Ordinance on Buildings (OC) - Purpose and Scope (BAUV)

1. The Building Ordinance (BauV) contains the implementing provisions for the Building Act of February 13, 2025 (BauG), insofar as no special laws and associated implementing provisions exist for that purpose.

2. The ordinance aims to enforce building law and maintain public order in the construction sector for the entire territory of the canton.

1. Utilization Rate x 1.333 (but at least 0.5) = Floor Area Ratio (FAR)

| Utilization Rate (Art. 13 Building Act and 5 ff. Building Ordinance 1996) | Floor Area Ratio (FAR) (Art. 18 Building Act 2016 and 13 ff. Building Ordinance 2017) |

|---|---|

| ≤ 0.35 | 0.5 |

| 0.40 | 0.53 |

| 0.45 | 0.60 |

| 0.50 | 0.67 |

| 0.55 | 0.73 |

| 0.60 | 0.80 |

| 0.65 | 0.87 |

| 0.70 | 0.93 |

| 0.75 | 1 |

| 0.80 | 1.07 |

| 0.85 | 1.13 |

1. This Regulation shall apply from its entry into force, subject to the provisions of this Chapter. From its entry into force, all decisions shall be made in application of this Regulation.

2. Until the KBZR are amended in accordance with Article T1-1 paragraph 2

a) the utilization ratio under the old law shall be replaced by the floor area ratio (GFZ). A table in Appendix 1 provides the corresponding GFZ values for the previous utilization ratio values. The introduction of the new building index shall in no case lead to a reduction of the building potential;

b) the total height and the facade height shall be calculated according to the old law.

3. The appeal procedure shall be governed by the law in force at the time the first instance authority rendered its decision.

4. Supervision procedures pending at the time of the entry into force of this Regulation shall be continued under the new law.

1. The modalities for the submission of dossiers and documents pursuant to Article 33 of the Building Ordinance as it was before January 1, 2022, shall remain applicable until the functionality of the platform at the SKBK or within a municipality is confirmed by the State Council.

2. The procedures mentioned in this ordinance shall be implemented and made accessible to the public on the platform by December 31, 2026. The implementation of a procedure on the platform and its public accessibility will be announced in the Official Gazette by the department responsible for construction.

1. During the transitional period provided for in Article T1-1 paragraph 2 of the Construction Act (BauG), the surcharge stipulated in Article 15 paragraph 2 of this regulation shall be 15 percent, provided that a maximum increase of 0.15 is not exceeded and on the condition that the utilization factor (UF) is used as the relevant utilization index.

1. The municipal authority within the meaning of the Construction Act (BauG) and the Construction Ordinance (BauV) is the municipal council.

2. To fulfill their tasks concerning the building permit procedures and building police, the municipalities may cooperate according to the provisions of the Municipal Act (GemG). In doing so, an inter-municipal construction office may be established.

3. An insignificant conflict of interest of the municipality within the meaning of Article 2, Paragraph 4 of the Construction Act (BauG) is assumed if

a) a sewer belonging to a construction project extends a short distance through a parcel owned by the municipality;

b) the municipality's participation in the capital of an applicant legal entity is so minimal that it effectively cannot influence its decisions;

c) only a small part of the construction project (such as an overhang, perimeter insulation, etc.) extends into a parcel owned by the municipality;

d) the private access road to the municipal road requires only minor adjustments to the municipal road and these do not fall under road legislation;

e) the construction project requires the installation of Moloks for separate waste disposal on a portion of the parcel owned by the municipality.

4. Municipalities ensure the necessary building law expertise. The service responsible for legal matters of the department responsible for construction (hereinafter: service) may organize training sessions. The costs are borne by the canton.

1. Validation of the documents stored on the platform is considered equivalent to a handwritten signature, except in the cases provided in Article 34 of this regulation.

1. The department responsible for construction (hereinafter: the department) may specify the basic concepts and calculation methods in a directive. If necessary, it will revise and supplement them.

2. To facilitate understanding of the building regulations, it may also attach sketches to them.

3. The provisions of the Intercantonal Agreement on the Harmonization of Building Terms (IAHBT) are reserved.

1. The building plot must be developed. The developments must comply with legal requirements and be ensured both technically and legally. Specifically, the requirements for development are governed by the special legislation of the federal government, the canton, and the municipality.

2. Development is considered ensured when

a) all necessary facilities are available, or there is assurance that they will be completed no later than upon the completion of the construction or, if necessary, at the start of construction;

b) the connections to the public road network and public sewer system are approved.

3. For development facilities on third-party land, development is also considered ensured if there is either a binding plan for the property owners or the right to their creation and maintenance has been agreed upon before the building permit is granted. The necessary rights must be acquired at the start of construction. Contractually agreed rights must also be registered in the land register.

4. Development facilities are considered sufficient if the increased load resulting from new construction projects or alterations can be accommodated by the existing development facilities.

1. Protruding Parts of a Building

Protruding parts of a building are considered to be parts that extend no more than 2 meters beyond the building line of the façade and - with the exception of eaves and balconies - do not constitute more than one-third of the associated façade section.

2. Protruding Building Parts

Protruding building parts such as canopies, front steps, and balconies (whether open or closed at the sides) may extend no more than 1.5 meters into the setback or boundary lines.

3. Recessed Building Parts

A building part recessed up to 2 meters in relation to the main façade is considered insignificant.

1. Underground structures are constructions that, except for the access, railings, and parapets, are entirely beneath the relevant or excavated terrain level.

1. Insignificant structures may have a maximum footprint of 10 square meters and a maximum height of 3 meters, and may only contain ancillary use areas that do not serve as living space or for professional activities.

2. Insignificant structures particularly include wooden sheds, garden houses, greenhouses, bicycle shelters, wells, pergolas, or sculptures, provided they meet the criteria in paragraph 1.

3. Extensions are insignificant structures that are built in conjunction with a building.

4. Municipalities may waive the requirement for a reduced boundary distance, or deviate from it through a special use plan, provided that the legal provisions regarding boundary and building distances are observed.

1. Technical roof structures such as chimneys and ventilation systems that do not exceed the roof by more than 1.5 meters are not considered in the calculation of the height. An exceedance of the 1.5 meters may be exceptionally permitted by the competent authority if it is demonstrated that, due to objective and technical reasons, the technical structure cannot be integrated into the roof construction in any case.

1. If the lowest point of the designed ground is not in the extension of the total height, the excavation height is calculated at the lowest point of the designed ground.

2. Excavations that serve the access to a garage or a parking facility, and whose extent is a maximum of 1/3 of the façade width and at least 3 meters, are not considered in the calculation of the excavation height.

3. If a façade is exposed to install a series of individual garage doors, the height is in any case added to the excavation height.

4. Garages that are not attached to the building are considered as outbuildings and are not counted towards the excavation height of the main building.

1. In the calculation of the cumulative height including excavation, the determining terrain is decisive in cases where the lowest point of the designed ground is higher than the determining terrain.

1. In the case of a new construction, exceeding the total height specified in the municipal building regulations (hereinafter: KBZR) by up to 20 centimeters is permissible, provided that the resulting thermal transmittance coefficient (U-value) of the roof in question is improved by 20 percent compared to the requirements of the cantonal energy legislation.

1. A basement is a story where the upper edge of the finished floor, measured at the building alignment, extends on average no more than 2 meters above the facade line. Municipalities may establish a minimum proportion of underground facade areas.

2. An attic story is a story whose knee wall height does not exceed 1.5 meters. Where asymmetrical gable roofs or monopitch roofs are permitted, municipalities may designate small and large knee wall heights.

3. The penthouse story is a story where at least one entire facade is set back by 2.5 meters from the story below.

1. A transfer of use is only possible if the municipality confirms the compliance with the legal requirements.

1. Municipalities may stipulate in their KBZR that a reasonable surcharge on the applicable usage figure may be granted for special utilization plans that offer overall solutions with advantages.

2. For construction projects that meet the quality standards promoted by cantonal energy legislation, a 10 percent surcharge on the floor area ratio (FAR) set in the KBZR may be granted to the applicant, provided that a maximum increase of 0.10 is not exceeded.

3. For buildings subject to legislation concerning the integration of disabled people, the applicant may benefit from a 2 percent surcharge on the FAR.

4. For certain zone types of the zoning utilization plan, the municipality may set a reasonable surcharge on the applicable usage figure for buildings with commercial premises that serve to form a street frontage and border public space. A usage restriction for these premises must be entered in the land register.

5. For hotel buildings, the applicant may benefit from a 45 percent surcharge on the FAR. For the other usage figures, municipalities may provide for a reasonable surcharge in their KBZR.

6. Municipalities may provide in their KBZR and for specific zone types of the utilization plan a surcharge of up to a maximum of 50 percent on the FAR if the following cumulative conditions are met

a) the parking lot must be dimensioned in accordance with Article 39 of the Building Act (BauG);

b) at least 90 percent of the parking and maneuvering areas must be built underground to promote the preservation of green spaces; if underground construction is not possible for water protection reasons, all parking and maneuvering areas must be provided with a green cover;

c) no more than half of the surcharge may be used for parking spaces.

7. If multiple surcharges are present, the allocated usage figure is calculated based on the usage figure in the KBZR or, if available, on the basis of the allocated usage figure for special utilization plans. If the surcharges serve a specific use, they cannot be used for a different use, except in the case mentioned in paragraph 6. The surcharge on a usage figure cannot be part of a usage transfer.

8. At the request of the expropriated landowner, land areas assigned for public use may be added to the creditable land area. The expropriated area may not exceed 20 percent of the creditable land area.

1. The municipalities may establish for each type of construction zone in the zoning plan

a) a maximum height for retaining walls;

b) a maximum gradient percentage for the landscaped terrain, taking into account the topography of the respective sector.

1. A construction permit is particularly required for

a) the construction, reconstruction, modification, and enlargement of buildings, parts of buildings, and their extensions;

b) the total or partial demolition of existing buildings and facilities;

c) other constructions and installations, and their modifications such as

1. storage and distribution facilities for fuels and lubricants as well as gas supply (tank systems, containers, silos, etc.),

2. ovens and factory chimneys, masts, antennas, and satellite dishes,

3. building technical installations

3.1 for heat production or electricity production, especially when part of the installation is constructed outside the building (chimney, geothermal probe, heat exchanger of an air/water heat pump, etc.). Articles 20 to 23 of this regulation remain reserved,

3.2 for the production and distribution of cold,

3.3 for ventilation,

4. private roads and other private civil structures, driveways, ramps, and pipelines,

5. within building zones, walls including retaining and supporting walls and fences, in accordance with the height specified in the KBZR or according to another legally prescribed height, in any case, those walls and fences whose height exceeds 1.50 meters,

6. outside the building zone, all walls, closed enclosures (palisade fences, hedges, etc.), movable enclosures exceeding a length of 5 meters or a height of 1.50 meters or another legally prescribed height; forestry law remains reserved in any case,

7. facilities for the treatment and disposal of wastewater and waste, manure heaps, slurry pits, and biogas plants,

8. harbor and landing installations, harbor dams, boat moorings, ship buoys, facilities for swimming and water sports,

9. greenhouses, agricultural, and industrial silos,

10. open-air storage and parking places, particularly for commercial and industrial waste, disused machines and vehicles, as well as the permanent storage of materials such as building materials, iron, box depots, and the like,

11. sports facilities and facilities for artificial snow production, campsites, sites for setting up caravans and motorhomes, as well as swimming pools,

12. the removal of vegetation cover for the construction or correction of ski slopes, except for the rectification of individual locally confined danger spots on an area of no more than 500 square meters outside protected areas,

13. advertising structures,

14. walls, fences, hedges, and plantings by the roadside as per the Road Law (StrG).

2. Furthermore, a construction permit is also required for

a) the setting up of caravans, tents, and similar outside of an approved campsite if they are set up longer than 3 weeks or if their number exceeds 12;

b) within building zones, changes to the naturally grown terrain course (fillings and excavations) in accordance with the height or depth provided in the KBZR, or any modifications of more than 1.5 meters;

c) the creation of material extraction sites (quarries and gravel pits) and their associated facilities;

d) subject to Article 20 of this regulation, all major works that can significantly alter the surface design, land use, or landscape image (by creating drainage systems and spring capturing; creating ski slopes, toboggan runs, and bobsleigh tracks, facilities for motor sports such as car racing, karting, motocross, and trial; works where the surface and subsoil are removed; excavation works; the introduction of contaminated material; filling and excavation works on crop rotation areas, on contaminated soils according to the Regulation on Soil Pollution (VBBo), on soils with the quality of crop rotation areas, on hydromorphic or organic soils, or in special protection areas or zones where their protective purpose can be endangered by the works, etc.);

e) road advertising for at least 60 days near public roads open to traffic. The permit may only be granted subject to the special permit of the cantonal commission for road signals (KKSS).

3. Stricter regulations for the specifically designated objects of special protection mentioned in inventories remain reserved.

1. Subject to stricter municipal regulations, the following do not require approval

a) ordinary maintenance work on buildings and facilities;

b) structural alterations inside buildings without prejudice to Article 19 paragraph 2 letter c and the federal regulations for buildings outside the construction zone;

c) within the construction zones in accordance with local standards or other municipal regulations

1. Minor structures and attachments according to Article 8 of this regulation, provided they are private,

2. Private facilities for garden or outdoor space design such as paths, fountains, ponds, artistic sculptures, as well as enclosures, retaining and feed walls up to 1.50 meters in height or up to another legally stipulated height,

3. Temporary structures such as festival huts, circus tents, stands, and material depots for a duration of up to 3 months,

4. Vending machines and small containers, such as compost bins and similar, with a capacity of up to 3 cubic meters;

d) mobile agricultural installations, such as plastic tunnels and similar structures, for a duration of up to 6 months;

e) outside the construction zone, buildings or installations that neither alter the ground, regardless of whether they are reversible or not, nor have an adverse environmental impact, provided the erection duration does not exceed 3 months and the erection is not repeated;

f) roadside advertisements placed for less than 60 days near public roads that are open to traffic. The special permit provided for in the legal provisions on road traffic is reserved;

g) simple wire and rod antennas as well as antennas mounted on light masts similar to a flagpole, provided they are for amateur radio services. These antennas must be reported to the competent authority;

2. If a building permit is not required for the installation of interior thermal insulation, it must be reported to the competent authority.

3. The conditions of special legislation remain reserved.

1. Any significant alteration of a structure or installation requires a building permit.

2. A significant alteration particularly includes

a) the external redesign, such as changes to facades, changes in facade color, as well as the use of new materials in renovation work;

b) the change of the intended use of structures and installations, if this is relevant for compliance with zoning regulations, distance regulations, and building line distances, or leads to a significant increased burden on access facilities;

c) the alteration of buildings or parts of buildings that are classified or inventoried.

1. Changes to the Naturally Occurring Soil pursuant to Article 44 paragraph 4 of the Building Act (BauG) are subject to the notification procedure, provided they meet the following conditions

a) Changes to the soil may only occur through the introduction of uncontaminated soil material from the topsoil or subsoil (soil material; A and B horizons). Material from the topsoil (A horizon) must be deposited on material from the subsoil (B horizon);

b) The plans and other documents to be attached to the notification, as well as the number of copies, are specified in a directive issued by the department. In any case, the confirmation of the type of material and its physical and chemical properties by a soil science building supervision expert (BBB) as well as the analysis proving that the material is not contaminated must be attached;

c) Changes to the soil must be supervised by a soil science building supervision expert. The report must be submitted to the soil protection service within 3 months;

d) Changes to naturally occurring soil must not take place on crop rotation areas or on soils with the quality of crop rotation areas;

e) Works complying with the conditions of this article must be reported to the cantonal building commission (hereinafter: KBK) 30 days before commencement.

2. Changes to the Naturally Occurring Soil pursuant to Article 44 paragraph 5 of the Building Act (BauG) do not require a building permit, nor are they subject to the notification procedure. Paragraph 3 remains reserved.

3. Regardless of the affected areas and volumes, changes to the naturally occurring soil always require a building permit on contaminated soils according to the Ordinance on Soil Contaminations (VBBo), on hydromorphic or organic soils, or in special water protection areas or zones intended to protect drinking water resources if the protective purpose may be endangered by the works.

1. In accordance with the provisions of federal legislation on spatial planning, solar installations sufficiently adapted to roofs in building and agricultural zones do not require a building permit. Municipal law may stipulate a requirement for a building permit in clearly defined types of protection zones (e.g., for building groups of municipal significance). Additionally, municipal law may, in compliance with federal law, designate neighborhoods or areas where specific provisions applying to the installation of solar systems are in effect, as well as the conditions under which these are exempt from the building permit requirement.

2. In industrial, craft, and commercial zones, solar installations sufficiently adapted to the facade are permit-free. However, municipal law may stipulate a requirement for a permit. Solar installations are considered sufficiently adapted to a facade if they meet the following conditions

a) Compact, contiguous surface, rectangular shape;

b) Collector fields running parallel to the facade;

c) Perpendicular distance from the facade cladding no more than 20 centimeters;

d) No protrusion of the facade in the front view;

e) Minimum area of 100 square meters, or at least 30 percent of the facade area;

f) Low-reflection design according to the current state of the art.

3. Outside the building zone, solar installations connected to the power grid can be site-specific according to the provisions of federal law. Fruit rotation areas and protected agricultural and viticultural zones are not considered as less sensitive areas.

4. Solar installations on cultural and natural monuments of cantonal or national significance always require a building permit. They should not significantly impair such monuments. The office responsible for the architectural heritage gives, in its preliminary opinion, the type of impairment caused, the severity of this impairment, and the possible measures to avoid or, if not possible, mitigate it.

5. Permit-free projects must be reported to the authority responsible for building permits before construction begins. The notification must be made no later than 30 days prior to the start of construction, in the format chosen by the notifier, either on paper or in digital format via the platform.

6. The department specifies in a directive which plans and additional documents in what number of copies are to be attached to the notification. The documents must contain the necessary information to verify whether all prerequisites for exemption from the permit requirement are met.

1. The replacement of an installation in an existing building, which is primarily intended for space heating or hot water preparation, by an air/water or air/air heat pump that meets the conditions of paragraphs 2 and 3, is subject to the notification procedure.

2. Only low-noise air/water and air/air heat pumps, whose noise source maintains a sufficient distance from neighboring noise-sensitive rooms and adjacent building plots and whose location complies with the precautionary principle, can benefit from the notification procedure. The criteria that ensure compliance with these conditions as well as the documents to be attached are specified in a directive prepared by the office responsible for environmental protection.

3. If the installation of the heat pump is planned outdoors and could thereby affect conflicting private or public interests of predominant cantonal or national importance, the competent authority may require the applicant to present alternatives for installation at other locations, notably indoors, if this is necessary for assessing whether the impact can be limited. The competent authority may require that the installation be subject to construction permit requirements if an overriding cantonal or national public interest or predominant private interests of third parties are affected.

4. Construction projects exempt from the permit requirement must be reported to the competent authority before the commencement of work. The notification must be made at least 60 days before the start of the work.

5. Heat pumps that do not meet the conditions of this article or are installed in or in the immediate vicinity of cultural and natural monuments of cantonal or national significance are subject to the regular construction permit procedure.

1. The replacement of a wood heating system with a new wood heating system with a capacity of less than 70kW, without changing the location of the chimney, is subject to the notification procedure.

2. The replacement of an oil or gas heating system with a wood heating system with a capacity of less than 70kW, without changing the location of the chimney, is subject to the notification procedure if there is no taller building within a 10-meter radius of the chimney opening. An increase in the height of the chimney by a maximum of 1 meter is permissible under the notification procedure.

3. The plans and other documents that must be attached to the notification, as well as the number of copies required, are determined by a directive issued by the Department. These documents must include all information that is useful and necessary to verify whether the conditions of the special legislation, particularly regarding air quality control and fire protection, are met.

4. The renewal and replacement of any type of heating installation with a heating installation operated by fossil fuels (oil/gas) always requires a building permit.

**1. The connection to a district heating system, supplied with at least 75 percent renewable energy or waste heat, is not subject to building permit requirements. It must be reported to the competent authority before construction begins.**

**2. The plans and other documents that need to be attached to the notification, as well as the number of copies required, are specified in guidelines prepared by the department. The documentation must include relevant and necessary information to verify compliance with the conditions of the special legislation.**

**3. Outside of designated building zones, the provisions of federal law are reserved.**

1. If a construction project, for which a municipal or federal construction authority is responsible, requires preliminary opinions or decisions from other municipal or cantonal bodies, the competent authority shall forward the dossier to the ISBB for consultation with the cantonal bodies.

2. The ISBB shall obtain the preliminary opinions and decisions from the cantonal bodies and shall communicate the result of the responses from the consulted bodies to the requesting authority within 30 days after receiving a complete dossier, which specifically includes the dossier submitted by the applicant, the preliminary opinions of the consulted bodies, as well as the required special documents and special decisions.

1. The SKBK has the following specific duties

a) it examines the dossiers falling within the competence of the KBK. For this purpose, it obtains preliminary opinions and decisions from the municipal and cantonal authorities;

b) it prepares the dossiers that require a cantonal building permit and manages the KBK's secretariat;

c) it establishes the liaison between the KBK, the department, and other cantonal and federal authorities;

d) it examines the construction police dossiers;

e) it prepares the agenda for the KBK meetings;

f) once the dossier is complete, particularly when it includes the documents submitted by the applicant, the opinions of the consulted authorities, the special documents, the special permits, and all relevant elements, it prepares a draft decision for the attention of the KBK.

2. Within 15 days after the completion of the draft decision, the SKBK submits the dossier to the KBK.

3. In the processing of dossiers that are of particular public interest, an accompanying process may be introduced. This is led by the head of the SKBK.

4. Moreover, the SKBK also supports and advises the KBK.

1. The cantonal bodies affiliated with the ISBB or the SKBK shall, if necessary, consult the competent federal bodies. They shall incorporate the preliminary opinions of the federal authorities into their own preliminary opinions. Preliminary opinions that do not comply with Article 50 paragraph 3 of the Construction Act may be subject to a supplementary request.

2. If one of the bodies affiliated with the ISBB or SKBK requires additional documents or information from the applicant, it shall request these directly through this body itself. The same procedure applies if amendments to the draft are required according to its special legislation.

3. The Council of State may also issue guidelines intended to clarify the application of construction or procedural regulations. If a guideline clarifies substantive legal provisions, the Council of State shall first seek the opinion of the KBK.

1. The application for information or a preliminary decision must include all documents necessary to assess the questions posed concerning a specific construction project or part thereof.

2. If the competent authority requires additional documents to issue information or a preliminary decision, it may request them.

3. The application for information and a preliminary decision must be submitted under the same modalities as the building application.

1. For all dossiers under the jurisdiction of the KBK or a municipality that has not waived the use of the platform, the choice of digital format becomes effective with the validation of the building application submitted on the platform.

2. When submitting the building application, the official form provided on the platform must be completed and subsequently validated by the planner, the landowner, and the applicant or their representative.

3. The application submitted on the platform must include the following documents

a) the site plan;

b) the project-specific plans and documents;

c) a valid and current land register or cadastral extract, if necessary with details of easements and public law property restrictions;

d) if the construction project is located outside the building zone and involves changes to the natural land (e.g., embankments and excavations) that require a building permit, or if it involves significant works as defined in Article 17, paragraph 2, letter d, the documents mentioned in the execution aid for the elevation and transformation of agricultural properties, created by the offices responsible for environmental protection, spatial planning, and agriculture;

e) if the project falls under Article 51 BauG, the diploma of the planner.

1. Building applications for projects under the jurisdiction of the municipal council of a municipality that waives the use of the platform, or for building applications by a participant who waives the use of the platform, must be submitted to the municipality in the form of a construction dossier organized in A4 format.

2. The official application form, available from the municipalities, must be properly completed and personally signed by the drafter of the plans, the landowner, and the applicant or their representative.

3. The following documents must be attached to the application submitted in paper format, in duplicate

a) the site plan;

b) the project-specific plans and documents;

c) a valid and current land register or cadastral extract, indicating easements and public-law property restrictions;

d) a topographic map section at a scale of 1:25,000, on which the project location is marked with a red cross;

e) if the project is located outside the building zone and involves changes to the natural ground that require a building permit (embankments and excavations) or major works according to Article 17, paragraph 2, letter d, the documents mentioned in the implementation guide for the raising and redesigning of agricultural land, which is produced by the services responsible for environmental protection, spatial planning, and agriculture;

f) if the project falls under Article 51 of the Building Law (BauG), the diploma of the drafter of the plans.

1. The provisions of this Article apply to applications submitted on the platform as well as those submitted in paper format.

2. In the case of reconstruction, renovation, and modification of existing buildings or facilities, copies of previously granted permits must be attached, insofar as they are available.

3. For insignificant construction projects within the meaning of Article 8 of this regulation, or in other justifiable cases with negligible spatial impacts or negligible conflicting public or private interests, the competent authority may deviate from the formal requirements for the construction application.

1. Minor buildings and installations within the meaning of Article 51 paragraph 1 of the Building Act (BauG) are construction projects that meet the definition of Article 8 of this regulation, regardless of the area claimed and their intended use, provided they do not require special architectural, scientific, or technical knowledge and only have a minimal impact on the external appearance and the basic structural framework; the costs of the construction project may be a secondary criterion.

2. Minor buildings and installations within the meaning of Article 51 paragraph 1 of the Building Act (BauG) also include

a) a standalone garden shed with a floor area of no more than 10 square meters and a height of no more than 3 meters;

b) small landscaping works without significant alteration of the existing ground;

c) a chimney;

d) the change of color;

e) the installation of a skylight;

f) the installation of a solar system, which is subject to the notification procedure;

g) the installation of an air/water or air/air heat pump.

3. Not considered minor buildings and installations within the meaning of Article 51 paragraph 1 of the Building Act (BauG) are

a) the creation of a new building;

b) the enlargement of a building, especially the elevation or extension of a building, as well as the creation of an annex;

c) the reconstruction of a building with alteration or relocation of openings;

d) major landscaping works, driveways, and garages.

4. Equivalent within the meaning of Article 51 paragraph 1 letter a of the Building Act (BauG) are, to the exclusion of other schools

a) Swiss schools accredited by the Swiss Accreditation Council;

b) schools accredited by the European Quality Assurance Register for Higher Education (EQAR) or a Swiss school recognized by the Swiss Accreditation Council.

5. If the diploma issued by a foreign school is deemed equivalent by the State Secretariat for Education, Research and Innovation (SBFI), the holder is considered the holder of a diploma according to Article 51 paragraph 1 letter a of the Building Act (BauG). The agreement between Switzerland and Italy concerning the exercise of the engineering and architecture profession remains reserved.

1. The building application must specify

a) The name and address of the property owner(s), the applicant or their representative, and if applicable, the plan drafter;

b) The building parcel with precise location, its buildable area, its coordinates, the usage zone, and if applicable, the hazard zone;

c) The exact intended purpose of the building project;

d) The main dimensions of the structures and facilities, their construction type, building materials, as well as the type and color of the facades and roofing, and the type of energy supply;

e) For buildings accessible to the public, the construction measures that ensure access and use for physically disabled and elderly persons;

f) For campsites, their surface area, the number of pitches, the areas designated for operational buildings, the number of sanitary facilities, and details of the surrounding design;

g) For commercial and industrial buildings, the anticipated number of workplaces;

h) For livestock and breeding operations, the type and number of animals intended for holding, their age category, the area of the facilities, and the form of husbandry;

i) The access from the nearest public road to the building plot and the nature of its legal securing in the event of using another's land;

j) The applicable usage figures, if regulated in building law; the calculation must be appended in a verifiable form;

k) The statistical data (type of building, number of apartments and rooms, office, commercial and craft areas, SIA volume, etc.);

l) The construction costs, excluding costs for planning, land acquisition, development, and construction interest (BKP 2);

m) The noise sensitivity level and any potential exceedances of the emission limit values (LSV);

n) The documentation required for the review of the building application for energy law (quality of thermal insulation, type of heat and cold generation, self-generated electricity, ventilation methods, etc.), environmental law, and fire protection law.

2. If the building project concerns an object listed in an inventory or classification or is particularly worthy of protection according to the land use plan, this must be specified in the building application.

1. The site plan must be drafted and signed by a licensed surveyor registered in the federal register. If the federal cadastral survey is absent, it must be created on an extract of the cadastral plan signed by the registrar. The surveyor must affix these documents with a handwritten signature if the paper format is used, and with a qualified electronic signature if the digital format is used.

2. If the project author enters the required information in the site plan themselves, they must clearly differentiate this information from the entries certified by the licensed surveyor registered in the federal register or the registrar by using a distinct color.

3. The competent authority checks the plan for the accuracy and completeness of the construction regulatory entries, and in the canton area not surveyed federally, the accuracy of the entire site plan.

1. The site plan must contain the following information

a) Boundaries and numbers of the building parcel and the neighboring parcels, the names of their owners, the constructions and installations realized on these parcels, the coordinates, the area of the building site, and the applicable utilization ratios;

b) The zoning area in which the building site is located;

c) The scale of the plan, the north direction, as well as the street and local names;

d) The established building lines according to the plans in force;

e) The public traffic routes with directional indication, the existing and projected access roads, as well as the parking spaces for motor vehicles and two-wheelers;

f) The forest boundaries in force or recognized;

g) The bodies of water, the channels, the water spaces, and the high-voltage power lines;

h) The existing constructions shaded or in gray color, the projected constructions and modifications in red color, and the demolition of buildings or parts thereof in yellow color;

i) The distances from the public roads, the boundaries of adjacent properties and buildings, the forest boundaries, the bodies of water, and the high-voltage power lines;

j) A fixed point to be determined by the commissioned surveyor, located outside the construction site but controllable in the terrain for establishing elevation points;

k) The land development, especially the access road or pedestrian access, the drinking water and sewage lines, and lines for non-polluted wastewater as well as energy supply and the presence of a district heating network or a gas network;

l) The location of fuel and energy installations, particularly all installations for heat production (heat pumps, heat exchangers, gas or oil heating, etc.);

m) The objects worthy of protection present on the building parcel and the neighboring parcels.

**1. Project plans must be prepared according to standard professional practices at a scale of 1:50 or 1:100, dated, and signed by the applicant or their representative, and by the project author. For large-scale construction projects, the competent authority may allow building plans at a scale of 1:200 or 1:500. These plans must include all documents necessary for understanding the construction project and for verifying compliance with building regulations, specifically:**

a) **the floor plans of all levels specifying the main dimensions (including length, width, height, etc.), areas (m²), scale, intended use of the rooms, ventilation, energy, and smoke extraction systems, the primary materials, as well as other installations;**

b) **the sections with the specification of the reference points, the indication of the relevant terrain and the shaped land, the location of the reference point concerning the height registered in the site plan. The location of the sections must be indicated on the site plan or the ground floor plan;**

c) **all facade plans specifying the main reference points as well as the indication of the relevant terrain and the shaped land upon completion of the construction work;**

d) **the landscaping indicating earth movements, slopes, retaining walls, permanent enclosures, areas and access roads (with a longitudinal profile), as well as hedges and plantings near roads.**

**2. For renovations, the existing building parts must be indicated in gray color on the plans, the parts to be demolished in yellow, and the newly planned building parts in red. A photo dossier must be attached to the plans.**

**3. For contiguous construction, the beginning of the neighboring buildings must be indicated over a sufficient length in the floor plans and facades on the building plans. A photo dossier must be attached to the plans.**

1. The building application must include

a) for material extraction sites and landfills: their spatial extent, the extraction depths and fill heights, the longitudinal and cross profiles, the type of material to be exploited or stored, plans for reforestation or restoration, as well as a geological report;

b) for industrial, commercial, and hotel buildings: the documents and information required by the relevant cantonal and federal authorities;

c) for all types of structures: the transfer of earthquake-resistant elements onto the plans. The plans must include the fully completed cantonal form for the earthquake safety of structures. The department issues the additional requirements that must be met for each type of structure;

d) for the demolition or conversion of a building erected before 1991: a diagnosis for the part of the building affected by the construction work regarding the presence of environmentally or health-hazardous pollutants in accordance with the Ordinance on the Avoidance and Disposal of Waste (VVEA), as well as, if necessary, a remediation project to be attached depending on the quantity, location, and form of asbestos;

e) in the case of demolition: a profile of the building (year, architect, usage, etc.) and current photo documentation of the interior and exterior, as well as available plans.

2. The special documents can be submitted up to 60 days after the public announcement, provided that the applicant indicates this in the building application and they are not documents absolutely necessary for the assessment of the construction project by affected third parties. In the case of departments affected by missing documents, the hearing will be suspended in any case. If the special documents are not submitted on time, the competent authority may dismiss the application.

3. For extensive or particularly complex construction projects (shopping centers, industrial facilities, campsites, etc.), or projects exposed to natural hazards, the competent building authority may require additional documents or information, especially additional copies of documents, details of the construction program, safety precautions and guarantees, photomontages, models, topographical surveys, reports, as well as all other information required in the cantonal structure plan.

4. If an environmental impact assessment is required for the project, the competent authority checks before the public announcement whether the documents include an environmental impact report.

5. If the construction project requires the creation of a civil protection facility, the corresponding plans must be approved by the competent authority before the start of construction.

1. Upon receipt of the building application, the competent authority shall review its accuracy and completeness. Incomplete or non-compliant building applications must be returned to the applicant or their representative for correction within a maximum of 10 days.

2. The competent authority may set a deadline for correction and completion, with the express warning that failure to comply with the deadline will result in the application being dismissed. The dismissal decision shall be issued in the same manner as a building decision.

1. If it is readily apparent that a construction project cannot be approved according to the public building regulations, or only with an exception which has not been applied for, the competent authority shall notify the applicant or their representative of this deficiency no later than within 30 days.

2. The approval process will continue if the applicant or their representative informs the competent authority within 30 days that they are maintaining their building application. Otherwise, the application is considered withdrawn.

1. The SKBK submits the building permit application, which falls under the jurisdiction of the KBK, and the associated documents to the municipality via the platform.

2. The complete dossier must be accessible to interested parties in the format chosen for the procedure and must also be accessible to the safety officer so that he can review the dossier.

3. No later than 30 days after the end of the public display, the municipal council must enter the dossier with its preliminary opinion as well as the other forms to be completed, such as the forms to be validated by the safety officer, on the platform.

4. If the paper format is used, the SKBK prints out the preliminary opinions and adds them to the paper dossier.

1. The competent authority may require the erection of profiles to delineate the location and external outlines of the planned buildings and installations. The profiles must indicate, particularly at the building corners, the height of the facades (intersection with the top edge of the roof line) and the slope of the roof lines; in the case of flat roofs, the height of the roof parapets must be provided.

2. If there are no objections to the construction project, the profiles must be removed after the expiration of the objection period, unless the competent authority decides otherwise.

3. If a construction project is not properly profiled at the time of its public display or the constructed profiles significantly deviate from the construction plans, the public display must be repeated after rectification of the defect, with a new objection period being set.

1. After the objection period expires or, if applicable, after the conclusion of the conciliation hearing, the competent authority shall ex officio examine whether the construction application complies with public-law regulations. Moreover, it may consult experts or require reports and other measures.

2. If the construction decision must be coordinated with another procedure, the lead authority shall consult the departments and agencies by soliciting their preliminary opinions and, if necessary, special decisions. It shall forward a copy of these documents to the authority responsible for the construction permit.

3. If the construction decision must be coordinated with another procedure, the authority responsible for the construction permit shall forward its decision to the lead authority so that it may consolidate it into a single decision.

1. In compliance with the coordination principle and after reviewing any preliminary opinions from the cantonal agencies, the competent authority issues the building permit, together with any necessary special permits.

2. Simultaneously with the construction decision, the authority issues the additional required permits to the parties concerned, within the relevant procedure, provided that no provisions of special legislation are in opposition, and in the format chosen at the initiation of the procedure. The cantonal special permits form an integral part of the construction decision of the KBK.

3. The competent authority must refuse the building permit if the construction project contravenes the statutory and regulatory provisions of public law.

1. The construction decision consists of the reasoning, the dispositive part, and the legal instructions.

2. The reasoning contains

a) the grounds for the conditions, stipulations, and public-law restrictions of the building permit;

b) the grounds for the construction deduction;

c) the statement regarding the objections.

3. The dispositive part contains

a) the granting or denial of the requested exceptional permits;

b) the granting or denial of the building permit;

c) the conditions and stipulations of the building permit as well as the public-law restrictions;

d) the reservation of the prior effectuation of possibly other permits;

e) in the case of partial building permit or a preliminary decision, the elements that still require an additional permit;

f) the reservation of third parties' rights and the right of complaint;

g) the indication of a possible reservation of rights;

h) the decision on the objections;

i) the validity period of the building permit;

j) the costs and fees for the decision.

4. The legal instructions contain

a) the reference to the deadline, form, and instance of the building appeal;

b) the reference that in the case of granting suspensive effect, the building permit cannot be used

1. before the appeal procedure is concluded,

2. before the competent authority has permitted the early start of construction at the applicant's risk;

c) the reference that the holder of a building permit for the complete or partial demolition of a building can only use this permit once it has become legally binding.

1. The competent authority issues its decisions on the platform, provided that the party involved has expressly consented to this form of communication. The party gives their express consent by ticking a box at the designated place on the platform.

2. The decisions are furnished with a qualified electronic signature in accordance with the federal legislation on electronic signatures.

3. If the digital format is used, the decision of the KBK or the municipal council is issued on the platform along with the building application form and the approved plans.

4. Each decision of the authority is made accessible by posting a notification to the party involved on the platform. Retrieval of this notification is considered the time of delivery for the notification and the links contained therein that refer to the decision. If this notification is not retrieved, it, as well as the links and the decision to which they refer, are considered delivered no later than 7 days after their posting.

5. Decisions within municipal jurisdiction and their annexes (including, but not limited to, the approved plans and any special permits) are forwarded to the ISBB for acknowledgement.

6. The State Council establishes the other modalities for the delivery of decisions in the regulation concerning access to and use of the cantonal platform eConstruction (Regulation eConstruction, ReC).

1. The decision of the municipal council of a municipality that has waived the use of the platform is communicated in writing to the applicant or their representative as well as to the objectors. The same applies if the party involved has waived the use of the platform.

2. The building permit is issued to the applicant or their representative together with a copy of the building application form, the plans approved by the municipal council, the eConstruction form, and any special permits.

3. The transmission of the decision, along with the documents mentioned in paragraph 2, to the ISBB is done via the platform, for informational purposes.

1. The building permit authorizes the execution of the approved construction project.

2. The building permit is valid for the applicant and the owner of the construction site. Holders of a building permit, whose issuance is contingent upon special conditions or the presence of special permits, may only make use of it if they also fulfill these conditions and possess the necessary special permits.

3. Proof of compliance with special conditions is specifically required for

a) Buildings and installations in the agricultural zone and in other zones outside the construction zone;

b) Buildings and installations outside the construction zone for which an exception permit is present.

4. Whether these special conditions are met by the holders of a building permit is decided by the competent permitting authority, whose decision is contestable in the same manner as a construction decision.

1. The holder of a construction permit must display a certificate of the construction permit at the entrance of the construction site in a clearly visible location from the start and throughout the duration of the construction work, provided the competent authority has required this.

2. This certificate contains the dossier number, the name of the holder of the construction permit, the parcel number or the locality, the subject matter of the permit, the date of issuance, and the period of validity. Its content is identical to the first page of the construction permit.

1. Construction work may commence when

a) No objections are present, immediately after the issuance of the building permit, provided that any required special permits are enforceable;

b) Objections are present

1. Within 10 days after the issuance of the building permit, provided that the suspensive effect has not been ordered ex officio or no request for the granting of the suspensive effect has been made,

2. In the event of the ordering of the suspensive effect, after the final revocation of the suspensive effect ordered ex officio or upon request.

1. Absence of Objections to the Construction Project and Impact on Public Interests

If there are no objections to the construction project and no public interests are affected, the competent authority may, after the expiration of the objection period and after any potentially necessary consultation with certain cantonal departments, allow the applicant to begin construction prematurely at their own risk.

1. If there are no sufficient reasons against it, the construction work shall be continued until its completion.

2. If the construction work is discontinued without sufficient reasons and in cases of large-scale developments for more than 2 years, the competent building permit authority shall require the completion of the work, an acceptable adjustment, or, if necessary, the demolition of commenced buildings and structures and the restoration of the lawful condition.

3. The provisions of the law concerning substitute performance, intervention without further proceedings, and the securing of costs shall be applicable.

4. The format chosen for the building permit procedure shall be used in the cases mentioned in the preceding paragraphs.

1. A project modification within the meaning of this provision is possible if the construction project remains the same in its main characteristics.

2. The main characteristics of a construction project are the development, location, volume, number of floors, floor layout, intended use, and external design. If any of these main characteristics are significantly changed, the modified construction project is no longer comparable to the original and thus requires a new building application.

3. The building permit authority may, after hearing the parties involved and the third parties affected by the project modification, continue the procedure without a new public notice or allow the modification of the originally approved project, provided that neither public nor significant neighboring interests are affected. The right of appeal is reserved.

4. If the project modification occurs in the appeal procedure, the competent authority, the opposing party, and the third parties affected by the project modification must be heard. The appeal instance may refer the matter back to the lower instance for further processing.

5. In the appeal procedure before the cantonal court, project modifications are excluded. The competence of the cantonal court to refer the matter back to the lower instance for examination of the project modification or to settle the appeal procedure by means of a settlement remains reserved.

6. After hearing the parties involved, the modification of an approved construction project may be allowed before or during the construction execution without a new public notice. In this case, an additional permit is required. The granting of the additional permit presupposes that the approved construction project remains unchanged in its main characteristics and that no significant neighboring interests are affected.

1. The building police authorities are responsible for ensuring that the statutory provisions and the conditions and requirements set forth in the building permit are adhered to during the execution of construction projects. To this end, they specifically monitor

a) compliance with the conditions and requirements in the building permit that must be fulfilled before construction begins;

b) for structural and civil engineering works after the excavation of the construction pit

1. the building line framework,

2. the existence of a benchmark for determining elevation levels;

c) during construction work, adherence to

1. levels and heights,

2. the approved plans,

3. safety regulations and hygienic conditions, particularly regarding workers' accommodations,

4. the obligation to maintain the cleanliness of public roads used by construction traffic, and, if necessary, to immediately rectify any pollution caused,

5. the implementation of thermal insulation;

d) after completion of the construction work, compliance with the building permit and the conditions and requirements associated with it.

2. The competent authority orders the restoration of the lawful state if construction work has been carried out unlawfully or if construction regulations, conditions, and requirements have been disregarded. In doing so, they consider the principles of proportionality and the protection of legitimate expectations. Before the building police authorities issue an order to restore in cases of forest police, they consult with the competent office.

3. They ensure the elimination of disturbances to public order caused by unfinished, poorly maintained, disorderly, or no longer inhabited or used buildings and facilities.

4. Property owners and possessors must grant access to the building police authorities if they have been notified at least 24 hours in advance. If necessary, the authorities may enforce access with police force.

1. Buildings and facilities, constructed in accordance with the building permits and the conditions and requirements attached to them, may not be occupied or used before the issuance of the residential or usage permit.

2. Before the building or facility may be inhabited or used, the owner must request the issuance of the residential and usage permit from the competent authority.

3. The residential or usage permit is issued by the competent authority if the construction has been completed in accordance with the building permit, including its requirements and conditions. The competent authority ensures this through appropriate means, particularly by requesting the necessary compliance reports, such as the earthquake report. The competent authority may allow minor modifications, provided these do not affect any opposing public or private interests.

4. If parts that are not necessary for the intended use of the building or facility are not yet completed or will be completed later, in particular the exterior facilities, the authority may issue a partial residential or usage permit. It then sets an appropriate deadline for the completion of the final works.

1. The responsibilities of the ISBB and the SKBK include handling building permit and building police matters within their respective jurisdictions, in collaboration with the department and, if applicable, with other concerned departments. They specifically provide opinions on issues related to the requirements for building permits and exceptions, the building permit procedure, and the regulations of the building police.