, who carries out the connection and maintains it at their own expense.

2. The municipality may establish the technical conditions for the connection to the equipment.

1. The service may subsidize

a. intercommunal master plans of regional importance, agglomeration projects and their adaptations, as well as the studies on which they are based;

b. spatial planning studies necessary for the elaboration of strategic planning of cantonal interest.

1. Subsidies are granted by the department to communes, associations of communes, federations of communes, and conurbations for the plans, their adaptations, and the studies mentioned in Article 58.

2. The subsidy rate may not exceed 50% of the costs. It is determined taking into account the degree of cantonal interest of the studies and projects.

3. The degree of cantonal interest is determined based on

a. the cantonal master plan;

b. other master plans;

c. the objectives and legislative program;

d. the importance of new knowledge that the canton may acquire in the field of spatial planning.

1. The service grants subsidies by decision or agreement.

2. The subsidy is granted for a limited period, which should in principle not exceed five years.

3. The service may impose charges and conditions.

1. The department ensures the monitoring and control of the grant.

2. The beneficiary must provide the department with all the information and documents necessary for the proper execution of its monitoring and control mission.

1. Failure to comply with the stipulated requirements and conditions results in the obligation for the beneficiary to repay all or part of the received grants.

1. The service grants, by decision or agreement, a non-repayable aid to the organizational structures of urban area territories to finance a maximum of 50% of the operating budget of their land planning offices.

2. The non-repayable aid is annual and renewed from year to year. It is reviewed every five years.

3. Articles 60 to 62 apply for all other matters.

1. The major advantages resulting from land use planning measures are subject to compensation in the form of a capital gains tax.

2. A significant increase in the value of a property is considered a major advantage constituting a capital gain when it results from

a. its classification as a building zone or special zone;

b. a change in the zone's designation or a modification of other zone regulations leading to an increase in building possibilities within the building zone.

3. The temporary classification of a property as a building zone, for example for the operation of a gravel pit or quarry, is exempt from the tax.

1. The levy rate is 20% of the capital gain.

2. The capital gain corresponds, in the cases provided for in Article 64, paragraph 2, to the difference between the market value of a piece of land before and after the entry into force of the land-use planning measure.

1. The following may be deducted from the capital gain amount

a. study costs within the meaning of Article 35;

b. costs of technical equipment and archaeological excavations;

c. costs arising from a land improvement syndicate;

d. the community infrastructure tax;

e. the amount used within five years for the acquisition and construction of a replacement agricultural building, intended for personal operation, when the capital gain results from the reclassification of the property as a building zone or special zone.

2. If the capital gain is less than CHF 20,000, the capital gains tax is not levied.

1. The proceeds of the tax shall be allocated to a fund managed by the department and intended, in addition to covering the costs related to the collection of the tax and the management of this fund, in the order of priority defined below

a. for the payment of compensation due in respect of material expropriation;

b. for measures for the protection and conversion of land into arable land;

c. for measures for the protection or enhancement of forests in the event of clearing.

2. In the event of a temporary cash shortage, the State shall advance the necessary resources.

1. The department issues a reasoned tax decision when the land use planning measure is enacted. This decision may be appealed to the Cantonal Tribunal.

2. The tax is owed by the owner of the property at the time the land use planning measure comes into effect according to Article 64, paragraph 2.

3. All owners or beneficiaries are jointly liable for the capital gains tax.

4. Public entities that own land subject to one of the land use planning measures provided for in Article 64, paragraph 2, are exempt from the capital gains tax when these lands are intended for the performance of public tasks that they carry out themselves. Public utility housing is notably considered as such.

5. The capital gains tax is noted in the land register at the request of the department.

6. The amount of the capital gains tax is considered a deductible expense from the basis of real estate gains tax.

1. The capital gains tax is due

a. 90 days after the building permit comes into force;

b. in the event of alienation of the property, or upon the conclusion of any legal act that may give rise to the collection of a real estate gains tax.

2. The collection of the capital gains tax is deferred in the event of transfer of ownership by succession, advancement of inheritance, or donation.

3. The collection of the capital gains tax is deferred in the event of archaeological excavations lasting more than 90 days.

4. The department renders a decision concerning the collection of the tax when the conditions provided for in paragraph 1 are met. This decision may be appealed to the Cantonal Court.

1. The right to proceed with taxation, according to Article 68, is subject to a statute of limitations of five years from the enforcement of the land-use planning measure.

2. The right to collect the tax, according to Article 69, is subject to a statute of limitations of five years from the time it becomes due.

3. The legislation on cantonal direct taxes [H] applies analogously with regard to the statute of limitations.

1. Restrictions on property rights resulting from a land-use planning measure entitle the owner to fair compensation if they constitute a significant disadvantage.

2. A significant disadvantage is considered to be any restriction on property rights resulting from a land-use planning measure equivalent to material expropriation.

1. He who considers that a restriction of his property rights within the meaning of Article 71 amounts to a de facto expropriation shall submit a compensation claim to the department, which shall render a decision.

2. This decision is notified to the Cantonal Tax Administration (CTA).

1. The compensation is paid by the State to the owner of the real estate at the time when the decision determining its amount becomes enforceable.

2. The compensation bears interest at a rate of 3% from the date on which the restriction of the property right took effect.

1. The decision setting the amount of compensation or rejecting the request may be subject to appeal before the Cantonal Court.

1. The right to request the payment of compensation expires one year from the date the measure leading to the restriction of property rights comes into effect.

1. Existing buildings that do not comply with the building zone regulations in force subsequently, relating to the dimensions of buildings, distance to boundaries, occupancy or use coefficient of land, or the designation of the zone, but do not encroach upon a construction boundary, may be maintained or repaired.

2. Their alteration within the limits of the existing volumes or their enlargement may be authorized, provided that it does not result in a significant impact on the development, character, or purpose of the zone. The works must not exacerbate non-compliance with the current regulations or the resulting disadvantages for the neighborhood.

3. Buildings that are in ruins or unusable and do not comply with the zone regulations mentioned in the first paragraph cannot be rebuilt. However, in the case of total accidental destruction dating back less than five years, the reconstruction of a building may be authorized in its original configuration, to the extent that a comparable volume cannot be erected on the parcel according to zone regulations. The second paragraph applies by analogy.

1. For all construction projects or changes to the purpose of an existing building or facility located outside the construction zone, the department decides whether they comply with the zone's use or if a variance can be granted. This decision does not prejudice the decision of municipal authorities.

2. When the building or facility complies with the zone's use or is mandated by its purpose, this authorization is granted provided that no overriding public interest opposes it and that the land is equipped.

3. The conditions set forth in this special authorization are included in the municipal authorization. The department may condition the construction authorization on the registration of a real estate charge or a note in the land register to ensure the maintenance and purpose of the building; the note may specifically concern the prohibition of subdividing the parcel concerned by the authorization.

4. The department may allow the use of agricultural residential buildings preserved in their substance for non-agricultural residential purposes. An extension of the habitable part may be admitted under the conditions set by federal law.

5. The department responsible for the application of agricultural legislation gives its opinion on construction projects and installations related to agricultural operations located outside the construction zone. It may assign all or part of the examination necessary for the preparation of the opinion to a qualified professional.

1. The department may authorize the complete change of use of buildings or installations deemed worthy of protection and placed under protection.

2. The following are deemed worthy of protection

a. buildings or installations listed in the inventory in accordance with the law on the protection of nature, monuments, and sites [I] or

b. those that present a local interest due to their architectural, landscape, historical, or cultural value which is preserved.

3. Protection may be ensured by

a. the zoning plan or

b. a decision of the department in charge of the protection of monuments and built sites.

4. The change of use must be adapted to the characteristics of the protected building and must not harm its surroundings. A modification of the exterior arrangements may be authorized. Other conditions set by federal law are reserved.

1. Article 80 is applicable by analogy to buildings affected by a building setback line, subject to the following reservations

a. The permit for partial transformation or enlargement works can only be granted provided there is a prior precarity agreement between the owner and the competent authority, by which the owner undertakes to waive, in case of expropriation, any claim for the added value resulting from the works; exceptions may be provided for by regulatory means;

b. The precarity agreement shall be subject to an entry in the land register specifying its scope; it shall be enforceable at all times against the owner, particularly in the event of material or formal expropriation;

c. Reconstruction encroaching upon a building setback line is not authorized.

1. Any subdivision or modification of the boundaries of a parcel, having the effect of rendering a construction non-compliant, is prohibited unless the application submitted to the land registry is accompanied by a requisition for notation signed by the municipality and having the effect of correcting the breach of zoning regulations.

2. The notation is accompanied by a scaled plan; it specifies the extent of restrictions on the parcels in question.

3. ...

1. The communal regulation may provide that underground or semi-buried constructions are not taken into consideration

- in the calculation of the distance to boundaries or between buildings;

- in the floor area ratio or floor space index.

2. This regulation is only applicable insofar as the profile and nature of the soil are not substantially modified and if no inconvenience to the neighborhood results therefrom.

1. To the extent that the municipal regulation provides for it, exemptions from the plans and the related regulations may be granted by the municipality if justified by reasons of public interest or objective circumstances. The granting of exemptions must not infringe upon another public interest or the overriding interests of third parties.

2. These exemptions may be granted on a temporary or permanent basis and may be accompanied by specific conditions and obligations.

1. The application for a derogation is subjected to a public inquiry under the same procedures as the application for a building permit (art.109).

1. The municipality ensures that constructions, regardless of their purpose, as well as the developments related thereto, present a satisfactory architectural appearance and integrate into the environment.

2. It denies permits for constructions or demolitions that may compromise the appearance and character of a site, locality, neighborhood, or street, or that may harm the appearance of a building of historical, artistic, or cultural value.

3. Municipal regulations must contain provisions to prevent the disfigurement of localities and their surroundings.

1. The municipality may require the exterior renovation and maintenance of the surroundings of any building that would harm the appearance of the landscape or neighborhood.

2. It may also require the execution of works which, without excessive costs to the owner, are likely to remedy the situation; it may also require the planting of trees or hedges.

3. It orders the demolition of abandoned constructions and structures that harm the appearance of the area, even if they do not endanger public safety.

4. In the event of non-execution within the prescribed period, the works are carried out by the municipality at the owner's expense.

5. The measures provided for in the preceding paragraphs may be taken by the department, in the absence of action by the municipality.

1. The Council of State manages a fund dedicated to the development of cantonal, regional, and communal territory, particularly to facilitate satisfactory solutions for the integration of constructions and the preservation of landscapes and sites.

2. ...

1. Any construction on land that does not possess sufficient solidity or is exposed to special hazards such as avalanches, landslides, flooding, or land subsidence is prohibited until works deemed necessary by experts to consolidate the land or eliminate these hazards have been executed; the construction permit does not engage the responsibility of the municipality or the State.

2. Construction plans requiring strength calculations must be prepared by an engineer; the same applies to foundation plans and any other part of the construction when it presents special hazards.

1. The cantonal regulation establishes the standards applicable to various types of constructions and materials used, with the aim of ensuring the stability, solidity, and healthiness of the constructions and guaranteeing the safety of the inhabitants and the workers during the execution of the work. Federal law is reserved.

2. The cantonal regulation also establishes the standards regarding sound and thermal insulation, ventilation, lighting, and heating of premises.

3. Professional standards in use are taken into account.

1. The land designated for construction must be recognized as healthful.

2. Necessary measures must be taken to prevent any infiltration from the construction, the subsoil, or the neighboring area.

1. The municipality orders the consolidation, or where necessary, the demolition of any structure that is at risk of collapsing or poses a danger to the public or residents.

2. The measures prescribed by the municipality are communicated in writing to the owner and the tenant or occupant. The municipality designates the person responsible for them and sets the deadline for execution.

3. In case of emergency or if the ordered works are not carried out within the given timeframe, the municipality will have them performed at the owner's expense.

4. In the event of municipal default, the department may take the measures provided for in paragraphs 1 to 3.

1. The municipality conducts building inspections whenever it deems necessary, as well as upon the justified request of owners, tenants, or doctors in particular; the owner and the persons who requested the inspection shall be notified. The municipal regulation may prescribe periodic inspections.

2. When a building is deemed unsanitary or dangerous and the owner does not take measures to remedy the situation within the allotted time, the municipality orders the evacuation and revokes the occupancy permit.

1. The construction of premises and facilities accessible to the public, as well as collective residential buildings and buildings intended for professional activity, must be designed with consideration, to the greatest extent possible, for the needs of disabled or elderly persons, particularly those who use a wheelchair.

1. The cantonal regulation, taking into account the relevant standards, establishes the measures concerning access to buildings, the free passage width of doors and necessary clearances, as well as the provisions to be made for certain premises or installations such as kitchens, sanitary facilities, or elevators.

1. During significant conversion or modification of the construction elements mentioned in Article 95, the measures outlined in this article are applicable if the condition of the building, its structure, and its internal organization allow it without disproportionate costs.

1. Master plans take into account the rational use of energy.

2. In the development and implementation of zoning plans, the municipality promotes the rational use of energy and the use of renewable energies.

3. The additional surface or volume of construction elements intended to meet insulation and ventilation requirements exceeding current standards are not taken into account when calculating the floor area ratio or land use coefficients and building height.

4. New or renovated buildings achieving energy performance significantly above current standards benefit from an additional 5% bonus in the calculation of the floor area ratio or land use coefficients.

5. Solar collectors installed on the ground are not considered in the calculation of the floor area ratio and may be erected in the regulatory space separating constructions from the property boundary, provided they do not exceed three meters in height on the natural ground and do not cause harm to the neighborhood.

6. New peripheral insulation of an existing building may be placed in the regulatory space separating constructions from the property boundary.

1. No construction or demolition work, whether above or below ground, that significantly alters the configuration, appearance, or intended use of a plot of land or a building, may be carried out before having been authorized. Articles 69a, paragraph 1, and 72a, paragraph 2, are reserved.

2. The following are not subject to authorization

constructions, demolitions, and installations of minor importance that are not used for housing or professional activity and whose use is linked to the occupation of the main building; minor external developments, excavations, and earthworks; constructions and installations erected for a limited duration.

The cantonal regulation specifies the objects not subject to authorization.

3. The works described under letters a to c of paragraph 2 must meet the following cumulative conditions

a. they must not prejudice a preponderant public interest, such as the protection of nature, landscape, sites, and historical monuments, or private interests worthy of protection, such as those of neighbors;

b. they must not have an influence on infrastructure and the environment.

4. Construction or demolition works must be announced to the municipality. They may not commence without the municipality's decision.

5. Within thirty days, the municipality shall decide whether the construction or demolition project requires authorization. It shall consult the department responsible for spatial planning and building police for projects located outside the building zone, and the department responsible for historical monuments for buildings listed in the inventory or that present a local interest due to their architectural, landscape, historical, or cultural value which is to be preserved.

6. The following are not subject to authorization

a. objects not falling under cantonal sovereignty;

b. objects exempted from authorization by special cantonal legislation.

1. In the case of demolition or transformation works requiring authorization and involving buildings constructed before 1991, the applicant shall attach to their application a report on the presence of asbestos covering the entire building. If this substance is present, depending on its quantity, location, and form, the applicant must also include a remediation program.

2. The municipality shall ensure that the diagnosis and remediation are carried out in accordance with the standards issued in this matter by the state department in charge of buildings.

3. Subject to the approval of the owner (or applicant), the results of the asbestos reports shall be made public and updated on the Internet.

1. Before issuing the permit, the municipality ensures that the project complies with legal and regulatory provisions and with legalized or developing zoning plans.

2. It verifies whether the necessary preliminary cantonal and federal authorizations have been issued.

3. It only grants the building permit when the property is equipped for construction or will be by the completion of the construction, and when equipment using another’s property is supported by a legal title.

4. The permit is personal. The municipality must be notified without delay in the event of a change of holder.

1. The department may appeal within the legal time frame against a decision granting a building permit in accordance with Articles 103 and following, or adopting a neighborhood plan of municipal competence.

1. The municipality, or alternatively the department, has the right to suspend and, if necessary, remove or alter, at the owner’s expense, any work that does not comply with legal and regulatory requirements.

2. Cantonal and federal penal provisions are reserved.

1. The plans for any construction submitted for public inquiry, except for constructions of minor importance, must be drawn up and signed either by an architect or by an engineer for the specific plans within his specialty.

1. The qualification of architect is recognized

- for holders of diplomas from the Federal Institutes of Technology in Lausanne and Zurich or the School of Architecture in Geneva, as well as for graduates benefiting from an equivalence confirmed by the department;

- for holders of diplomas from the Higher Technical Schools (ETS);

- for persons registered in the Architects' Register A or B of the REG (Swiss Foundation of Registers for Engineers, Architects and Technicians).

2. ...

3. ...

1. The title of engineer is recognized

* to holders of a diploma from the Federal Institutes of Technology in Lausanne and Zurich, as well as to graduates benefiting from an equivalency established by the department;

* to holders of a diploma from the Higher Technical Schools (ETS);

* to persons registered in Register A or B of Engineers of the REG (Swiss Foundation of Registers of Engineers, Architects and Technicians).

2. The title of cadastral engineer is recognized to persons who have obtained the federal patent for cadastral engineer.

1. The application for a permit is submitted to the municipality. It is signed by the person who is executing the work and, if the work is to be performed on another's property, by the owner of that property. It specifies the required deviations and the regulatory provisions on which they are based.

2. The cantonal regulation and the municipal regulations determine, for the various modes of construction and categories of work, the plans and documents to be submitted with the application, as well as the number of required copies. The application is not considered duly filed until these requirements are met.

3. The municipality, or the department if applicable, may require the profiling or photographic montages of the proposed construction, at the expense of the person requesting the permit.

1. The permit application is published for public inquiry by the municipality for thirty days.

2. The notice of inquiry is posted on the public notice board, published in a local newspaper, in the Official Gazette of the Canton of Vaud, and on the official website of the State of Vaud; it precisely indicates the owner, the author of the project as per Article 106, the location of the proposed works, and, if it is a building, its intended use, as well as any requested exemptions.

3. The municipal regulations may additionally require the installation of a panel indicating the subject and the dates of the public inquiry.

4. Reasoned oppositions and observations on the project must be submitted in writing to the municipal registry within the inquiry period, during which they can be consulted by all interested parties.

5. In the case of collective observations or oppositions, the participants must designate a common representative with whom they elect domicile. They authorize this representative to participate on their behalf in all procedural acts. In the absence of a designated common representative, the first signatory will replace them.

1. The department may also submit observations or an opposition concurrently with the communication of the cantonal decision to the municipality for projects requiring special authorization according to Articles 120 to 123.

1. The municipality may exempt minor projects from the public inquiry, particularly those mentioned in the cantonal regulation.

1. The municipality submits the file as soon as possible to the health and safety commission, which issues a reasoned opinion.

1. In the cases provided for in Article 120 and in all those where cantonal authorization or approval is required, the municipality transmits the application for authorization and the accompanying documents to the relevant departments before the commencement of the public inquiry. It may accompany them with a preliminary notice.

2. Once the inquiry period has expired, any objections or observations arising from it are immediately communicated to the relevant departments.

1. Within forty days from the filing of the permit application in compliance with legal and regulatory requirements, and the accompanying documents, or from the completion of profiling if it was required after the permit application, with the period reduced to twenty days if there was no public inquiry, the municipality is required to make a determination by granting or denying the permit.

2. ...

3. When cantonal authorization or approval is required, the time limits outlined in the first paragraph commence only upon receipt of the cantonal decision.

4. If the period expires without the municipality having made a decision, and upon a written request from the applicant for authorization, the department sets a final deadline of ten days for the municipality to make a determination; if the municipality does not decide within this period, the department makes a decision on the permit application within the following twenty days.

1. The refusal of the permit, with reference to the invoked legal and regulatory provisions, is communicated to the applicant by registered letter.

2. The decision further specifies the avenue, method, and time limit for appeal.

1. The authors of substantiated objections or observations are notified of the decision granting or refusing the permit, with an indication of the legal and regulatory provisions invoked when the objection is dismissed.

2. For objections, the notice, sent by registered mail, further specifies the means, method, and deadline for appeal.

1. When it requires minor modifications, the municipality may issue a building permit conditional upon these modifications being made to the project.

1. The building permit is void if, within a period of two years from its date, construction has not commenced.

2. The municipality may extend its validity for one year if circumstances justify it.

3. The building permit may be revoked if, without sufficient reasons, the execution of the work is not pursued within the usual time limits; in such a case, the municipality or, failing that, the department may require the demolition of the structure and the restoration of the land, or in the event of non-execution, may carry it out at the owner's expense.

4. The expiration or revocation of the building permit automatically results in the cancellation of cantonal authorizations and approvals.

1. Any person intending to undertake construction work may request a preliminary siting authorization prior to the project being submitted for public inquiry. Articles 108 to 110 and 113 to 116 are applicable.

2. The preliminary siting authorization expires if, within two years from its issuance, it is not followed by a building permit application.

3. The authorization only covers elements subject to the prior public inquiry.

1. Notwithstanding the preceding provisions, the following may not be constructed, reconstructed, enlarged, transformed, or have their purpose modified without special authorization

a. constructions outside building zones;

b. constructions and works requiring specific protective measures against fire and explosion hazards as well as against damage caused by natural forces;

c. subject to paragraph 2, constructions, works, undertakings, and public or private installations that are of general interest or are likely to harm the environment or create a danger or risk inherent to their presence or operation, and which are listed in an appendix to the cantonal regulation; this list, an integral part thereof, indicates the department competent to grant or refuse the required authorization. The Council of State may delegate these authorizations to the communes, with or without conditions. A general delegation to the communes shall be subject to a regulation. Delegations to one or more specific communes shall be subject to decisions which shall be published in the Official Gazette (Feuille des avis officiels);

d. constructions, works, installations, and equipment subject to authorization or requiring approval under federal or cantonal statutory or regulatory provisions.

2. Environmental impact assessments for installations planned for establishment in a building zone or special zone and not mentioned in the list appended to the cantonal regulation shall be carried out within the framework of the building permit procedure.

1. The following are competent

a. the department for constructions provided for in Article 120, letter a;

b. ...

c. the departments designated in the list of categories of establishments and constructions provided for in Article 120, letters b and c, subject to a delegation of competence to the communes;

d. the authority designated in special legal and regulatory provisions (Article 120, letter d).

1. The application, accompanied by the necessary plans and descriptions, is submitted in writing to the municipality. It is attached to the building permit application, in the form provided for in Articles 109 and following.

2. The cantonal decision must be made within thirty days from the receipt of the complete file by the State. This deadline may be extended under special circumstances, as defined in the cantonal regulation.

1. The authority seized renders a decision, without prejudice to the provisions relating to plans and municipal zoning regulations, on the conditions of location, construction, installation, and, if necessary, on the monitoring measures.

2. It imposes, if appropriate, measures to ensure health and safety as well as to preserve the environment.

3. The cantonal decisions, including the time limits and means of appeal, are communicated to the municipality, which notifies them according to Articles 114 to 116. A copy of the notification is sent to the department.

1. The municipality may require that the management of the works be undertaken by a professionally qualified representative.

2. This right is also granted to the authorities issuing the special permits provided for in Articles 120 and following.

1. The project owner is required to notify the municipality and the Cantonal Insurance Institution against Fire and Natural Elements of the commencement and completion of all work subject to a building permit.

1. Regulations may provide for interim notices as work progresses.

1. The municipality orders the suspension of work whose execution does not conform to the approved plans, legal and regulatory provisions, or the rules of the art of building.

1. No new or modified construction may be occupied without the authorization of the municipality. This authorization, given in the form of a permit, can only be issued if the conditions set by the building permit have been met and if the execution corresponds to the plans submitted for investigation. The opinion of the health commission is required.

2. The municipality decides within fifteen days from the submission of the permit application.

3. The permit does not confer, for industrial enterprises and those non-industrial enterprises presenting significant risks under the federal labor legislation, the right to operate.

1. The cantonal regulation sets the conditions that a construction must meet to be granted a permit to inhabit or use.

1. Anyone who violates this law, the implementing regulations whether cantonal or communal, or decisions based on these laws and regulations, is liable to a fine ranging from two hundred francs to two hundred thousand francs. The prosecution takes place in accordance with the law on contraventions.

2. The prosecution occurs without prejudice to the right of the authority to demand, depending on the circumstances, the removal or modification of work not conforming to legal and regulatory requirements and, in cases of non-compliance, to have the work executed at the owners’ expense. The occupancy or usage permit may also be withdrawn.

3. The municipality or the appellate authority may serve an order to demolish or modify the work under the threat of the penalty of the fine provided in Article 292 of the Swiss Penal Code.

1. All other penal provisions, both federal and cantonal, remain reserved.

1. Claims of the authority based on this law, particularly in Articles 52, 55, 56, 64, 87, paragraphs 4 and 5, 92, paragraphs 3 and 4, 105, paragraph 1, 118, paragraph 2, and 130, paragraph 2, are secured by a legal mortgage in accordance with the Vaud Private Judicial Law Code [L].

2. A mortgage exceeding one thousand francs is registered in the land registry upon the request of the competent authority, indicating the name of the debtor, the encumbered properties, and the duration of the guarantee. The request is accompanied by a copy of the notice of the amount to be collected, certified as true to the original, as well as, if applicable, the decisions made by the appeals authority.

3. The legal mortgage is registered in the land registry for declaratory purposes, solely upon the request of the department.

1. Upon the entry into force of this law, the State Council shall establish a list of municipalities whose zoning plans and regulations in force comply with the provisions of said law.

2. Simultaneously, it grants municipalities, whose zoning plans do not comply with the law or who do not have a zoning plan, a period that may extend up to two years at most, depending on the case, to adopt a plan meeting legal requirements. After this period, the State may proceed in accordance with Article 45, paragraph 2, letter d.

1. In municipalities with a land-use plan and regulations that do not conform to the provisions of the law, such plan and regulations shall apply with the following restrictions

a. in building zones, the department may object to the issuance of a building permit if it concerns a manifestly oversized zone that does not meet the criteria of Articles 48 and 51; in such a case, the State must, within three months following its objection, submit a reserved zone for public inquiry;

b. outside building zones, particularly in zones without special designation, the issuance of any building permit is subject to the prior authorization of the department, which shall decide in accordance with Articles 81 and 120, letter a.

1. The territories or fractions of territory of a municipality not yet governed by a land-use plan or regulation comprise, by operation of law, the locality perimeter and the agricultural territory.

2. The locality perimeter is the area delimited by a line encompassing, at a distance of fifty meters, the outermost buildings of a locality (city, village, or hamlet). Within this perimeter, constructions are authorized according to the following rules

a. wherever existing buildings are constructed in a contiguous order, this order shall be maintained;

b. where a contiguous order does not exist, a non-contiguous order is mandatory; the distance to the boundary of the neighboring private property may not be less than five meters;

c. regardless of the order of constructions, these may not comprise more than three habitable levels, nor exceed a height of eleven meters at the cornice.

3. The territory outside the perimeter of a locality is referred to as agricultural territory. Only the following constructions are authorized therein, without limitation of height or length, though the distance to the neighboring property boundary may not be less than three meters

a. constructions related to cultivation, land exploitation, and livestock farming;

b. dwelling constructions for the operator, their family, and their staff;

c. constructions and installations of public interest or essential for a public service.

4. Any building permit is subject to the prior authorization of the department. Within the locality perimeter, this authorization is only granted if the project is compatible with the major requirements of spatial planning. In the agricultural territory, Article 134, letter b, applies.

1. Notwithstanding Article 48, paragraph 3, the provisions of municipal regulations in force at the time of the entry into force of this law, which allow for the consideration of areas not classified as building zones for the calculation of land occupancy and use coefficients, shall remain applicable during a transitional period of five years. This transitional provision applies only to the parcel status existing at the time the law comes into force.

1. The amendment of Articles 109, 114, and 120 of the law applies to all projects submitted for public inquiry after the entry into force of this amendment.

1. The modifications related to the procedure for adoption and approval of land use plans do not apply to plans that have already been adopted by the municipal council, in the case of municipal land use plans, or that have been approved by the department, in the case of cantonal land use plans.

1. The department in charge of territorial development and construction police approves municipal and cantonal zoning plans and rules on appeals against municipal decisions on objections in accordance with the transitional provisions of Article 3 of the law of March 4, 2003, amending the LATC.

2. The department in charge of internal affairs rules on appeals against cantonal zoning plans in accordance with the transitional provisions of Article 3 of the law of March 4, 2003, amending the LATC.

1. The 24-month period following the conclusion of the public inquiry for the adoption of zoning plans under penalty of lapse according to Article 44 begins to run from the date of entry into force of said provision.

2. The provisions relating to the compensation for the increase in value apply only to the plans approved after the date of entry into force of said provisions.

3. The provisions related to compensation for material expropriation apply only to the plans approved after January 1, 2017.

4. The procedures and land improvement associations already established and which have already proceeded to submit their new status for inquiry, or whose owners have formally accepted the new status, at the time of the entry into force of this law, are excluded from Chapter I of Title VII.

1. The provisions relating to compensation for physical expropriation apply to compensation claims submitted after the effective date of said provisions, as well as to claims pending before the courts.

2. Compensation claims within the meaning of Articles 71 to 73 that are pending at the time of the entry into force of this law are transferred to the department.

1. The Law of February 5, 1941, on Construction and Land Development is repealed.

1. The Council of State is responsible for the execution of this law. It shall publish the text in accordance with Article 27, number 2, of the Cantonal Constitution and shall determine, by decree, the date of its entry into force.