700.11
LATC
CH-VD
CH-VD
Art. 80 Spatial Planning and Building Act (LATC) - Non-Conforming Existing Buildings with Zoning Regulations
Title VIII
Art. 80 LATC · Non-Conforming Existing Buildings with Zoning Regulations
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.
Court Decisions Applying This Provision (264)
AC.2024.0143 · vd (Art. 80 LATC)
Municipal Building Permit Confirmed Against Zoning and Heritage Challenge
The core reasoning for dismissing the appeal was that the revised project (without the disputed technical room) no longer aggravated the non-compliance with distance regulations, and the project does not constitute a sensitive impairment to the character or development of the zone under Art. 80 para. 2 LATC.
AC.2024.0123 · vd (art. 80 al. 2 LATC)
Building Permit Refusal Upheld Due to Aggravation of Zoning Violations
The appeal was rejected because the planned extension aggravated the violation of existing regulations concerning building distances and dimensions, as assessed under this provision.
AC.2024.0210 · vd (Art. 80 al. 2 LATC)
Neighbors' Appeal of Farmhouse Expansion Permit Dismissed
The court confirmed the municipal authorization based on the finding that the enlargement was compliant with this article concerning the aggravation of harm to neighbors.
AC.2023.0236 · vd (art. 80 al. 2 LATC)
Neighbors v. Municipality Regarding Winery Expansion Setback Violation
The work projected violated cantonal law, specifically this article concerning the aggravation of the encroachment on regulations regarding distances to property lines.
AC.2022.0194 · vd (art. 80 LATC)
Annex Conversion Permit Annulled Due to Height and Access Violations
Used to find that the project did not comply with the regulations because the large dormer aggravated the breach of the regulation concerning building height.
AC.2023.0115 · vd (Art. 80 al. 2 LATC)
Appeal Against Building Permit for Villa Expansion and Annexes
The appeal was admitted based on the violation of this article concerning the technical room, as it was deemed an extension of the existing building that aggravated the breach of distance rules to the detriment of the neighbors.
AC.2022.0412 · vd (art. 80 al. 2 LATC)
Appeal Against Building Permit for Villa Transformation Due to Zoning and Habitable Space Violations
The court found that the planned increases in built surface aggravated the violation of the maximum authorized surface, leading to the annulment of the decision.
AC.2022.0245 · vd (art. 80 al. 2 LATC)
Appeal Against Building Permit for Historical Center Expansion
The violation of art. 8 RCVV was also found to constitute an aggravation of the violation of this provision regarding the transformation of non-conforming buildings.
AC.2022.0151 · vd (art. 80 al. 2 LATC)
Property Owner v. Municipality (Construction Permit Refusal)
The appeal was admitted because the project qualified as a 'transformation' under this provision, not an outright reconstruction.
AC.2022.0179 · vd (Art. 80 LATC)
Neighbors v. Municipality Regarding Building Permit for Villa Transformation
The appeal was admitted because the project aggravated the breach of the distance-to-boundary regulations under Article 80 para. 2 LATC.
AC.2021.0074 · vd (art. 80 LATC)
Residents v. Municipality: Annulment of Building Permit Due to Insufficient Traffic Noise Justification
The court examined the project based on this article, which governs transformations of non-conforming existing buildings.
AC.2020.0263 · vd (art. 80 LATC)
Appeal Granted Against Car Wash Permit in Villa Zone
The appeal was admitted because the project contravenes the rule regarding existing buildings on non-conforming plots, specifically due to a significant impact on the zone's destination and aggravated nuisances.
AC.2021.0202 · vd (art. 80 al. 2 LATC)
Barn Conversion Permit Appeal Partially Granted Over Outbuilding Dwelling Conversion and Skylight Placement
The court used this provision to annul the authorization for the transformation and enlargement of dependency no ECA 81 into a two-story apartment because it constituted an aggravation of the breach of current regulations.
AC.2021.0049 · vd (art. 80 de la loi vaudoise du 4 décembre 1985 sur l'aménagement du territoire et les constructions (LATC; BLV 700.11))
Chalet Demolition and Reconstruction in Water Protection Zone S2
Cited in the reasoning regarding the interpretation of restrictions in water protection zones, particularly concerning buildings in built-up zones that have become non-compliant.
AC.2019.0105 · vd (art. 80 LATC)
Appeal Against Municipal Construction Restriction in Reserved Zone
Cited as the potential legal regime for the parcels if maintained in the building zone but non-conforming to new rules.