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700.1 PBGLATC CH-ZH

Planning and Building Act (PBA) (PBG)

371 Articles / Provisions · Switzerland · Canton of Zurich
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Table of Provisions (371)

Art. 1 Art. 2 Art. 3 Art. 4 Art. 5: Planning and Building Act (PBA) Art. 6 Art. 7 Art. 7a Art. 8 Art. 9 Art. 10 Art. 11 Art. 12 Art. 13 Art. 16 Art. 17 Art. 18 Art. 19 Art. 20 Art. 21 Art. 22 Art. 23 Art. 24: Planning and Building Act (PBA) Art. 25 Art. 26 Art. 30 Art. 31 Art. 32 Art. 36 Art. 39 Art. 40 Art. 41 Art. 42 Art. 43 Art. 43a Art. 44 Art. 44a Art. 45: Planning and Building Act (PBA) Art. 46 Art. 49 Art. 49a Art. 49b Art. 50 Art. 50a Art. 51 Art. 52 Art. 56 Art. 57 Art. 58 Art. 59 Art. 60 Art. 61 Art. 62 Art. 63 Art. 64 Art. 65 Art. 66 Art. 67 Art. 67a Art. 68: Planning and Building Act (PBA) Art. 69 Art. 70: Planning and Building Act (PBA) Art. 71 Art. 72 Art. 73 Art. 74: Planning and Building Law (PBL) Art. 75 Art. 76 Art. 76a Art. 77: Planning and Building Law (PBL) Art. 78 Art. 78a Art. 79 Art. 80 Art. 81 Art. 82 Art. 83 Art. 84 Art. 85 Art. 86 Art. 87 Art. 87a Art. 88: Planning and Building Act (PBA) Art. 89 Art. 90 : Planning and Building Act (PBA) Art. 91: Planning and Building Act (PBA) Art. 92 Art. 93: Planning and Building Act (PBA) Art. 94 Art. 95 Art. 96 Art. 97 Art. 98 Art. 99 Art. 100: Planning and Building Law (PBL) Art. 101 Art. 102 Art. 103 Art. 104 Art. 105 Art. 106 Art. 107 Art. 108 Art. 109 Art. 110 Art. 110a Art. 111 Art. 112 Art. 113 Art. 114 Art. 115 Art. 116 Art. 117 Art. 118 Art. 119 Art. 120 Art. 121 Art. 122 Art. 123 Art. 123a Art. 124 Art. 125 Art. 137 Art. 138 Art. 139 Art. 140 Art. 141 Art. 142 Art. 143 Art. 144: Planning and Building Law (PBL) Art. 145: Planning and Building Act (PBA) Art. 146 Art. 147 Art. 148 Art. 149 Art. 149a Art. 150 Art. 151 Art. 152: Planning and Building Act (PBA) Art. 153 Art. 154 Art. 155 Art. 156 Art. 157 Art. 158 Art. 159 Art. 160: Planning and Building Act (PBA) Art. 160a Art. 160b: Planning and Building Law (PBL) Art. 161 Art. 162: Planning and Building Act (PBA) Art. 163 Art. 164 Art. 165 Art. 166 Art. 167: Planning and Building Law (PBL) Art. 168 Art. 169 Art. 170 Art. 171 Art. 172 Art. 173 Art. 174 Art. 175 Art. 176 Art. 177 Art. 178 Art. 179 Art. 180 Art. 181 Art. 182 Art. 183 Art. 184 Art. 185 Art. 186 Art. 187 Art. 188 Art. 189 Art. 190 Art. 191 Art. 192 Art. 193 Art. 194 Art. 195 Art. 196 Art. 197 Art. 198 : Planning and Building Law (PBL) Art. 199 Art. 200 Art. 201 Art. 202 Art. 203 Art. 204 Art. 205 Art. 206 Art. 207 Art. 208 : Planning and Building Act (PBA) Art. 209 Art. 210 Art. 211 Art. 212: Planning and Building Law (PBL) Art. 213 Art. 214 Art. 215 Art. 216 Art. 217 Art. 218 Art. 219 Art. 220 Art. 221 Art. 222 Art. 223 Art. 224 Art. 225: Planning and Building Law (PBL) Art. 226 Art. 227 Art. 228 Art. 229 : Planning and Building Act (PBA) Art. 230 Art. 231 Art. 232 Art. 232a Art. 233 Art. 234 Art. 235 Art. 236 Art. 237 Art. 238 Art. 238a Art. 239 Art. 239a Art. 239b Art. 239c Art. 239d : Planning and Building Act (PBA) Art. 240 Art. 241 Art. 242 Art. 243 Art. 244: Planning and Building Law (PBL) Art. 245 Art. 246 Art. 247 Art. 248 Art. 249 Art. 250 Art. 251: Planning and Building Act (PBA) Art. 252 Art. 253: Planning and Building Law (PBL) Art. 253a Art. 254 Art. 255: Planning and Building Act (PBA) Art. 256: Planning and Building Law (PBL) Art. 257 : Planning and Building Act (PBA) Art. 258 Art. 259 Art. 260 Art. 261 Art. 262 Art. 263 Art. 264 Art. 265 Art. 266 Art. 267 Art. 268 Art. 269 Art. 270 : Planning and Building Act (PBA) Art. 271 Art. 272 : Planning and Building Act (PBG) Art. 273 Art. 274 : Planning and Building Act (PBA) Art. 275 Art. 276 Art. 277 Art. 278 Art. 279 Art. 280 Art. 281 Art. 282 Art. 283 Art. 284 Art. 285 Art. 286 Art. 287 Art. 288 Art. 289 Art. 290 Art. 291 Art. 292 Art. 293 Art. 294 Art. 295 Art. 296 Art. 297 Art. 298 Art. 299 Art. 300 Art. 301 Art. 302 Art. 303 Art. 304 Art. 305 Art. 306 Art. 307 Art. 308 : Planning and Building Act (PBA) Art. 309 Art. 310 Art. 311 Art. 312 Art. 313 Art. 314 Art. 315 Art. 316 Art. 317 Art. 318 Art. 319 Art. 320 Art. 321 Art. 322: Planning and Building Law (PBL) Art. 323: Planning and Building Act (PBA) Art. 324: Planning and Building Law (PBL) Art. 325 Art. 325a Art. 326 Art. 327 Art. 328 Art. 328a Art. 328b Art. 328c Art. 328d Art. 328e Art. 328f Art. 328g : Planning and Building Act (PBA) Art. 329 Art. 333 Art. 334 Art. 334a Art. 335 Art. 336 Art. 337 Art. 337a: Planning and Building Control Act (PBG) Art. 338 Art. 338a Art. 338b Art. 338c Art. 339 Art. 339a Art. 339b : Planning and Building Act (PBA) Art. 340 Art. 340a Art. 341 Art. 342 Art. 343 Art. 344 Art. 345 : Planning and Building Act (PBA) Art. 346: Planning and Building Act (PBA) Art. 347: Planning and Building Law (PBL) Art. 348 Art. 349 Art. 350 Art. 351: Planning and Building Act (PBA) Art. 352 Art. 353 Art. 354 Art. 355 Art. 356 Art. 357 Art. 358 Art. 358a Art. 359 Art. 360 Art. 361

Statutory Text (371 Articles)

Art. 1 : Planning and Building Act (PBA) Open official source

1 This Act sets out the aims and purposes of spatial planning and grants the planning instruments for dividing the land into different usage areas, for their classification, development, and outfitting, as well as for the exercise of permissible land use.

**2 It regulates the competencies and procedures in the field of spatial planning as well as public building law.**

Art. 2: Planning and Building Act (PBA) Open official source

To the extent that this law or other cantonal law does not specify otherwise, the following authorities shall be competent

a. the Cantonal Government for the issuance of ordinances, guidelines, and standards provided for in this law, for the establishment of master plans to be drawn up by the Canton, and for the supreme oversight of the entire planning and building system;

b. the competent Directorate for the establishment of land use plans and planning zones to be drawn up by the Canton, for decisions regarding the approval of municipal master and land use plans, as well as regarding orders requiring approval, and for the supervision of municipalities in the areas regulated by this law;

c. the political municipalities for the issuance of implementing provisions reserved for them, for the establishment of municipal plans, and for the first-instance application of the law.

Art. 3: Planning and Building Act (PBA) Open official source

1 The expression «this Act» and the reference to the terms

«provisions of this Act» also encompass the implementing

ordinances.

2 Implementing ordinances include regulations and

municipal ordinances.

3 All other applications of the law are considered implementing

decisions.

4 58

1. 1. 25-127

1

700.1

Planning and Building Act (PBA)

Interest rate

Art. 4 : Planning and Building Act (PBA) Open official source

Where this law prescribes the payment of interest on a monetary claim, the applicable interest rate shall be the current rate of the Zürcher Kantonalbank for existing first mortgages on residential properties.

Approvals

Art. 5: Planning and Building Act (PBA) Open official source

51 Announcements

1. When approving decrees, ordinances, and spatial planning stipulations, legality, expediency, and appropriateness are reviewed.

2. The approval has a constitutive legal effect.

3. The approval decision is published and made available by the municipality together with the reviewed act.

a.

b.

Art. 6: Planning and Building Act (PBG) Open official source

1 For prescribed notifications, the following applies

a. public announcements are made simultaneously in the cantonal official gazette and in the usual publication organs of the municipality, or, where such are lacking, by public notice;

b. written communications are sent by registered letter;

c. the duty to communicate only exists towards persons who have their domicile or seat in Switzerland, or who have designated a domestic delivery address in writing to the municipal administration at the location of the property;

d. public displays in construction law procedures are made electronically via the platform; in other procedures, they are made at the municipal administration at the location of the property; they take place for the full period and must be publicly announced.

2 In the case of public announcements and written communications, the legal remedies and submissions provided for in this law, their deadlines and necessary content, as well as the body to which they are to be addressed, must be indicated; furthermore, reference must be made to the place and time of prescribed public displays.

Hearing and Public Display Procedures

Art. 7 : Planning and Building Act (PBA) Open official source

27 1 In the preparation and amendment of master and land use

plans, subordinate and superordinate planning authorities must be heard in a timely manner.

2 The plans must be publicly exhibited before their final adoption. Within

60 days of the announcement, any person may submit comments on the plan content to the authority that ordered the public exhibition.

3 A collective decision shall be made on the objections not taken into account

at the time of plan adoption.

4 Thereafter, the plans and the statement regarding the objections not

taken into account shall be open for inspection.

Art. 7a : Planning and Building Act (PBA) Open official source

67 The building law procedure is conducted electronically via the platform; the other procedures are in writing.

2

Planning and Building Act (PBA)

Title II: Planning Law

Section 1: The Obligation to Plan

700.1

Art. 8: Planning and Building Act (PBA) Open official source

I. Planning Obligation

Those obligated to plan within the meaning of this law are the A. Planning-

state, the regional planning associations, the municipalities, as well as those public and private law corporations, foundations, and independent institutions that fulfill public tasks and whose activities influence or are dependent on the planning and building sector.

bodies

Art. 9: Planning and Building Act (PBA) Open official source

1. The spatial and II. scope of the planning of each planning authority extends as far as is necessary for the fulfillment of its assigned tasks and the safeguarding of its interests.

2. Planning must be adapted to new findings and developments, insofar as legal certainty and equity permit.

Art. 10: Planning and Building Act (PBA) Open official source

27 The State, in conjunction with the Federation and the B. State Regional Planning Associations, investigates the settlement and land use development of the canton and its regions. It develops the goals of desirable development and coordinates the planning measures of the canton, regions, and municipalities. The Government Council reports to the Cantonal Council on these investigations, as well as on the implementation and realization status of spatial planning, at least every four years.

I. Guiding Principle Investigations

Art. 11: Planning and Building Act (PBA) Open official source

II. Other Duties

C. Regional Planning

I. Planning Associations

In addition to the planning activities reserved to it, the state is responsible for

a. the procurement, examination, and dissemination of foundational data;

b. the coordination of regionally and inter-cantonally effective planning activities and communication with federal and other cantonal planning authorities;

c. providing requested assistance for subordinate planning activities.

Art. 12: Planning and Building Act (PBA) Open official source

27 1 The municipalities shall join together to form special-purpose associations for participation in inter-municipal planning. The City of Zurich shall have the same standing as a regional planning association.

**2 As far as necessary, the regional planning associations of a larger area shall form a private-law umbrella organization, particularly for the coordination of inter-municipal planning tasks.**

Art. 13: Planning and Building Act (PBA) Open official source

27 1 The regional planning associations shall elaborate the foundations II. Duties

and goals of spatial development within their area and shall

process proposals for regional master plans based on initiatives,

applications from their executive board, or instructions from the

competent directorate33.

1. 1. 25-127

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700.1 Planning and Building Act (PBA)

2 Municipalities may, in the association's statutes, transfer additional

areas of responsibility to the planning associations.

3 The competent directorate33 shall consult the planning associations

before establishing or amending inter-municipal zoning regulations

and protection ordinances.

§§ 14 and 15.25

D. Binding

Nature of

Planning

E. Technical

Measures

Art. 16: Planning and Building Act (PBA) Open official source

1 The plans of lower levels must conform to those of the higher

level; land use plans of every type and level must conform to the master plan.

2 Deviations are only permissible if they are objectively justified

and of a subordinate nature.27

Art. 17: Planning and Building Act (PBA) Open official source

1 Everyone must tolerate actions of the community, against compensation for the damage caused, which are necessary for the technical preparation and implementation of planning measures, such as inspections, site surveys and measurements, staking, soil investigations, etc.

2 Inspections of built-up and, if damage is caused thereon, other properties or parts of properties must be communicated to the affected parties in good time; claims extending beyond an inspection require written notification.

3 Disputed compensation claims shall be decided in proceedings under the Act concerning the Cession of Private Rights.

Section 2: Master Planning

A. General Principles27

Design Principles

Art. 18: Planning and Building Act (PBA) Open official source

1 The master plan shall create or secure the spatial conditions for

the development of human beings and for the preservation of natural

livelihoods, and shall grant the population of the

various parts of the canton spatially as equivalent living conditions as possible in their overall effect.

2 In particular, it shall be strived for that:27

a. the natural foundations of human life, such as soil,

water, air, and energy, are used sparingly and protected from adverse effects,

b. the developable areas are utilized in a sustainable, ecological, and economically

balanced manner,

c. the quality of settlements is improved,

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700.1

d. in addition to the cities of Zurich and Winterthur, further well-developed

focal points of settlement, equipped with higher-level public and private services, can emerge,

e. settlement areas are shielded from adverse environmental influences,

existing burdens are reduced, and social mixing is enabled,

f. settlement areas can be equipped with sufficiently accessible public and

private services for supply, welfare, culture, education, and

local recreation,

g. the areas required for a balanced economic and settlement policy

development of the canton for housing

and work are secured,

h. sufficient areas of suitable cultivated land remain available for agriculture,

i. lake and river banks are kept clear, and public access and

passage are facilitated,

k. diverse, interconnected habitats are preserved

and created,

l. worthy of protection landscapes as well as other objects of nature and

heritage protection are preserved from destruction or impairment,

m. the areas necessary for the recreation of the population are permanently

available,

n. settlement areas are developed by efficient public transport

and roads,

o.69 the emission of greenhouse gases is avoided, and the adverse

consequences of global warming are as minimal as possible.

Art. 19: Planning and Building Act (PBA) Open official source

27 1 The structural plans are binding on authorities.

2 The legality and appropriateness of their stipulations can be challenged in the appeals procedure during land-use planning and reviewed in the approval procedure.

B. The Cantonal Structural Plan27

Effect

Art. 20: Planning and Building Act (PBA) Open official source

27 1 The cantonal master plan consists of the following mutually coordinated

component master plans

a. Settlement and Landscape Plan,

b. Transport Plan,

c. Utility Plan,

d. Plan for Public Buildings and Facilities.

1. 1. 25-127

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Planning and Building Act (PBA)

I. Settlement and

Landscape Plan

A. Settlement

Plan

1. Settlement

and Building

Development

Area 27

2. Further

Provisions

B. Landscape

Plan

2 The master plans generally consist of a map and a report, which contains explanations of the provisions and information on their economic, social, and ecological impacts, and on their implementation regarding technical, financial, and temporal aspects.

3 Additional component master plans may be established if required.

Art. 21: Planning and Building Act (PBG) Open official source

1 The settlement plan contains the settlement and construction development area that is required for long-term development and is suitable for this purpose.

**2 Only land that is already largely developed or is expected to be required and can be developed within 20 to 25 years may be designated as a settlement area.**

**3 In addition, areas may be designated as construction development areas that are expected to serve for settlement at a later date.**

Art. 22: Planning and Building Act (PBA) Open official source

27 1 The settlement plan designates areas which, from a cantonal

perspective, are intended for the formation of economic and cultural centers, for

residential or mixed development, and for industrial and

commercial use, and it specifies the desired

building density.

2 Furthermore, it identifies the worthy-of-protection townscapes of cantonal

significance.

Art. 23: Planning and Building Act (PBA) Open official source

1. In the Landscape Plan, to the extent that they are of cantonal significance, the following shall be designated:27

a. the agricultural area, comprising thoseflächen that are suitable for agricultural use or that, in the overall interest, should be used for agricultural purposes; agricultural use also includes viticulture, fruit growing, and horticulture,

b. the forest area, comprising forests subject to forest legislation and areas designated for afforestation,

c. the recreational area, comprising those areas that serve the recreation of the population and where this purpose outweighs other uses,

d.27 the nature and landscape protection areas, as well as other objects that are to be preserved or restored for reasons of nature and heritage protection and are not covered by the settlement plan,

e. the separation area, comprising those areas that are to remain undeveloped for the purpose of structuring and separating the settlement area,

f. the areas for material extraction and for material deposition,

Planning and Building Act (PBG)

700.1

g. the remaining area, comprising those areas not allocated to any other area.

2. The designated areas may overlap; such a situation shall be depicted.

Art. 24: Planning and Building Act (PBA) Open official source

27 The traffic plan provides information about existing and II. Traffic Plan

planned facilities and areas for

a. national roads and state roads of cantonal importance,

b. railway lines and facilities for freight handling as well as other public transport, aerial cableways, ski lifts and the like,

c. navigable waterways and regularly served shipping lines,

d. air traffic, including air routes in the immediate vicinity and air traffic control facilities,

e. vehicle parking of cantonal importance.

Art. 25 : Planning and Building Act (PBA) Open official source

1 The supply plan contains existing and planned facilities and areas of cantonal importance for

a. the supply of water, in particular for water extraction, storage, treatment, and enrichment,

b. the supply of energy and raw materials of all kinds,

c. telecommunication and messaging services,

d. the discharge and treatment of wastewater,

e. the disposal, treatment, and recycling of waste and pollutants.

2 Furthermore, the associated transport, distribution, transmission, and connection lines, as well as the areas to be kept clear for the protection of supply facilities, must be included.

Art. 26: Planning and Building Act (PBA) Open official source

C. The Regional Structure Plan27

Planning and Building Act (PBG)

Contents

IV. Plan for

Public Buildings

and Facilities

1. 1. 25-127

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700.1

The plan for public buildings and facilities contains the

buildings and facilities of public

interest of cantonal significance that are important for spatial planning, particularly for27

a. public administration and justice,

b. education and training,

c. culture and community encounters,

d. religious care and funeral services,

e. healthcare,

f. recreation and sport.

§§ 27-29.25

Art. 30: Planning and Building Act (PBA) Open official source

27 1 The regional structural plan covers areas that, by virtue of their

location, economic and social conditions, accessibility,

supply and infrastructure, and their probable

development, require coordinated spatial planning and

are amenable thereto.

2 The regional structural plan comprises the same components and

regulates analogously the same subject areas as the cantonal

structural plan; however, it may define the spatial and material objectives more narrowly

or, if necessary, include more extensive information.

3 The settlement plan may, in particular, determine the

building density to be pursued on a communal or area basis.

4 The transport plan contains, in particular,

a. roads and parking facilities of regional importance,

b. tram and bus lines with their associated facilities,

c. railway lines as well as sidings and facilities for freight

transshipment,

d. cycle, foot, bridle, and hiking paths, including historical

transport routes.

D. The communal structural plan

Content

Art. 31: Planning and Building Act (PBA) Open official source

27 1 The municipal master plan can be limited to individual partial master

plans. The body responsible for adoption decides which subject areas are to be

regulated.

2 The traffic plan, including municipal roads for major

access and roads of municipal importance, may not be omitted.

Competence

E. Adoption and Approval27

Art. 32: Planning and Building Act (PBA) Open official source

27 1 The Cantonal Council determines the cantonal master plan.

**2 The Government Council determines the regional master plans.**

**3 The communal master plan is determined, depending on the municipal

constitution, by the municipal assembly, the municipal parliament57, or

by ballot. It requires approval.**

**4 The determination of the cantonal master plan and the regional

master plans must be publicly announced.51**

**8**

**Planning and Building Act (PBA)**

**§§ 33-35.25**

**700.1**

**Section 3: Land Use Planning**

**A. Cantonal and Regional Land Use Zones**

**I. The Agricultural Zone23**

Art. 36: Planning and Building Act (PBA) Open official source

27 As agricultural zones, areas are to be designated as needed that are suitable for agricultural use or that are to be used agriculturally in the overall interest.

§§ 37 and 38.25

II. Conservation Zones

Art. 39: Planning and Building Act (PBA) Open official source

1. Cantonal and Regional Open Space Zones (Freihaltezonen) shall be established as needed for those areas which, according to the relevant master plans (Richtpläne), primarily serve the recreation of the population or are intended to preserve an object of nature and homeland protection.

2. Furthermore, areas serving the separation and structuring of the settlement area (Siedlungsgebiet) may be assigned to the open space zone.27

Art. 40: Planning and Building Act (PBA) Open official source

1. In the open space preservation zone, only such above-ground buildings and facilities may be erected that serve the management or direct promotion of the open spaces and do not diminish the purpose of the zone. For other buildings and facilities, Art. 24 RPG applies.

2. Changes in the management or other design of the land must be compatible with the purpose of the zone.

3. ...

Art. 41: Planning and Building Act (PBA) Open official source

C. Requisition of Property

1 Every landowner has the right, in addition to any claim for compensation arising from material expropriation, to requisition their land and parts of land located in the no-development zone to the State.

2 Both parties have the right of expansion according to the Law concerning the Assignment of Private Rights.

1. Extent

2. Compensation

3. Procedure

D. Right to Acquire

E. Recourse

Art. 42: Planning and Building Act (PBA) Open official source

1. **Compensation is determined by the circumstances at the time the conservation zone becomes legally effective.** It bears interest from the date on which the *Heimschlag* is exercised.

2. **Compensation already paid for material expropriation shall be credited.**

Art. 43 : Planning and Building Act (PBA) Open official source

1 The right of home return must be asserted in writing within ten years of the entry into legal force of the reservation zone.

2 If no private-law contract for the acquisition of the home return area by the public authority is concluded within six months of the assertion, the public authority must initiate the valuation procedure according to the Law concerning the Assignment of Private Rights.

3 Legally binding decisions of the valuation commission are considered judicial judgments.

4 The right of home return can be waived in writing within two months after the entry into legal force of the decision on the home return compensation.

Art. 43a: Planning and Building Act (PBA) Open official source

26 1 The State may, in the compensation proceedings for material

expropriation, demand the attribution of the land in question to its

ownership if the compensation claim for the property restrictions associated

with the protection zone amounts to more than two-thirds

of the market value, and if it undertakes to make the land accessible

to the public within four years after the transfer of ownership,

or to permanently preserve it for a previous special use

for which the land was allocated to the protection zone.

2 The compensation for the attribution of ownership shall be determined

according to the circumstances at the time the protection zone became legally

binding. It shall bear interest from the date on which the entitled party

asserted the claim for compensation due to material expropriation.

3 If the State asserts the claim to ownership, the compensations

for the property restrictions and for the attribution of ownership shall

be determined separately.

4 The State may waive the claim to ownership within 60 days

after the decision becomes legally binding.

Art. 44: Planning and Building Act (PBA) Open official source

The state may demand contributions to its costs from municipalities that particularly benefit from the conservation zone, especially because it also serves their population to a great extent or saves them the establishment of their own appropriate conservation zones.

10

Planning and Building Act (PBA)

III. Design Plans for Material Extraction and Material Deposition26

Art. 44a : Planning and Building Act (PBA) Open official source

26 1 Cantonal and regional master plans for material extraction

and material deposition are laid down according to local and

temporal needs for those areas that are designated for these purposes

in the structural plan.

2 Within the framework of an overall concept for the area designated in the structural plan,

the master plan defines, for a specifically delimited area, the land area required, the extraction depth

or fill height, and the extraction or deposition process, including any

phasing.

3 The master plan must also include provisions regarding the planned

buildings and facilities, the restoration or redesign

of the affected areas, the soil structure to be provided for a later faultless use,

the access and transport routes, and other information

required for the assessment of environmental compatibility.

4 Before the final adoption, the municipalities are to be informed about the result of the

plan exhibition. Upon their request, the municipal councils57 are to be invited to a conciliation meeting.

Legitimate requests from the municipalities must be complied with during the adoption.

Remaining deviations must be justified.

B. The Building and Zoning Regulations

I. General Content

Art. 45: Planning and Building Act (PBA) Open official source

1 Municipalities shall enact a Building and Zoning Ordinance.

2 In doing so, they are bound by the institutions, terms, methods of measurement and calculation, as well as the minimum requirements of cantonal law, unless it explicitly permits them to deviate.

Art. 46: Planning and Building Act (PBA) Open official source

1 The Building and Zoning Ordinance regulates the developability

and the use of land, insofar as these are not conclusively

determined by federal or cantonal law.

2 For this purpose, the municipal area not covered by superordinate zones and

not covered by forest area shall be legally bindingly divided into building

zones, recreational zones, open space zones, and reserve zones.27

3 Furthermore, supplementary agricultural zones, particularly in

settlement areas, may be established.26

1. 1. 25-127

700.1

Duty of Establishment

Main Content

11

700.1 Planning and Building Act (PBA)

4 The subdivision shall be carried out by a zoning plan; superordinate zones shall be shown where possible, or attention shall be drawn to their specifications in another manner.

II. The Building Zones

A. Delimitation § 47. 1 Building zones shall be demarcated within the settlement area. 2 25 3 25 4 25

B. Types of Zones

I. Permissible Zones § 48. 1 Zones of varying exploitation, building style, and/or use shall be provided. 2 The following zones may be designated as such:27 a. Core zones, b. Quarter preservation zones, c. Centre zones, d. Residential zones, e. Industrial and commercial zones, f. Zones for public buildings. 3 If there is a significant public interest, for example, in the protection of townscapes and landscapes, protection of views, immission protection, or an interest in differentiated building density, the zoning assignment may stipulate that a development plan must be drawn up for specific sub-areas.26

II. Permissible Building Regulations

1. General26 § 49.55, 59 1 The Building and Zoning Ordinance may further regulate the permissible structural use of land through provisions concerning exploitation, building style, and use. 2 Unless otherwise specified for individual zone types, regulations are permitted concerning:27 a. Exploitation ratios, building volume ratios, site coverage ratios, and green space ratios, as well as provisions on minimum exploitation, b. Distances, building length, building width, overall height, and facade height, c. The number of storeys, d. Roof design,

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Planning and Building Act (PBA)

700.1

e. Arrangements to facilitate the use of solar energy,

f. Open and closed building styles with the total length

and the buildable depth without consent for construction on the property line.

3 For small buildings or annexes, deviations from the cantonal minimum

distances may be permitted, and construction on the property line may be facilitated.

Art. 49: Planning and Building Act (PBA) Open official source

¹ The building and zoning regulations may define the permissible structural II. Permissible

use of land in more detail through provisions on utilization, building regulations,

construction method, and type of use.

² Unless otherwise specified for the individual zone types, regulations are permitted concerning:27

a. utilization, building mass, site coverage, and open space ratios,

as well as provisions on minimum utilization,

b. setbacks, building length, building width, building height, and ridge

height,

c. the number of stories,

d. roof design,

e. arrangements to facilitate the use of solar energy,

f. open and closed construction methods with the total length

and the depth of construction along the boundary that does not require consent.

³ For buildings or parts of buildings not intended for the permanent stay

of humans and whose maximum height does not exceed 4 m, or 5 m for

sloping roofs, deviations from the cantonal minimum setbacks may be permitted

and construction on the boundary may be facilitated.26

1. General26

Art. 49a : Planning and Building Act (PBA) Open official source

26, 59 1 Insofar as the cantonal or regional settlement plan contains no stipulations regarding building density, the building and development regulations shall as a rule provide for the following minimum floor area ratios or corresponding other utilization provisions

for single-storey zones 20%

for two-storey zones 30%

for three-storey zones 50%

for four-storey zones 65%

for zones with more than four storeys 90%

2 Depending on local conditions and the specifications of the master plan, up to seven full storeys, two chargeable attic storeys under pitched roofs, one chargeable attic storey under barrel roofs, or one penthouse storey, as well as one chargeable basement storey, may be permitted per zone or for sub-areas within zones.

3 Furthermore, for entire zones, per area, or for individual storeys, use for residential or commercial purposes may be permitted, prescribed, or restricted, and an increased utilization ratio may be set for commercial uses and family dwellings with four or more rooms. In core, neighbourhood conservation, and central zones, it may also be stipulated for suitable locations that only shops and restaurants are permissible on the ground floor.

4 If there is a significant public interest, particularly for the protection and improvement of the local climate and ecological balance, as well as for differentiated structural development, the position and external dimensions of buildings may be regulated in more detail for entire zones or per area, while ensuring the permissible utilization. The establishment of a closer building right may be excluded; small buildings and annexes are exempt from this.

Art. 49b : Planning and Building Act (PBA) Open official source

60 1 Where zone changes, special building regulations or

site development plans lead to increased utilization possibilities, a minimum

share of affordable housing may be stipulated for residential units, for entire

zones, for specific areas, or for individual floors, which are entirely or partially

designated for residential purposes.

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III. Core Zones

3. Affordable

Housing

2 The maximum permissible rents for affordable housing shall be based

on investment costs, ongoing costs, provisions for renewal, depreciation, and

an appropriate return on investment. Rents must be secured on a permanent

basis. The Government Council shall regulate the details in an ordinance.

3 The municipalities shall issue provisions for the appropriate occupancy

of residential units.

Art. 50: Planning and Building Act (PBA) Open official source

59 1 Core zones comprise townscapes worthy of protection, such as urban

and village centres or individual groups of buildings, which are to be

preserved or extended in their unique character.27

2 The Building and Zoning Regulations may stipulate construction up to the street

boundary, the traffic building line, or existing building alignments and, subject to

the protection of legitimate neighbourly interests, up to the property

boundary; they may permit construction up to the street boundary

and otherwise regulate the positioning and height of buildings in more detail.

Development coefficients are only permissible insofar as they do not

conflict with the purpose of the zone.27

3 The Building and Zoning Regulations may contain special provisions regarding

the dimensions and appearance of buildings; in this respect, to the extent

and insofar as the unique character of the existing development justifies it

and circumstances permit, and subject to the provision

on the maximum permissible façade height, deviations from the cantonal

legal provisions on boundary and building setbacks

as well as on façade height are permitted.55

4...25

III a. Neighbourhood

Conservation Zones

Art. 50a: Planning and Building Act (PBA) Open official source

26 1 Quarter Preservation Zones comprise self-contained districts with a high quality of settlement that are to be maintained or extended in their usage structure or building layout.

2 The Building and Zoning Regulations may adopt the same provisions as for Core Zones.

IV. Centre Zones

Art. 51: Planning and Building Act (PBA) Open official source

27 1 Centre zones are designated for dense development to create urban,

town, and neighbourhood centres which, in addition to residential uses, primarily serve

the establishment of commercial and service businesses, administrative

offices, and moderately disturbing industrial enterprises.

2 The Building and Zone Ordinance may, where appropriate on an area-by-area basis,

prescribe building on the street boundary, the traffic building line, or existing

building lines and, while safeguarding legitimate neighbouring interests,

on the property boundary, and may permit building up to the street boundary.

Planning and Building Act (PBA)

700.1

Art. 52: Planning and Building Act (PBA) Open official source

1 Residential Zones

1. Residential zones are primarily intended for residential buildings; V. Residential zones

also attributed to this type of use are workspaces that are

connected to a dwelling and bear a reasonable

relationship to the actual living area.23

2. 25

3. Moderately disturbing businesses are permitted where the building and zoning

regulations allow them; highly disturbing businesses and those that generate disproportionate

traffic are inadmissible.27

§§ 53-55.25

Art. 56: Planning and Building Act (PBA) Open official source

27 1 Industrial and commercial zones are primarily intended for the VI. Industry

establishment of industrial and commercial enterprises for production, and Commercial

large-scale distribution of goods, warehousing, and transport.

2 Also permitted are administrative, research, and technical premises belonging to the business or enterprise, welfare facilities, and, in extensive or remote industrial zones, smaller shops for daily needs and other service businesses useful to employees.

3 The building and zoning regulations may also permit trade and service businesses; for planning or infrastructural reasons, they may exclude certain types of operations.

4 Dwellings for site-bound employees are permitted; for temporarily employed persons, the building and zoning regulations may permit provisional community accommodations.

Zones

1. Permitted Use

Art. 57: Planning and Building Act (PBA) Open official source

27 The building and zoning regulations can designate industrial and commercial 2. Protection against

zones with different levels of impact. In doing so, they can equate businesses that

generate disproportionate traffic with highly disruptive businesses.

Art. 59: Planning and Building Act (PBA) Open official source

### 3.55 Construction on the Property Line

The building and zoning regulations may establish provisions for construction on the property line that deviate from this law, provided that legitimate neighboring interests worthy of protection are preserved.

Art. 60 : Planning and Building Act (PBA) Open official source

1 Land in Zone VII. for public buildings may be assigned to a zone

for public buildings if required by their owners for the fulfillment of public tasks.27

2 The construction of housing for the elderly also qualifies as a public task.27

3 The Building and Zoning Ordinance may, within the framework of this Law,

establish building regulations.

Public Buildings

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III. Protection Zones and Recreation Zones27

A. Purpose

B. Legal Effects

I. In General

Art. 61: Planning and Building Act (PBA) Open official source

27 1 Retention zones or recreation zones must be designated for areas necessary for the recreation of the population.

**2 Furthermore, areas can be assigned to the retention zone that preserve a natural and cultural heritage object or serve to separate and structure the building zones.**

Art. 62: Planning and Building Act (PBA) Open official source

27 1 For buildings and facilities, for the rights of landowners, for recourse to other municipalities, and for the right of way of municipalities, the same provisions regarding content and procedure apply as for superordinate reservation zones.

2 In the recreational zone, only buildings and facilities conforming to the specifications of the master plan are permissible; the municipalities shall issue the necessary building regulations.

Art. 64: Planning and Building Act (PBA) Open official source

1 Subject to paragraph 4, the municipality or the canton shall have a perpetual statutory right of pre-emption in respect of plots of land and parts of plots of land in the conservation or recreation zone, valid in every case of sale, under the conditions of the respective buyer, which takes precedence over contractual rights of pre-emption. It must be noted in the land register.27

2 The right of pre-emption cannot be exercised if

a.27 the part of the plot of land in the conservation or recreation zone belongs to the curtilage of a built-upon plot of land and is acquired together with it;

b. the acquirer intends to cultivate the plot of land himself for agricultural purposes. However, the municipality shall have a right of purchase, limited to ten years from the transfer of ownership, under the conditions of the purchase agreement at the time, which may be exercised if the acquirer or their heirs do not continue the agricultural cultivation; it must be noted in the land register.

3 The right of pre-emption must be exercised within three months of the notification of sale incumbent upon the land register administrator.

4 The right of pre-emption also applies to superordinate conservation zones. In respect of plots of land in the recreation zone, only the municipality is entitled to pre-emption.26

5 If the beneficiaries cannot agree on the exercise of the right of pre-emption, the right of the public body responsible for the enactment of the zone shall prevail.26

16

Planning and Building Act (PBA)

IV. The Reserve Zone

700.1

Art. 65: Planning and Building Act (PBA) Open official source

1. The reserve zone includes areas whose use has not yet been legally determined or in which a specific use is intended to be permitted only later.27

2. Buildings and installations are only permissible under Art. 24 RPG16. Furthermore, they must not conflict with the intended purpose specified in the cantonal structure plans.27

3. There is no right to development for buildings and installations against the public authority; special provisions remain reserved. The same applies to the use of public utility and development facilities.

4. Owners of land in reserve zones have a right to review the dimensioning of the building zone, which can be asserted at the earliest eight years after the zoning plan's establishment or revision.26

V. Further Provisions of the Building and Zoning Regulations27

Art. 66: Planning and Building Act (PBA) Open official source

27 1 Forest Clearance Lines

1 The zoning plan defines forest clearance lines in the building zone area.

2 These lines are to be set at a distance of 30 m from the forest edge; in the case of small forest parcels or special local circumstances, they may be drawn closer to or further from the forest edge.

Art. 67: Planning and Building Act (PBA) Open official source

The Building and Zoning Regulations may establish lines for water bodies entered in the zone plan, for example, "Water bodies B.," which increase the minimum distance from the cantonal legal setback lines and deviate from the boundary setback relative to neighboring properties.

Art. 67a : Planning and Building Act (PBA) Open official source

63 1 For the lake shore area, the building and C. Lake Shore

zoning regulations, in accordance with the specifications of the master Area

plan, make supplementary provisions for building zones and, where

appropriate, for conservation and recreation zones. In particular, the

ecological design of the lake shore and the planning of lake shore

paths are taken into account.

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Planning and Building Act (PBG)

D.64 High-rise Buildings

E.64 Area Developments

I. Admissibility

II. Requirements

2 With consideration for the special location and the existing structural

fabric, supplementary provisions are made

a. concerning building areas for structures,

b. concerning the positioning and appearance of structures as well as

their length, width, overall height, and façade height,

c. concerning other constructions and installations, and the surrounding

area.

3 The supplementary provisions

a. ensure that buildings, installations, and the surrounding area are

designed in such a way that they show special consideration for the

built and natural environment,

b. ensure adequate greening and site-appropriate planting,

c. secure sufficient views of the lake.

Art. 68: Planning and Building Act (PBA) Open official source

27 In the zone plan, areas can be designated in

which high-rise buildings are permitted.

Art. 69 : Planning and Building Act (PBA) Open official source

27 The Building and Zoning Ordinance may generally, zone by zone, or area by area, permit area developments within the building zones. In such cases, minimum site areas must be specified.

Art. 71 : Planning and Building Act (PBA) Open official source

59 1 Buildings and facilities, as well as their surrounding areas, must be particularly well designed, appropriately equipped, and furnished.

2 When assessing, the following characteristics must particularly be taken into account:55

a. Relationship to the townscape and to the built and natural environment,

b. Cubic articulation and architectural expression of the buildings,

c.70 Location, intended use, scope, and design of the surrounding facilities, as well as the ecological value of the greening,

d. Livability and residential hygiene,

e. Supply and disposal solutions,

f. Type and degree of equipment,

g.69 Consideration of the local climate.

3 Area developments may also include already developed plots if the development as a whole meets the requirements.27

18

Planning and Building Act (PBA)

700.1

Art. 72: Planning and Building Act (PBA) Open official source

III. Special Building Regulations

**27 1** The building and zoning regulations may contain building provisions that deviate from the standard building regulations and from the cantonal minimum distances.

**2** Distances to forests, bodies of water, neighbouring properties, and roads – except those primarily serving the development of an area – may not be reduced.

**3** For areas of different zoning classifications, limited utilization transfers are permissible.

Art. 73: Planning and Building Act (PBA) Open official source

59 1 The building permit requires a complete building application.

IV. Security

2 The building permit must be accompanied by ancillary provisions ensuring that, for as long as the approved development exists

a. the area is neither more intensively exploited nor substantially developed differently than according to the approved plans,

b. the green spaces and other surrounding facilities, as well as the fixtures and equipment, are maintained for their intended purpose as per the plan.

Art. 75: Planning and Building Act (PBA) Open official source

27 The Building and Zoning Regulations may issue provisions for locations designated in Zoning Plan F.64 as "Viewpoints," which secure the view or visibility of special landforms.

Art. 76: Planning and Building Act (PBA) Open official source

70. Trees

Preservation and Replacement of Trees and Greening

I. Trees

The Building and Zoning Ordinance may prescribe the preservation and replacement of specifically designated trees and tree populations, as well as, zone- or area-wise, trees with a trunk circumference of 100 cm or more. It may prescribe the appropriate replanting of trees, zone- or area-wise. The ordinary use of the property must not be excessively hindered thereby.

Art. 76a : Planning and Building Act (PBA) Open official source

69 1 The Building and Zoning Ordinance can stipulate the greening of II. Green

flat roofs on a zone- or area-specific basis. Roofs

2 It can regulate the extent and quality of the greening, taking into

account further uses such as energy generation and recreation.

3 Green roofs, including the necessary installations for them, are disregarded

for the purpose of complying with height dimensions and calculating

utilization rates.

Art. 77: Planning and Building Law (PBL) Open official source

27 The Building and Zoning Ordinance may establish provisions for terrace and similar superstructures that deviate from the normal zoning regulations.

H.64 Terraces and similar superstructures

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I.64 Outdoor antennas

J.64 Renewable energies

Purpose

Content

Legal effect

Art. 78: Planning and Building Act (PBA) Open official source

The Building and Zoning Ordinance may prohibit outdoor antennas for entire zones or on a district-by-district basis, provided that equivalent reception possibilities are ensured by other technical facilities.

Art. 78a : Planning and Building Act (PBA) Open official source

53 1 The Building and Zoning Ordinance may issue orders for the use of renewable energies for areas designated in the zoning plan.

2 Energy gains based on the implementation of orders pursuant to paragraph 1 shall not be taken into account for the purpose of complying with cantonal provisions regarding the reduction of consumption of non-renewable energies.

VI. Special Building Regulations and Design Plans

1. Special Building Regulations

Art. 79: Planning and Building Act (PBA) Open official source

1 Special building regulations enable and facilitate the freer

development of specific suitable areas according to uniform

design principles.

2 Furthermore, they can create the conditions for special types of use.

Art. 80 : Planning and Building Act (PBA) Open official source

1 Special building regulations may deviate from the provisions regarding standard construction methods and from cantonal minimum distances, and may more precisely define the type of use according to its nature, and within that nature, according to subdivision and purpose. They must ensure the proper integration, design, access, amenities, and equipment of the development.27

2...25

3 Special building regulations may be supplemented by a plan that graphically depicts the essential elements of the permitted development.

Art. 81 : Planning and Building Act (PBA) Open official source

1 Special building regulations do not create an obligation to build according to them.

2 They may, however, stipulate that building permits can only be granted on their basis if the corresponding development of the entire area or of more precisely defined sub-areas is legally secured.

3 If the granted development possibility is waived, the provisions of the general building and zoning regulations apply.

20

Planning and Building Act (PBA)

700.1

Art. 82: Planning and Building Act (PBA) Open official source

Sonderbauvorschriften können frühestens fünf Jahre nach Aufhebung

ihrem Inkrafttreten aufgehoben werden, wenn weder eine wesentliche

Bautätigkeit eingesetzt hat, die von den eingeräumten Möglichkeiten

Gebrauch macht, noch entsprechende ernsthafte Bestrebungen nach-

gewiesen werden.

2. Gestaltungspläne

Special building regulations can be repealed at the earliest five years after their entry into force, if neither significant building activity has commenced, making use of the granted possibilities, nor corresponding serious efforts can be demonstrated.

2. Design Plans

Art. 83: Planning and Building Act (PBA) Open official source

27 1 With development plans, the number, location, external dimensions, as well as the manner of use and

A. Content

purpose of buildings are bindingly determined for specific delimited areas. Deviations from the

provisions regarding standard construction methods and from the cantonal minimum distances are permitted.

2 Adequate flexibility must be allowed for the project design.

3 The development plan must also regulate the access and communal facilities and equipment, to the extent that

they are not already governed by a neighborhood plan; it may include provisions

regarding further surrounding landscape design.

4 If circumstances, particularly in largely built-up areas, do not require comprehensive regulation, the content of a

development plan may be limited to individual provisions.

Art. 84: Planning and Building Act (PBA) Open official source

27 1 The municipalities may adopt a public design plan if there is a substantial public interest in doing so.

2 Design plans for buildings and facilities included in the cantonal or a regional master plan shall be adopted by the competent Directorate51. Before adoption, the municipalities must be informed of the outcome of the plan exhibition. At their request, the municipal executives57 are to be invited to a conciliation meeting. Justified requests from the municipalities must be granted during the adoption process. Remaining deviations must be justified.

B. Types

I. Public Design Plan

Art. 85 : Planning and Building Act (PBA) Open official source

I. Public

1 Design plans can also be drawn up by landowners with public law effect.

II. Private

Design Plan

2 They can be declared generally binding if the landowners owning at least two-thirds of the included areas agree, and if no legitimate interests of the other landowners are violated.27

1. Drafting

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Planning and Building Act (PBG)

2. Consent

C. Repeal

Preliminary Review

Determination

Approval

A. Obligation to Determine

Art. 86 : Planning and Building Act (PBA) Open official source

27 Private development plans require the approval of the body responsible for issuing the building and zoning regulations. If they do not exceed the framework applicable to area developments in the respective area, the approval of the municipal executive suffices57.

Art. 87 : Planning and Building Act (PBA) Open official source

27. Master plans can be repealed in the same manner as special building regulations. The corresponding provisions do not apply to minor amendments.

VII. Common Provisions

Art. 87a: Planning and Building Control Act (PBG) Open official source

50 1 Building and zoning regulations, special building regulations and design plans may be submitted to the competent Directorate for preliminary review before their definitive adoption.

2 The preliminary review shall be completed within two months. If an environmental impact assessment is necessary, the preliminary review shall be completed within three months.

Art. 88: Planning and Building Act (PBA) Open official source

51 Building and zoning regulations, special building regulations and public design plans are, depending on the municipal ordinance, enacted, amended or repealed by the municipal assembly, the municipal parliament or by popular vote.

Art. 89: Planning and Building Act (PBA) Open official source

51 1 Building and zoning regulations, special building regulations and

design plans must be submitted to the competent Directorate for approval.

2 When granting approval, the Directorate is bound by the pre-examination

report.

C. The Development Plan

Art. 90 : Planning and Building Act (PBA) Open official source

1. With the building and zoning regulations, the municipalities establish a development plan.

2. If the implementation of the development plan requires the participation of other planning authorities, these must be heard in a timely manner.

3. The Government Council may release municipalities, whose building zones are largely built up and whose rough development is largely sufficient for further development, from the obligation to establish a plan; under the same conditions, it may limit this obligation spatially or materially.

Planning and Building Act (PBA)

700.1

Art. 91: Planning and Building Act (PBA) Open official source

27 The development plan provides information on the public B. Content and

works and facilities necessary for the primary development of building- Legal

zones. It also indicates the specific time-based stages in which the Effects

municipality will carry out the primary development of the building-

zones and how it is coordinated with the public transport service planning

and freight transport planning.

I. In

General

Art. 92: Planning and Building Act (PBA) Open official source

27 1. For each upcoming stage, the dimensions of the development II. Development

facilities must be determined and their costs calculated. stages

2. With this determination, the corresponding expenditures are considered approved.

Art. 93: Planning and Building Act (PBA) Open official source

III. Construction Obligation

**27** **1** The main development must be undertaken in good time to allow the development of the areas concerned upon the completion of the relevant stage.

**2** In the event of default by the competent planning bodies, the competent Directorate51 shall take the necessary measures in their stead, if affected landowners advance all costs. After completion of the construction work, the competent planning bodies must reimburse the costs.

Art. 94: Planning and Building Act (PBA) Open official source

1. 1. **C. Amendments**

If the assumptions made during the preparation of the development plan regarding the building development are not met, and other areas are ready for general building development, the plan must be amended accordingly, provided that the planning authorities are not thereby subjected to significantly greater financial burdens, or a greater burden is reasonable for them.

2. The Government Council may, upon request by the municipalities, extend the deadlines,

a. if the assumptions underlying the building zones and the development plan regarding development or economic possibilities change so fundamentally that the fulfillment of the development plan becomes unreasonable and its implementation, after weighing all circumstances, is no longer justifiable,

b. and if, moreover, these changed expectations could not have been foreseen based on the circumstances at the time of zoning and the establishment of the development plan.

3. The Government Council may, if necessary, combine deadline extensions with the instruction to reduce the size of the building zones.

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700.1

**D. Procedure**

Planning and Building Act (PBG)

Art. 95: Planning and Building Act (PBA) Open official source

The development plan is determined in the same procedure and with the same authority as the building and zoning regulations; it requires approval.

D. Building and Niveau Lines

I. Building Lines

A. Purpose and

Types

I. General

II. Special

Purposes

for Traffic-

Building Lines

B. Dimension

C. Legal

Effects

I. General

1. Building Prohibition

2. Exceptions

Art. 96: Planning and Building Act (PBA) Open official source

59 1 Building lines restrict development and serve, in particular, to secure existing and planned facilities and areas, as well as for architectural design. 55

2 The following building lines are to be distinguished and represented differently in the building line plan, with an indication of their purpose

a. Traffic building lines for roads, paths, squares, and railways, optionally including accompanying front gardens, noise barriers, green belts, and parking spaces;

b. Building lines for operational facilities related to traffic structures, such as multi-storey car parks, large parking facilities, maintenance, monitoring, and supply services, as well as for river and stream corrections;

c.27 Building lines for utility lines and for railway sidings.

Art. 97: Planning and Building Act (PBA) Open official source

59 1 Traffic building lines may contain stipulations regarding the obligation

to enclosed construction.

2 Traffic building lines may also serve and more precisely define a public interest in the

specific design of traffic areas and squares, in particular prescribing building on the building line

or more closely regulating the façade height.

Art. 98: Planning and Building Act (PBA) Open official source

The building lines must be determined in such a way that they meet the needs for the anticipated final expansion of the facilities concerned.

Art. 99 : Planning and Building Act (PBA) Open official source

1 Within the Building Lines, Only Buildings and Installations May Generally Be Erected That Do Not Contradict the Purpose of the Building Lines.

**2 However, the Building Line Plan May Limit the Effect of the Building Lines to Specific Vertical Areas.**

Art. 100: Planning and Building Law (PBL) Open official source

55, 59 1 Traffic construction lines and construction lines for utility lines

and industrial sidings refer to the projected facade

line.

2 Protruding building parts must be removed without compensation

as soon as the execution of the work or facility for which the

construction line has been set requires it.

24

Planning and Building Act (PBA)

700.1

3 If the construction line and the boundary of the space required for the facility

coincide, such protrusions must maintain a vertical distance corresponding to the character of

the respective facility, generally

at least 3 m.

4 More extensive and different uses of the construction line

area may be permitted with the building permit, if necessary with

safeguarding ancillary provisions.

Art. 101: Planning and Building Act (PBA) Open official source

1. Buildings and facilities that violate the building line within the building line – II. Amendment area – may be maintained and modernized in accordance with their previous intended use.

2. Further measures shall only be approved if the building line is not expected to be implemented within the foreseeable future and if safeguarding ancillary provisions to the building permit ensure that the municipality will not have to compensate for any resulting added value should the building line be implemented.

Art. 102: Planning and Building Act (PBA) Open official source

III. Duty to Compensate

For property restrictions associated with building lines, compensation is only owed if they effect a material expropriation.

Art. 103: Planning and Building Act (PBA) Open official source

1. Right to Demand Acquisition (Heimschlagsrecht)

If an undeveloped plot of land, or a plot of land developed with a building subject to demolition, becomes undevelopable due to a building line, and it cannot be made developable again even through a quarter plan, the affected landowner has the right to demand acquisition (Heimschlagsrecht) in addition to any potential claim for compensation.

**2.** The same right applies to the part of a larger plot of land that would have been independently developable without the building line; the area that would foreseeably have to be ceded for the final development of the respective facility can be subject to the right to demand acquisition.

Art. 104: Planning and Building Act (PBA) Open official source

1. Right to a Buy-Back Option

The right to a buy-back option can be asserted within ten years after the final unbuildability has been established or officially determined, and specifically against the public entity that established the building lines.

2. Procedure

For compensation, procedure, waiver of the exercise of rights, and the recourse of the public entity concerned, the corresponding provisions regarding the open space zone apply mutatis mutandis.

Art. 105: Planning and Building Act (PBA) Open official source

1. Public undertakings and mixed-economy V. Pipeline

or private undertakings that perform public tasks are building law

entitled to construct and maintain underground pipelines, including associated structures, within the building line area against compensation for the damage caused.

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Planning and Building Act (PBG)

2 If no agreement is reached on the existence and scope of the claim as well as on the compensation, the Valuation Commission shall decide according to the legislation concerning the assignment of private rights.

3 The existence of such pipelines and structures can be noted in the land register.

II. Level Lines

Art. 106: Planning and Building Act (PBA) Open official source

The contour lines determine the elevation of the facilities, which are secured by traffic alignment lines.

Art. 107 : Planning and Building Act (PBA) Open official source

III. Common Provisions

Buildings and installations of third parties must conform to the grade line insofar as they are of building law significance.

Art. 108: Planning and Building Act (PBA) Open official source

1 The municipality is responsible for establishing building and ground level lines for municipal facilities; in other cases, the competent Directorate51 is responsible.

2 The competent Directorate51 must comply with justified requests for establishment; before establishing, it shall consult the municipal executive57.

3 Building and ground level line plans must be publicly announced and made available for public inspection, along with the necessary explanations; the deposit must be communicated in writing to the affected landowners.

Art. 109: Planning and Building Act (PBA) Open official source

Building and development line plans of municipalities require approval.

Art. 110: Planning and Building Act (PBA) Open official source

Upon the legal enforceability of the building and development lines, the implementing agency is entitled to the right of expropriation within the scope of their designated purpose.

Art. 110a: Planning and Building Act (PBA) Open official source

26 Owners of land affected by building and level lines are entitled to have them reviewed if the master plan no longer foresees the development secured by the building and level lines.

E. Ski and Sledding Lines

Art. 111: Planning and Building Act (PBA) Open official source

1 Ski and toboggan runs serve to secure ski and toboggan descents.

26

Planning and Building Act (PBG)

700.1

2 They may contain provisions regarding temporary access rights and snow removal obligations.

Art. 112: Planning and Building Act (PBA) Open official source

1 Within the ski and toboggan lines, constructions, facilities, and commercial operations that contradict the purpose of these lines are impermissible.

**2 Expenses arising from the obligation to clear snow and damages resulting from the use of the slopes shall be compensated.**

Art. 113: Planning and Building Act (PBA) Open official source

1 The Municipal Council57 is responsible for the establishment of ski and toboggan runs.

2 For the rest, the corresponding provisions concerning building and

and level lines shall apply mutatis mutandis to the establishment and approval

procedures.

3 Decisions on compensation shall be made in accordance with the Law concerning the

cession of private rights. The municipality may have recourse to undertakings that derive

special benefit from ski and toboggan runs.

Compensation

F. Land Acquisition for Public Works

I. The Project Plan

Art. 114: Planning and Building Act (PBA) Open official source

1 If properties are designated in a master plan for a work of public A. Preconditions

interest or a facility of public interest that cannot be secured by building

lines, the owners may demand that a works plan be established within five years.27

2 The project owner may establish the works plan at any time on their own initiative.

3 The works plan must provide information on the approximate location of buildings and

the precise land requirements.

Art. 115: Planning and Building Act (PBA) Open official source

1. The project plan shall be determined by the project owner, or, in case of uncertainty regarding ownership, by the creator of the relevant master plan.

2. Project plans not determined by state authorities require approval.

3. The determination and approval shall be communicated in writing to the affected property owners.

Art. 116: Planning and Building Act (PBA) Open official source

The approval of the construction plan includes the grant C. Legal

of the right of expropriation.

Effects

I. Right of

Expropriation

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Planning and Building Act (PBA)

II. Prohibition

of Alteration

III. Right of

Pre-emption

IV. Right of

Reversion

Scope of

Application

Procedure

Limitation Period

Art. 117: Planning and Building Act (PBA) Open official source

For measures concerning existing buildings and facilities within the

scope of the development plan, the same restrictions apply mutatis mutandis

as for buildings and facilities that violate building lines.

Art. 118: Planning and Building Law (PBL) Open official source

1. The project owner has the same right of pre-emption with respect to the properties and parts of properties covered by the project plan as applies to the protected zone.

2. If the owner has not yet been finally determined, the State or the municipality shall exercise the right of pre-emption, depending on the nature of the project.

3. The acquirer is obliged to transfer the property to the definitive owner under the same conditions, plus interest, as those under which it was acquired. The definitive project owner is obliged to take over the property under these conditions, including interest.

Art. 119: Planning and Building Act (PBA) Open official source

1 The affected owner has the right, upon approval of the

construction plan, to choose to either claim compensation or to

transfer their property to the creator of the construction plan.

2 For compensation, the procedure, and the waiver of the

exercise of rights, the corresponding provisions concerning the

setback zone apply mutatis mutandis.

3 In the relationship between the creator of the construction plan and the

ultimate project owner, the same rule as for the pre-emptive

right applies.

II. The Provisional Building Prohibition

Art. 120 : Planning and Building Act (PBA) Open official source

To secure public works and facilities that are in preparation but are not subject to a master plan or a construction plan, a precautionary building prohibition may exceptionally be ordered.

Art. 121: Planning and Building Act (PBA) Open official source

1 The request must be made by the prospective project owner.

2 For state projects, the decision is made by the Government Council; in other cases, by the competent Directorate51; the Municipal Council57 of the host municipality must be heard beforehand, unless it is the applicant.

Art. 122: Planning and Building Act (PBA) Open official source

1 The building prohibition lapses if, within five years of

its legal force coming into effect, the corresponding structural plan is not supplemented

and a master plan is established or expropriation proceedings are not initiated.

2 25

28

Planning and Building Act (PBA)

700.1

4th Section: Quarter Plan, Boundary Adjustment and Area Redevelopment27

A. The Quarter Plan27

1. Principles 26

Art. 123: Planning and Building Act (PBA) Open official source

1 The neighborhood plan enables a use in the covered area that corresponds to the purpose of the planning and building law order and contains the necessary provisions for this.

2 If circumstances do not require comprehensive regulation, the neighborhood plan is limited to the necessary partial measures.

3 In largely undeveloped areas, it can be required that the neighborhood plan shows the desired neighborhood structure and ideas regarding the development, and that the parceling order is coordinated with this.

Art. 123a : Planning and Building Act (PBA) Open official source

26 If the area covered is wholly or partially owned by farmers, in addition to the local plan procedure, a land consolidation under the provisions of the Agriculture Act may be carried out to promote the disentanglement of differently usable land plots, provided that this does not cause any delay.

Art. 124: Planning and Building Act (PBA) Open official source

1 The neighbourhood plan is fundamentally to be restricted to building zones; in special circumstances, it can extend beyond these.

2 The designated area is typically delimited by existing or planned public roads, exceptionally also by neighbourhood roads; clear natural, artificial, or legal obstacles or dividing lines for the development may take the place of roads.

Art. 125: Planning and Building Act (PBA) Open official source

1 Before or with the district plan, building and

building line levels for public building line

streets that border or cross its area, as well as for the determination

of district roads and other traffic facilities, must be

established, to the extent that a need exists.27

2 If, at this time, the establishment of building and level

lines is not yet possible, the land presumably

necessary for this may exceptionally be designated with projected

building lines.

1. 1. 25-127

29

700.1 Planning and Building Act (PBG)

Land Subdivision § 126. 1 The district plan area must be subdivided in such a way that all

properties, without special permits and neighbourly consent,

can be built upon in a manner appropriate to the local conditions

and the building zone; if this is not possible, the necessary

rights and encumbrances must be established with the district plan.

2 For new allocations, minimum sizes may be prescribed.

3 Where a need exists, areas shall be designated that serve

communal facilities and equipment of the district or a

plurality of properties; the private law legal relationships

thereto must be regulated with the district plan.

Protected objects; § 127.27 1 Protected objects must be taken into consideration.

existing

buildings

2 The removal of buildings or parts of buildings that have not

been approved for a limited period or revocably, may only be

foreseen outside of urban renewal if they do not decisively

co-determine the value of the property and if their continued

existence hinders the appropriate design of the district plan. This

restriction does not apply if the affected owner consents and

if other parties are not disproportionately burdened thereby.

Development, § 128. 1 All properties within the district plan area must

Facilities and be developed by the district plan and participate in any

Equipment necessary communal facilities and equipment.

2 Developments, as well as communal facilities and equipment,

must be determined in such a way that they are sufficient

for the full utilization of the properties covered.

3 Where such facilities, according to the circumstances, do not

need to be constructed in one go, the phased construction must be

regulated.

Arrangement of § 129. 1 With the district plan, under the applicable

Development conditions and in the prescribed procedure, special

building regulations or a design plan may be established.

2 The fundamental decision on this should generally be made for

private design plans at the latest at the first district plan

meeting, in other cases by the municipal executive57 after

the initiation of the procedure.

Preparation § 130.27 1 District plans are prepared in the private procedure by the

landowners, in the official procedure by the municipal executive57.

30

Planning and Building Act (PBG)

700.1

2 For the implementation of district plan procedures, the municipal

executive57 may appoint a district plan commission, which may also

include experts residing outside the municipality.

§§ 131-136.25

2. Valuation and Allocation of Land26

Art. 137: Planning and Building Act (PBA) Open official source

1 The valuation of the land is generally carried out according to A. Valuation

areas, taking into account differences in value.

2 If the Municipal Council57, due to the circumstances, particularly in connection

with a development plan, considers the valuation based on the ratio of the values

of the contributed properties to be necessary, it shall generally order this before

the elaboration of the district plan draft; this decision must be communicated in

writing to the involved landowners.

3 With the agreement of the landowners, other valuation methods may also be

applied.

4 Subsequent objections against the valuation method are excluded.

Art. 138: Planning and Building Act (PBA) Open official source

Here is the English translation of the provided text

**B. District Plan Area and Deductions**

1. The areas of public streets, paths, and waters to be revoked, as well as field and cooperative paths, are to be included in the total area of the contributing properties.

2. From the resulting total area, the following shall be deducted

a. the land required for the development infrastructure as well as for communal facilities and amenities; the deduction for communal facilities and amenities shall generally not exceed 10% of the total area;

b. the land required for the new construction or expansion of public thoroughfares that border or traverse the district plan area, as well as for smaller public utility installations that also serve the district.

3. The sum of all deductions shall generally not exceed 25% during the establishment of the district plan, and not more than 10% upon its amendment.

4. In the case of land reallocation by area, the deductions shall be charged proportionally and equally to the existing properties, corresponding to the degree of development in the old and new stock, however, for communal facilities and amenities only insofar as they benefit them.

**C. Allocation of the Total Area in General**

**I. In Case of Land Reallocation by Area**

1. Principle

2. Consolidation of Properties

3. Buy-out

**II. In Case of Land Reallocation by Value**

1. 1. 25-127

31

700.1

Planning and Building Act (PBA)

Art. 139: Planning and Building Law (PBL) Open official source

1 The total area remaining after deductions must be allocated in such a way that, where possible, landowners receive suitable parcels in equivalent locations and in proportion to the area of their original holdings, taking into account differences in value; in this process, statutory restrictions on private property rights, easements, land charges, or pre-noted personal rights may be abolished, amended, or created if necessary.

2 Existing buildings that do not need to be removed during the implementation of the neighbourhood plan shall generally be allocated to their previous owners.

3 For areas of public roads and waters to be abolished, there is a right to allocation of a building plot only insofar as these areas are not required for corresponding new facilities.

4 Holders of rights to field paths whose properties lie outside the neighbourhood plan area, and owners of agricultural cooperative paths, have no claim to allocation; a claim for compensation arises in these cases only for the abolition of cooperative paths and only on the condition that no substitute is created with corresponding new facilities; however, access to the affected properties must be maintained for their previous use.

Art. 140 : Planning and Building Act (PBA) Open official source

With the consent of the owners and their mortgagees, several independent properties can be merged, and joint ownership, co-ownership with or without condominium ownership, or limited real rights instead of ownership, such as in particular building rights and rights of residence, can be established or agreed upon therein.

Art. 141 : Planning and Building Law (PBL) Open official source

Properties from existing stock that are insufficient in area for suitable development and that cannot be made developable either through building regulations, consolidation, or a minor additional allocation that is reasonable for the other parties involved, must be purchased.

Art. 142: Planning and Building Act (PBA) Open official source

1 If the reallocation is carried out according to values, the new parcels must be designated such that the ratio of their market values corresponds to that of the original holdings.

2 In all other respects, the provisions regarding allocation by area apply mutatis mutandis.

32

Planning and Building Act (PBA)

700.1

Art. 143: Planning and Building Act (PBA) Open official source

D. Special

The land designated for public transport and utility infrastructure, as well as for neighbourhood streets, shall be allocated to the municipality or to the relevant utility provider.

Allocation to the Public Authority

I. Traffic and Utility Areas

Art. 144: Planning and Building Law (PBL) Open official source

1 **Contribution of land by public entities**

If a public entity contributes land for which it has a claim to allocation, or makes such land available as a substitute, it is entitled to the allocation of parcels suitable in location and shape for the execution of a planned or projected public work, for averting detrimental effects from the work, or lying within a reserved zone; if the public entity already possesses suitable land, this shall be taken into account in the new allocation.

2 The same prerogatives may be claimed by legal entities with non-profit or cultural purposes for works for which expropriation would be possible.

3 Instead of contributed land, owners may be allocated parcels situated outside the local development plan area, but within a building zone, if the exchange is in the public interest and serves to avoid purchase or expropriation; after the revised local development plan draft has been published, parcels in an area with an approved local development plan may only be allocated against the will of the affected landowners.

Art. 145: Planning and Building Act (PBA) Open official source

1 Monetary Compensation for Land Parcels and Adjustments

In the interest of suitable parcel design, necessary surplus or deficit allocations must be offset in monetary terms, as must deductions for public transport and utility facilities.

**2 Monetary Compensation for Impairment of Value**

Monetary compensation must also be provided for any impairment of value arising

a. from the reallocation, removal, or adaptation of buildings and ancillary facilities without a corresponding legal obligation on the part of the previous owner;

b. from the cancellation, amendment, or establishment of rights.

**3 Assessment of Compensation**

For the assessment of compensation, the prevailing conditions at the time the district plan is established are generally decisive.

Art. 146 : Planning and Building Law (PBL) Open official source

1 The neighbourhood plan determines how the construction costs

of access facilities as well as communal installations and equipment

are to be borne.

1. 1. 25-127

33

700.1 Planning and Building Act (PBG)

The primary consideration is the interest in the facilities concerned.

Furthermore, it must be considered whether the development will require

further own expenses, such as longer driveways and access routes, utility

lines and the like, which are unnecessary for other properties due to their

location and shape, and whether such disadvantages are not offset by the

advantages of a rearward location.

3. The Adoption Procedure27 F. Construction

costs

Art. 147 : Planning and Building Law (PBL) Open official source

The procedure is initiated upon application by a landowner or, where building development and the development plan make it appear desirable, by the Municipal Council57 ex officio.

Art. 148: Planning and Building Act (PBA) Open official source

1 The initiation resolution must be publicly announced

and communicated in writing to the landowners of the designated area.

2 Against the appeal concerning the initiation or its refusal,

it can only be argued that the conditions for conducting the procedure were absent or present; objections

of this kind cannot be raised later.

Art. 149 : Planning and Building Law (PBL) Open official source

1 The initiation of proceedings requires approval by the competent Directorate51; it can only be refused if the conditions for their execution are not met.

2 The legal force of the initiation of proceedings must be communicated in writing to the participating landowners.

Art. 149a: Planning and Building Act (PBA) Open official source

26 Upon the initiation of the procedure and its approval by the competent Directorate, reasonable deadlines shall be set for the submission of the district plan, and instructions regarding its content may be issued.

Art. 150: Planning and Building Act (PBA) Open official source

1 Once the procedure has been legally initiated, no actual or legal changes may be made to the properties within the designated area without the approval of the Municipal Council57; such approval must be granted if the change neither renders impossible nor significantly hinders the creation or implementation of the district plan.

2 Upon application by the Municipal Council57, the competent Directorate51 may impose a district plan ban before the conclusion of the initiation procedure, if special circumstances justify it.

3 The district plan ban must be noted in the land register.

34

Planning and Building Act (PBA)

700.1

4 The district plan ban must be lifted when the district plan has been implemented, or when the initiation is refused or subsequently reversed.

Art. 151: Planning and Building Control Act (PBCA) Open official source

51 1 After the legally binding initiation of the procedure, a draft of the neighborhood plan is prepared.

B. Plan

development

2 The draft can be submitted to the competent Directorate for preliminary review. I. First

3 The preliminary review takes place within two months.

Draft and

Preliminary Review

Art. 152: Planning and Building Act (PBA) Open official source

51 1. First Meeting

1 After the district plan draft and any preliminary review report have been prepared, the landowners and, if related changes are foreseen, those entitled through easements, land charges, or registered personal rights will be invited to a negotiation by written notice.

2 From the time of the notice until the negotiation, the district plan draft and the preliminary review report will be made available for inspection by the involved parties.

3 At the negotiation, the draft shall be explained, and the wishes and suggestions of the involved parties shall be received; these can be submitted in writing within 30 days thereafter.

Art. 153: Planning and Building Act (PBA) Open official source

27 Within six months after the expiry of the deadline for submitting written comments, the objections are to be settled and the draft revised.

**III. Revision**

**1. Deadline**

Art. 154: Planning and Building Act (PBA) Open official source

1 The revised draft shall be made available for inspection by the parties concerned for 30 days for the 2nd public display; at the same time, they shall be invited to a second meeting, which must be held within a further 30 days.

2 The public display and invitation shall be communicated to the parties concerned in writing.

Art. 155: Planning and Building Act (PBA) Open official source

**1 Submitting Requests within the Objection Period**

**3. Submission of Requests**

a. concerning the fundamentals of the developments and communal facilities and equipment,

b. for release from the procedure,

c. for a different re-allocation,

d. for rejection of replacement land of a public body outside the district plan area.

2 Such requests are only admissible later if it is proven that they could not have been submitted within the deadline even with the application of the required diligence.

3 Other requests can also be submitted at the second meeting.

4 Anyone who does not submit requests in due time is excluded from doing so in the appeals procedure.

**700.1 Planning and Building Act (PBA)**

**IV. Second Meeting**

**V. Plan Amendment**

**C. Determination and Approval**

**I. Determination**

**II. Approval**

**1. Procedure**

**2. Legal Effect**

**D. Plan Development by Landowners**

Art. 156: Planning and Building Act (PBA) Open official source

At the hearing, the revised draft will be explained and positions will be taken on requests.

Art. 157: Planning and Building Act (PBA) Open official source

1 Within four months of the second meeting, an attempt must be made to resolve the remaining issues, and the draft must be finalized.27

2...25

3 This finalized draft must meet the accuracy requirements of the mutation documents to be prepared upon the execution of the neighborhood plan.

Art. 158: Planning and Building Act (PBA) Open official source

51 After the completion of the rectification procedure, the municipal executive body sets the neighborhood plan.

Art. 159 : Planning and Building Act (PBA) Open official source

51 1 The adopted neighbourhood plan requires approval by the competent directorate.

**2 Approval is usually granted within two months.**

**3 The approval decision, together with the adopted neighbourhood plan, is published by the municipality, made available for public inspection in the municipality, and communicated in writing to the interested parties.**

Art. 160: Planning and Building Act (PBA) Open official source

1 With the approval, the legal relationships established by the district plan

replace the previous ones by operation of law; however, rights necessary

for the management and marketing of the properties to the previous extent

may continue to be exercised as long as factual reasons require it.

2 The rights and obligations of mortgage creditors, regardless of whether

they are based on a statutory or contractual mortgage, are governed by

the provisions of the Swiss Civil Code12 concerning pledges in land

consolidation.

Art. 160a : Planning and Building Act (PBA) Open official source

26 1 If the application for the initiation of proceedings is submitted jointly by all

landowners in the designated area, the Municipal Council57 may, upon their request,

transfer the preparation of the neighbourhood plan to them with the initiation resolution.

36

Planning and Building Act (PBG)

700.1

2 The neighbourhood plan prepared by the landowners must comply with statutory requirements

regarding boundaries, deductions for public traffic routes

and for utility installations, as well as allocations and other

legal relationships concerning development facilities. Otherwise, it may contain

different and further-reaching provisions, provided that no mandatory

regulations and no public interests are violated thereby.

3 The landowners are not bound by the procedural rules

for plan preparation. The neighbourhood plan prepared by them

requires the consent of all landowners in the designated area. If limited real rights of third parties are amended thereby,

their consent is also necessary.

4 Upon request of a party or after the expiry of a set deadline, the Municipal Council57

shall continue the proceedings, taking into account the preparatory work.

5 The neighbourhood plan prepared with the consent of all parties

shall be approved by the Municipal Council57 under the conditions and with the

legal consequences that apply to the establishment of an officially

prepared neighbourhood plan.

Art. 160b: Planning and Building Law (PBL) Open official source

26 For quarter plan revisions limited to partial measures E. Revision, the Municipal Executive 57 may, immediately after the legally binding approval of the initiation of proceedings by the competent Directorate 51, lay out the revision draft and invite to a meeting corresponding to the second meeting in the ordinary procedure.

4. Implementation 27

Art. 161: Planning and Building Act (PBA) Open official source

1. Unverzüglich nach der Genehmigung des Quartierplans A. Grundbuch-

veranlasst der Gemeindevorstand57 die Erstellung der Mutationsakten, licher Vollzug

wobei auf die Vermarkung und die Aufnahme im Feld verzichtet wer-

den kann, soweit das Vermessungsrecht es zulässt; die Beteiligten er-

halten die sie betreffenden Auszüge aus den Mutationsunterlagen.

2. Hernach gibt der Gemeindevorstand57 unter Beifügung der nöti-

gen Unterlagen die Anmeldung für den grundbuchlichen Vollzug des

Quartierplans ab.

3. Liegt lediglich eine Teilgenehmigung des Quartierplans vor, erfolgt

die Anmeldung für den genehmigten Teil.

1. 1. 25-127

37

700.1

Planungs- und Baugesetz (PBG)

B. Geld-

schulden und

-forderungen

I. Fälligkeit und

Zahlung

---

1. Immediately after the approval of the neighbourhood plan, the municipal council57 arranges for the creation of the mutation documents, whereby the marking out and field survey can be omitted, insofar as surveying law permits; the parties concerned receive the extracts from the mutation documents that pertain to them.

2. Subsequently, the municipal council57 submits the application for the land register execution of the neighbourhood plan, enclosing the necessary documents.

3. If only a partial approval of the neighbourhood plan is available, the application is made for the approved part.

A. Execution in the Land Register

1. 1. 25-127

37

700.1

Planning and Building Act (PBA)

B. Monetary Debts and Claims

I. Due Date and Payment

Art. 162: Planning and Building Act (PBA) Open official source

1. Compensation and remunerations become due upon delivery of the mutation documents to the parties involved, but no later than three months after the approval of the district plan.27

2. Property owners are obliged to tolerate the outcome of land readjustment mutations, especially after the construction of the access facilities, subject to monetary equalization; this obligation must be noted in the land register.

3. The municipality is the debtor or creditor vis-à-vis the property owner.

4. Compensation and remunerations, to the extent that they are not offset against counterclaims, must be paid within 60 days; thereafter, they accrue interest.

Art. 163: Planning and Building Act (PBA) Open official source

Compensation claims established by the district plan are considered legal titles for the purpose of debt enforcement (Rechtsöffnungstitel) within the meaning of Art. 80 para. 2 of the Debt Enforcement and Bankruptcy Act (SchKG14).

Art. 164: Planning and Building Act (PBA) Open official source

The services of a private individual may be deferred for a maximum of two years if immediate collection would constitute an unreasonable hardship.

Art. 165 : Planning and Building Act (PBA) Open official source

1 The landowner can avoid paying the compensation by returning the newly allocated plot to the municipality within 60 days of the approval of the district plan.

2 In this case, the municipality must compensate the value that the property had on the valuation date, without considering any increase in value resulting from the district plan.

3 If the parties cannot agree, the municipality must initiate proceedings according to the Law concerning the Assignment of Private Rights.

II. Legal

Remedy / Legal Opening

III. Postponement

IV. Exemption

A. Building Obligation

I. Principle

5. The construction of the access facilities, furnishings,

and equipment; legal relationships27

Art. 166: Planning and Building Act (PBA) Open official source

1 The access facilities, communal installations, and equipment provided for in the district plan may be constructed by the participating landowners.

2 The projects must meet the technical requirements of comparable public works.

3 The infrastructure provider, into whose ownership the access facilities transfer upon their completion, is responsible for project approval and supervision of construction.

38

Planning and Building Act (PBA)

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4 The Municipal Executive57 approves the projects for communal installations and equipment and supervises their construction.

Art. 167: Planning and Building Law (PBL) Open official source

1. If the main development is legally and financially secured, the municipal council initiates the construction of the development facilities, communal amenities, and infrastructure provided for in the district plan, upon application by an interested party or ex officio, if the demand for developed building land or the stage of development requires it.

2. The construction is carried out at the expense of the affected landowners; they must make appropriate advance payments in accordance with the progress of construction.

Art. 168: Planning and Building Law (PBL) Open official source

27 If the neighborhood plan area does not yet need to be developed according to the development plan, the municipality's building obligation under neighborhood plan law is only triggered when the main development is legally secured and when the entire foreseeable construction costs have been advanced by the applicants. The owners of developed properties are obliged to immediately participate in the costs for the corresponding area.

Art. 169: Planning and Building Act (PBA) Open official source

1. Award of The works and supplies shall be awarded by the municipality on the basis of a competition or by private treaty, unless the municipality carries them out itself; the property owners liable for payment shall be consulted beforehand.

2. As a rule, the most cost-effective offer shall be considered, provided that the contractor guarantees timely and proper execution of the work or supply.

3. The municipality is not bound by any tender regulations.

Art. 170: Planning and Building Act (PBA) Open official source

1 Owners of overbuilt properties must adapt buildings, infrastructure, and development facilities, including their surroundings, to the neighborhood plan at their own expense.27

2 Further obligations arising from building law permits remain reserved.

Art. 171: Planning and Building Act (PBA) Open official source

B. Legal

relationships

I. Development

facilities

1. Art. 25-127

700.1

The development facilities, upon their completion, are transferred gratuitously into the ownership of the municipality or the respective utility provider, unless ownership has already been transferred based on allocation.

39

Planning and Building Act (PBA)

II. Common

facilities

and

equipment

III. Subsequent

purchase

C. Deferral

D. Accounting

I. Settlement

II. Indebtedness

**Art. 172 : Planning and Building Act (PBA)** Open official source

The legal relationships regarding common facilities and equipment are determined by the provisions of the quartering plan.

Art. 173: Planning and Building Act (PBA) Open official source

1. Owners who have not participated in the creation costs do not acquire a right to the development facilities and to the communal fixtures and equipment, irrespective of the legal relationships pertaining thereto, that exceeds the needs of their previous property use until after they have bought in.

2. This ownership restriction can be registered in the land register.

3. The buy-in amount consists of the proportional costs at the time of the creation of the facilities; it must bear interest.

4. Outstanding buy-in amounts become due when the neighbourhood plan area falls within the temporal scope of the development plan.

Art. 174: Planning and Building Act (PBA) Open official source

1 In cases of hardship, cost shares of landowners of small plots who are unwilling to build, which must be paid for the construction of facilities planned in the neighbourhood plan within the framework of the development plan or otherwise for compulsory purchase, shall be deferred by the municipality for a maximum of 10 years. They shall accrue interest.

2 These owners shall only have the rights in respect of the development facilities and the common fixtures and fittings that are accorded to those who have not contributed to the construction costs.

Art. 175: Planning and Building Act (PBA) Open official source

1 The Municipal Council is responsible for the accounting.

2 Upon completion of the construction work, it prepares a provisional statement of account and debits or credits the parties concerned accordingly.

3 Subsequently paid-in purchase contributions shall be disbursed on an ongoing basis and in proportion to their contributions to those parties who have borne the construction costs.

4 After receipt of all purchase contributions, the final statement of account is prepared and the definitive contribution of each party is determined; the parties shall be notified thereof in writing.

Art. 176: Planning and Building Act (PBA) Open official source

Debtors of outstanding development, equipment, and furnishing contributions are the owners of the contribution-liable property at the time of the final settlement; the claim to any potential reimbursements is due to them.

40

Planning and Building Act (PBG)

700.1

6. Procedural Costs27

Art. 177: Planning and Building Act (PBA) Open official source

1 The costs incurred by the municipality for the preparation, relocation, and

execution of the neighborhood plan are to be paid by the involved property owners,

including interest, generally in proportion to the areas of their new properties.

Special circumstances are to be considered.

2 The Municipal Executive Board57 may demand an appropriate advance payment

or reasonable interim payments.

3 The final statement of account must be communicated in writing.

4 The debtor is the current owner of the property.

B. Boundary Adjustment27

Art. 178: Planning and Building Act (PBA) Open official source

1. Obstruction by Boundary Lines or Building Lines; Exchange of Land Parcels

**A. Subject Matter**

**I. Exchange**

1. If boundary lines or building lines hinder the appropriate development of individual plots of land, an exchange of independently undevelopable land parcels can be ordered, provided this does not result in unreasonable disadvantages for the involved landowners.

2. An exchange can furthermore be undertaken if it is necessitated in connection with the land register survey.

3. The exchange is carried out based on area, taking into account differences in value, unless the parties agree on a different standard.

Art. 179: Planning and Building Act (PBA) Open official source

If an exchange is not feasible, unbuildable land and parts of land can be allocated to an adjacent parcel under the same conditions.

II. Unilateral Allocation of Rights

Art. 180: Planning and Building Act (PBA) Open official source

III. Limited

Instead of boundary adjustments or in addition thereto, limited real rights may be established, amended or cancelled, in particular if this can avoid a one-sided allocation without unreasonably affecting previously entitled parties or newly burdened parties.

Art. 181: Planning and Building Act (PBA) Open official source

1 The procedure is initiated upon application by a landowner, or where the structural development and the development plan make it desirable, by the municipal council ex officio.

B. Procedure

I. Initiation

2 Only the rejection of an application is appealable.

Art. 182: Planning and Building Act (PBA) Open official source

The Quarter Plan Commission or the Building Authority submits a draft to the parties involved and aims for an amicable settlement.

1.1.25-127

41

700.1

II. Draft

III. Determination

IV. Costs

C. Referral

to the

Quarter Plan

Procedure

Principle

Public Interest

in the Particular

Area

Planning and Building Act (PBA)

Art. 183: Planning and Building Act (PBA) Open official source

1 If the parties cannot agree within two months of the submission of the draft, the municipal executive committee shall determine the boundary adjustment, including any limited real rights and the compensation consequences.

2 The determination decision must be communicated to the parties in writing.

3 The boundary adjustment does not require approval.

Art. 184: Planning and Building Act (PBA) Open official source

The procedural costs shall be borne by the parties in proportion to their interest.

Art. 185: Planning and Building Act (PBA) Open official source

Furthermore, the provisions regarding the official district plan procedure apply mutatis mutandis.

C. Area Redevelopment27

I. Prerequisites

Art. 186 : Planning and Building Act (PBA) Open official source

1 In developed urban areas whose condition requires renewal in the public interest, area redevelopment may be carried out.

2 Orders for the rectification of police-related deficiencies in accordance with the building regulations of this Act remain reserved.

Art. 187: Planning and Building Act (PBA) Open official source

A public interest in renewal exists if the existing development

a. is in strong disproportion to the goals of the building and zoning regulations and thereby either significantly endangers the desired development or promotes a serious maldevelopment that cannot be corrected by other means, or

b. exhibits considerable deficiencies in terms of hygiene, access, facilities, equipment, or urban design that cannot be eliminated by other means.

Art. 188 : Planning and Building Law (PBL) Open official source

Each procedure must be subject to an area

whose renewal is possible within a reasonable period and which, with regard to its urban planning and architectural design, development, facilities, or equipment, constitutes a meaningful unit.

42

Planning and Building Act (PBA)

700.1

II. Further Provisions

Art. 189 : Planning and Building Law (PBL) Open official source

Unless otherwise stipulated below, A. Reference

the provisions concerning the master plan and the official district plan apply.

Art. 190: Planning and Building Act (PBA) Open official source

The procedure is initiated upon application of the landowners, B. Initiation of

who own more than two-thirds of the area of the redevelopment zone, procedure

or by the municipal executive ex officio.

Art. 191 : Planning and Building Act (PBA) Open official source

1 Total renewal aims at a new development C. Object

of the designated area; it can only be ordered if a partial

renewal does not allow for a favorable overall effect.

2 Partial renewal ensures the elimination of deficiencies through appropriate arrangements.

Art. 192: Planning and Building Act (PBA) Open official source

D. Design Plan

For complete renovations, a design plan must be drawn up, which is part of the district plan.

Art. 193: Planning and Building Act (PBA) Open official source

1 In comprehensive renovations, an E. Social Report

Report on the effects on landowners, tenants, and

leaseholders of the area covered at the time of the initiation of proceedings

as well as on the immediate surroundings must be prepared together with the district plan.

2 The report must be adequately considered when determining the district plan.

3 The report must be appended to the district plan.

4 Five years after the comprehensive renovation has been carried out, the

report must be compared with the actual effects; the result must be communicated

to the competent directorate.

Art. 194: Planning and Building Act (PBA) Open official source

1 During total renovations, insofar as circumstances permit, for businesses that serve the supply of the neighborhood and whose owners intend to move into the new development later, temporary replacement premises shall be provided during the construction period; the arrangement for replacement procurement shall be part of the neighborhood plan.

2 If the business owner waives the move-in, they shall reimburse the costs incurred by the enterprise.

Art. 195: Planning and Building Act (PBA) Open official source

1. **1 Renovation leading to the demolition of existing residential G. Protection**

**or commercial premises, the company must make all reasonable efforts to acquire or mediate suitable replacement premises for the affected owners, tenants, and lessees at the time of plan approval; proof thereof must be provided no later than before construction begins.**

1. 1. 25-127

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700.1

Planning and Building Act (PBA)

II. Existing

Buildings

I. Valuation

Standard

K. Allocation

Claims

I. Of the Municipality

II. Of the Property

Owner

L. Implementation

I. Transfer

of Rights

II. Construction

2. **When first renting out, the newly constructed residential or commercial premises must first be offered to the former tenants or lessees.**

Art. 196: Planning and Building Act (PBA) Open official source

1 Buildings whose demolition cannot be economically justified due to their condition and location must be preserved if their owners so desire.

2 However, adaptations of such buildings, including ancillary facilities, to the district plan may be ordered; the costs thereof shall be borne by the undertaking, unless the owner is subject to an obligation to adapt based on the building permit issued at the time.

Art. 197: Planning and Building Act (PBA) Open official source

In the case of comprehensive renovations, the valuation of the included parcels of land is carried out according to the ratio of their values.

Art. 198 : Planning and Building Law (PBL) Open official source

For areas of public land that, according to the neighborhood plan, are no longer required for public needs, the municipality is entitled to a corresponding allocation claim.

Art. 199 : Planning and Building Law (PBL) Open official source

The landowners in the captured area are entitled, depending on the circumstances, to

* have their existing ownership conditions maintained;

* be allocated a new independent parcel of land; or

* be allocated a share in common ownership, ordinary co-ownership, or condominium ownership corresponding to the value of their contributed parcel of land.

Art. 200: Planning and Building Act (PBG) Open official source

1 The neighborhood plan regulates the time at which the new legal relationships, following the approval of the neighborhood plan and any eventual development plan, replace the previous ones; where circumstances justify it, the transfer of rights can be provided for in stages.

**2 The preparation of the mutation records must be initiated without delay after the new legal relationships come into effect.**

**3 Compensations and remunerations become due upon the availability of the mutation records, but no later than three months after the transfer of rights.**

Art. 201: Planning and Building Act (PBA) Open official source

1 The neighborhood plan defines when and, if applicable, in

which construction phases the renewal is to be carried out.

2 If the parties involved cannot agree on the timely construction,

the provisions that apply to the ordinary neighborhood plan in the temporal scope of the development

plan for the construction of development facilities, furnishings, and equipment shall apply analogously.

44

Planning and Building Act (PBG)

700.1

Art. 202: Planning and Building Act (PBA) Open official source

1. Every landowner in the covered area has the right to cede their property to the community.

2. The right of cession may be declared from the legal force of the initiation resolution until, at the latest, the start of construction of the building stage in which the ceding party is involved.

3. With the declaration of exercise, the municipality, irrespective of a dispute regarding the cession compensation, assumes the legal position of the ceding party.

4. The cession compensation is determined according to the value conditions on the valuation reference date, taking into account payments made and owed by the ceding party; if the parties cannot agree, the municipality must initiate the procedure according to the Law concerning the Assignment of Private Rights.

schlagsrecht (right of cession)

III. Title: Nature and Heritage Protection

a.

b.

A. Protection

Art. 203: Planning and Building Act (PBA) Open official source

1 Protected objects are

a. essentially unspoiled natural and cultural landscapes and corresponding waters, including their banks and vegetation;

b. viewpoints and scenic outlooks;

c.27 town centers, quarters, streets and squares, groups of buildings, buildings and parts thereof as well as their appurtenances, which are worthy of preservation as important witnesses of a political, economic, social, or architectural epoch, or which significantly shape landscapes or settlements, together with their essential surroundings;

d. prehistoric and historic sites and fixed objects, as well as areas of archaeological importance;

e. natural monuments and medicinal springs;

f.27 valuable park and garden facilities, trees, tree populations, field copses and hedges;

g.27 rare or endangered animals and plants and the habitats necessary for their preservation.

2 The authorities responsible for protective measures shall draw up inventories of the protected objects. The inventories are open for inspection at the municipal administrations where the object is located, and inter-communal inventories are also available at the competent Directorate33.26

Inventories4

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700.1 Planning and Building Act (PBA)

B. Binding effect on the

Community

C. Protective

measures

I. Types

II. Content

III. Clarification

and safeguarding

D. Provisional

protective

measures

I. With inventory

Art. 204: Planning and Building Act (PBA) Open official source

1 The State, municipalities, as well as those corporations, foundations, and autonomous institutions under public and private law that perform public tasks, must ensure in their activities that protected objects are spared and, where the public interest in them outweighs other considerations, are preserved undiminished.

2 To the extent possible and reasonable, replacement must be provided for destroyed protected objects.

Art. 205: Planning and Building Act (PBA) Open official source

27 Protection is afforded by

a. Measures under planning law,

b. Ordinance, particularly for protection measures covering a larger area,

c. Order,

d. Contract.

Art. 207: Planning and Building Act (PBA) Open official source

1 Protective measures prevent impairments to the protected objects, ensure their care and maintenance, and, if necessary, order restoration. Their scope must be precisely defined both locally and factually in each case.

2 If orders exceed the general obligation of the owner to maintain their property in an unreasonable manner, the care must be assumed by the ordering public authority and tolerated by the owner; public law agreements to the contrary and the right to assumption remain reserved.

Art. 208 : Planning and Building Act (PBA) Open official source

1 For clarifying the worthiness of protection and the necessary planning measures, the state and municipalities have the powers they possess under planning law; the same applies to the duty to provide compensation.

2 Legally binding orders based on a decree can be noted in the land register.

Art. 209: Planning and Building Act (PBA) Open official source

1...25

2 The written communication to the landowner regarding the inclusion of his property in an inventory imposes a prohibition against making any physical alterations to the designated object without the permission of the ordering authority.

3 The prohibition on alteration lapses if a permanent order is not issued within one year of the written communication.

4...25

46

5

25

Planning and Building Act (PBA)

700.1

Art. 210 : Planning and Building Law (PBL) Open official source

II. Without an inventory

Provisional protective measures can be ordered in the same proceedings and with the same legal effects even without an inventory.

Art. 211: Planning and Building Act (PBA) Open official source

1 The competent directorate shall take protective measures for objects E. Competence

of significance extending beyond the municipal boundaries. It shall and

consult the municipality and the regional planning association beforehand. financing

Within its area of competence, it shall exercise supervision over the municipalities.33

2 The municipal executive board57 shall take protective measures for objects

of communal significance.23

3 The canton may demand contributions towards its costs from municipalities

that derive particular benefit from protective measures.45

4 Appeals against protective measures shall not have suspensive

effect.26

Art. 212: Planning and Building Law (PBL) Open official source

1. The community that has ordered a permanent protective measure may demand the transfer of a protected object into its ownership if, according to the purpose of the protective measure, specific care is necessary, the landowner does not commit to it or is unable to do so, and the community cannot reasonably be expected to provide the care without ownership.

2. The right to transfer can be asserted at any time.

3. If no agreement is reached regarding the existence and scope of the claim and the compensation, the valuation commission shall decide in accordance with the legislation concerning the transfer of private rights8.51

Art. 213 : Planning and Building Law (PBL) Open official source

G. Claims

of the Landowner

I. Claim

for a Decision

1 Every landowner is entitled at any time to demand from the municipality a decision regarding the protectability of their property and the scope of any protective measures, provided they credibly demonstrate a current interest.

2 The request must be submitted in writing to the municipal executive.

3 The competent municipality shall make the decision within one year at the latest, although in exceptional cases it may notify the landowner before the deadline that the processing period will be extended by a maximum of one additional year. If no decision has been made before the deadline, a protective measure can only be ordered if circumstances have significantly changed.

Art. 214: Planning and Building Act (PBA) Open official source

1 If the protective measure results in a material expropriation, the person affected has the right of reversion in addition to any claim for compensation.

II. Right of reversion

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Planning and Building Act (PBA)

2 With regard to content and procedure, the provisions concerning the open space zone apply accordingly.

H. Transfer

Art. 215 : Planning and Building Act (PBA) Open official source

Objects of protection acquired by virtue of public law may be transferred by the acquirer to persons governed by public or private law, provided that the continuation of the protective measures is guaranteed. The former owner has no right of recovery.

I. Consultation

Art. 216: Planning and Building Act (PBA) Open official source

38 1 The Government Council appoints one or more commissions

of experts to advise the municipality on matters of nature

and homeland protection.

2 The Government Council refers important questions of inter-

municipal significance to them for assessment; further assessment

tasks may also be assigned to them.

3 The commissions may, at the suggestion of a third party, comment

on questions of nature and homeland protection.

K. Cost Shares

Art. 217: Planning and Building Act (PBA) Open official source

45 1** The Canton shall contribute to the costs incurred by municipalities for measures aimed at preserving or maintaining townscapes of cantonal and regional importance, up to 60% of the eligible expenses.

**2** The Canton may grant subsidies

a. to private individuals and institutions up to the full amount of eligible expenses for measures related to the creation, preservation, development, design, or maintenance of natural and heritage protection objects as well as recreation areas;

b. to municipalities up to half of the eligible expenses for measures undertaken in the interest of natural and heritage protection objects as well as recreation areas;

c. to municipalities and corporations that, due to self-imposed obligations in accordance with

Art. 218: Planning and Building Act (PBA) Open official source

1. Legal Nature

The building regulations of this Act are public law; they do not establish private rights.

2. They are only subject to a private law regulation binding upon the building authorities where expressly provided for.

Art. 219: Planning and Building Law (PBL) Open official source

For buildings and facilities that are used in an unusual manner, particularly trigger heavy traffic, or inherently pose increased dangers for users and the neighborhood, stricter building regulations are to be established by ordinance or, as long as no such ordinance specifies anything on the matter, in individual cases.

Art. 220 : Planning and Building Act (PBA) Open official source

1 Exemptions from building regulations are to be granted in individual C. Exemption

cases if special circumstances exist where the enforcement of permits

the regulations appears disproportionate.27

2 Exemption permits may not contravene the spirit and purpose

of the regulation from which they grant exemption, nor otherwise violate

any public interests, unless the fulfillment

of a task legally incumbent upon the community would be rendered impossible

or excessively difficult.

3 A neighbor may not be unreasonably disadvantaged by exemption permits from regulations

that also protect them;

however, exemption permits may not be made dependent on the consent of

the neighbor.

Art. 222 : Planning and Building Act (PBA) Open official source

D. Joint Works

Where a public interest outweighs opposing private interests, the owners of neighbouring properties can, even outside of planning law provisions, by order of the municipal executive council57 or, where immediate state interests exist, by the competent Directorate51, be declared mutually entitled and obliged

a. to jointly construct, operate and maintain certain buildings, installations, fittings and equipment, and, if necessary, to provide advance payments or contributions for this purpose,

b. to connect to existing such works against reasonable compensation.

Pre- requisites

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Planning and Building Act (PBA)

II. Legal Relations

1. Agreement

2. Official Order

III. Construction

E. Limitations

on the Exercise of Ownership and Possession

I. Protection against Interferences

1. General

Art. 223: Planning and Building Act (PBA) Open official source

1 If there is sufficient public interest in a joint project, the municipal board57 or the competent directorate51 shall set a reasonable deadline for the owners to conclude an agreement, which must at least regulate

a. the legal relationships concerning the joint project,

b. the necessary financial compensation and the distribution of construction, operating, and maintenance costs,

c. the time of the execution of the legal relationships and the construction, both possibly in stages.

2 The agreement requires approval by the municipal board57 or by the competent directorate51 and must be noted in the land register as a public-law restriction on ownership.

Art. 224 : Planning and Building Act (PBA) Open official source

1 If the owners cannot agree on the regulation of legal relations within the given period, building permits are to be refused or made subject to ancillary provisions that adequately protect the public interest in another way.

2 Under the same condition, and if the public interest cannot be adequately protected by ancillary provisions to a building permit or if a refusal would be disproportionate, a draft regulation of the legal relations shall be submitted to the parties involved. If the parties involved do not agree within two months, the required regulation will be stipulated by decree and noted in the land register.

Art. 225: Planning and Building Law (PBL) Open official source

1 Community works shall be constructed by the participating landowners.

2 If the parties cannot agree on the timely construction, the provisions applicable to the construction of development facilities, equipment, and installations under an ordinary district plan, within the timeframe of the development plan, shall apply mutatis mutandis.

Art. 226: Planning and Building Act (PBA) Open official source

1 Everyone is obliged, when exercising their ownership and possession, to take all reasonable constructional and operational measures to minimize impacts on the surroundings; they must adapt these precautions to technical developments in a timely and appropriate manner.

2 When using buildings, installations, fittings, equipment, and operational areas, the environment must not be impacted in a manner that is excessive according to the circumstances.

3 Stricter or more lenient planning law provisions, particularly for industrial and commercial enterprises, remain reserved.

50

Planning and Building Act (PBA)

700.1

4 Paragraphs 1 and 2 apply mutatis mutandis also to the execution of construction work.

5 The building permit may require that construction site traffic use specific traffic routes. Upon request of a potentially affected neighboring municipality, the permit, to that extent, requires approval by the competent Directorate.

Art. 227: Planning and Building Act (PBA) Open official source

1. Businesses with Heavy Transports

Businesses are impermissible if, by their purpose, they are dependent on continuous and densely consecutive heavy transports, when such traffic would have to lead through building zones predominantly designated for residential purposes within the catchment area of the facility and would impact them in an unreasonable manner.

**2. Decision-making Process**

The building permit decision regarding such businesses requires, upon request by a municipality likely to be affected by the traffic, the approval of the competent Directorate.

Art. 228: Planning and Building Law (PBL) Open official source

1 Properties, Buildings, Installations, Equipment and Out- II. Maintenance

**fittings must be maintained. Neither persons nor the and**

**property of third parties may be endangered.**

**2 No conditions contrary to building regulations may be created by subdividing properties.**

**Subdivision of Properties**

Art. 229 : Planning and Building Act (PBA) Open official source

1. Right of Access to Neighboring Properties

1 Every property owner is entitled to enter and temporarily use neighboring properties for preparatory acts included for the construction, modification or maintenance of buildings, installations, fittings and equipment, as far as it is necessary and as far as the property of the affected party is not unreasonably endangered or impaired thereby.

1. Scope

2 This right must be exercised as considerately as possible and against full compensation.

Art. 230: Planning and Building Act (PBA) Open official source

27 1 The claim must be precisely and timely communicated in writing 2. Procedure

to the affected party by the claimant.

2 If the affected party does not agree within 30 days of the communication

or if the parties do not agree on the compensation, the local building authority

shall, upon request of the claimant, decide in a speedy procedure on the

admissibility of the claim and on the compensation.

Art. 231 : Planning and Building Act (PBA) Open official source

1 For the use of public land, including the subsoil and the airspace, for private purposes, a permit or concession is required, depending on the circumstances.

2 Such use must be compensated, unless it is prescribed or permitted by land-use planning specifications and provisions.

3 When assessing compensation, particular consideration must be given, in a fair manner, to the extent and duration of the use, the economic benefit for the concessionaire, and any disadvantages for the public entity.

4 Municipalities are entitled to issue a scale of fees for the use of their public land within the framework of this law. II. Of Public Land

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700.1 Planning and Building Act (PBA)

Art. 232 : Planning and Building Act (PBA) Open official source

1 The community is entitled to install, free of charge, facilities in the public interest that have a minor impact on land use, on properties and on buildings and installations belonging to third parties; in doing so, it must give due consideration to the interests of the affected party.

**2 The planned claim must be communicated precisely and promptly in writing to the affected parties.**

**3 The community must, at its own expense, undertake adjustments or relocations if changes to the property or to buildings and installations require it and no important public interests are adversely affected.**

Art. 232a : Planning and Building Act (PBA) Open official source

62 1 The competent Directorate shall, in the building permit procedure,

stipulate the obligation for rail transport of excavated material and aggregates,

if

a. the construction site is located in an area with an obligation for rail transport

and

b. large quantities of excavated material and aggregates are transported.

2 If the builder fails to fulfil the obligation imposed on them, the competent

Directorate shall levy a substitute charge.

3 The substitute charge shall be Fr. 20 to Fr. 50 per tonne of excavated material and

aggregates. The costs of rail transport shall be taken into account when determining the charge.

4 The Government Council shall determine

a. the areas in which the obligation for rail transport of excavated material

and aggregates exists,

b. the quantity of excavated material and aggregates from which the obligation for

rail transport exists,

c. the amount of the substitute charge.

5 It shall determine the areas and quantities in such a way that the proportion of rail

transports stipulated in the structural plan is achieved.

52

III. From

private

land

by the

municipality

G. Rail

transport of

excavated

material and

aggregates

Planning and Building Act (PBA)

B. Basic Requirements for Buildings and Facilities

700.1

Art. 233 : Planning and Building Law (PBL) Open official source

1 Buildings and facilities may only be constructed on plots A. Building Readiness

of land that are ready for construction or whose building readiness is I. Principle

secured upon completion, or, where circumstances require, already upon

the start of construction.

2 This provision also applies to conversions or changes of use that

represent a substantial deviation from the previous circumstances.

Art. 234: Planning and Building Act (PBA) Open official source

27 A parcel of land is buildable if it has been developed and if the building measure does not adversely affect any missing or through the municipal council 57 requested, land-use planning determination.

Buildable land in

Art. 235: Planning and Building Act (PBA) Open official source

27 Planning law specifications, the absence of which is opposed to a III. Planning-

building project, must be legally enacted within a maximum of three years.

After the expiry of this period, the lack of planning law building readiness

may only be asserted if the timely enacted specification cannot yet be put into effect

due to legal remedies.

Art. 236: Planning and Building Act (PBA) Open official source

IV. Development

1. In general

1 A parcel of land is developed if it is sufficiently accessible for the buildings and facilities planned to be erected thereon, if these can be adequately supplied with water and energy, and if the proper treatment of wastewater, waste materials, and contaminated sites is ensured.28

2 Where corresponding plans exist, they are binding for the type, location, design, and capacity of development and supply facilities, as well as equipment and furnishings, even if it is intended to initially utilize only individual parcels of land accordingly; however, where planning law and circumstances permit, phased construction shall be allowed under safeguarding ancillary provisions.

Particular

Art. 237 : Planning and Building Act (PBA) Open official source

1 Sufficient accessibility, in actual terms, requires an access road for the vehicles of public services and users, corresponding to the type, location, and purpose of the buildings or facilities. For larger developments, accessibility by public transport must also be ensured. For buildings and facilities with high freight traffic, rail connections are to be required where technically possible and reasonable.27

2 Access roads shall be safe for traffic for everyone. The Government Council shall issue standards for the requirements7.27

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B. Design

and Landscaping

I. In

General

II. Landscaping

in Particular

C. Other

Characteristics

3 Where there is a need, conditions permit, and it is economically reasonable, especially in the case of larger developments, pedestrian traffic shall be separated from vehicular traffic, and, provided that the public interest significantly outweighs conflicting private interests, vehicular traffic may be directed underground or the covering of the carriageway may be required.

4 Privately regulated accesses may not be altered or abolished, either factually or legally, without the consent of the local building authority; this restriction shall be noted in the land register.

Art. 238 : Planning and Building Law (PBL) Open official source

1 Buildings, facilities, and their surroundings must be designed, both individually and in their relationship with the architectural and landscape environment as a whole and in their individual parts, in such a way that a satisfactory overall effect is achieved; this requirement also applies to materials and colours.

2 Special consideration must be given to objects of nature and homeland protection; they must not be impaired, even by changes of use and maintenance work for which no building permit is required.

3...71

4 Sufficiently adapted energy improvements and facilities for the use of renewable energies, especially solar installations, shall be approved, provided that no overriding public interests are opposed.65

Art. 238a : Planning and Building Act (PBA) Open official source

69 1 Front gardens and other suitable parts of the building

surroundings are to be maintained or developed to a reasonable extent as ecologically valuable green spaces.

2 The sealing of land areas not covered by buildings is to be kept as low as possible.

3 Where possible, existing trees are to be preserved or appropriate replacement and new plantings are to be provided. Sufficient root space and adequate space for infiltration must be ensured. The proper use of the property must not be excessively hampered thereby.

4 The building and zoning regulations may contain supplementary provisions for specific zones or areas.

5 Greenery must be maintained and replaced if it dies off.

Art. 239: Planning and Building Act (PBA) Open official source

1 Buildings and installations must comply with the recognized rules of construction practice in terms of foundation, design, and materials. They must not endanger persons or property either during their construction or through their existence.

54

Planning and Building Act (PBG)

700.1

2 The materials used must not cause any health impairments and must be disposable in an environmentally sound manner. When demolishing buildings and installations, the materials must be appropriately separated with a view to proper disposal.28

3 Buildings must satisfy the requirements of residential and occupational hygiene, as well as fire protection, both externally and internally. With a view to minimizing energy consumption, buildings and installations must be adequately insulated, and fittings and equipment professionally installed and operated.29

4...49

Art. 239a : Planning and Building Act (PBA) Open official source

47 1 Publicly accessible buildings and facilities within the meaning D. Accessible

of Article 3 lit. a of the Disability Equality Act of 13 December Construction

2002 (BehiG) 10 and Article 2 lit. c of the Disability Equality I. New and

Ordinance of 19 November 2003 11 must be designed in such a way Conversions

that they are accessible and usable for people with disabilities 1. In

pursuant to Article 2 para. 1 BehiG. General

2 In residential buildings with more than eight dwelling units, all

units must be accessible for people with disabilities. The interior of

the individual dwelling units must be adaptable to the needs of

people with disabilities.

3 Buildings with more than 50 workplaces or with more than 1000 m²

of floor area serving a workplace-intensive use must be accessible

for people with disabilities and adaptable to their needs internally.

Art. 239b : Planning and Building Act (PBA) Open official source

47 1 In new residential buildings with five to eight dwelling units, the units on at least one floor must be accessible to people with disabilities. Access to the remaining dwelling units must be adaptable.

2 The interior of the individual dwelling units must be adaptable to the needs of people with disabilities.

Art. 239c : Planning and Building Act (PBA) Open official source

Here is the English translation of the provided text, preserving the original structure and formatting

**3. Common Provisions**

**47**

1 The details concerning the structural measures required according to Sections 239a and 239b shall be determined according to the recognized rules of building practice. The Government Council shall designate the authoritative regulatory frameworks.

2 Furthermore, the Disability Equality Act shall be applicable.

3 Structural measures according to Sections 239a and 239b must be proportionate. Proportionality shall be assessed according to Articles 11 and 12 of the Disability Equality Act (BehiG).

**700.1 Planning and Building Act (PBA)**

**II. Adaptation of Public Buildings**

**E.48 Road Safety**

**I. General**

**II. Through Roads in Particular**

**F.48 Vehicle Parking Spaces**

**I. Number**

Art. 239d : Planning and Building Act (PBA) Open official source

47 1 Anyone performing public duties shall, regardless of a renovation or

redevelopment project requiring a permit, ensure that publicly used

buildings and facilities are accessible and usable for people with

disabilities (Art. 11 para. 4 Cst.).

2 The details concerning the construction measures required under para. 1

shall be determined according to the recognized rules of construction

technology. The Government Council shall designate the relevant

regulatory frameworks.

3 Construction measures according to para. 1 may be waived if their costs

exceed 5% of the building insurance value of the building as assessed

before the renovation.

Art. 240: Planning and Building Act (PBA) Open official source

1 Constructions, installations, plantings, and other uses of property may neither obstruct nor endanger traffic, nor impair the integrity and safety of the road body.

**2 In connection with constructions and installations that generate unusually heavy traffic, special measures to ensure traffic safety may be ordered at the expense of the developer.**

**3 Traffic access points in the vicinity of important public roads should, where possible, be provided from the rear or by consolidating several access points.**

Art. 241: Planning and Building Control Act (PBCA) Open official source

1 Prohibition of Lateral Access

1 For roads with heavy through traffic, the Cantonal Council (Regierungsrat), and in the cities of Zurich and Winterthur for municipal roads, the City Council (Stadtrat), may generally prohibit lateral access.

2 The ordering public authority must create an alternative access road essential for the use of the property, which in its usability must correspond to the previous access road, but at most to the permitted use of the property; for this purpose, it has the right of expropriation.

Art. 242: Planning and Building Act (PBA) Open official source

27 1 The Building and Zoning Ordinance determines the number of parking

spaces for vehicles, particularly for motor vehicles, which

are required for residents, employees, and visitors, according to local

conditions, the availability of public transport, and the utilization and

type of use of the property.

2 In normal cases, the number of parking spaces shall be determined

in such a way that the vehicles of the users of a building or facility can be

parked off public land. If there is an overriding public interest, particularly

concerning traffic or the protection of residential areas, natural and heritage

conservation sites, air and water, the number of required spaces may be set

lower and the total number may be limited.

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Art. 243: Planning and Building Act (PBA) Open official source

27 1 Parking Spaces to be Provided to the Required Extent

a. upon new construction of buildings and facilities,

b. upon general structural alterations affecting a substantial part of the

building or facility or enabling a significantly different use than before,

c. upon changes of use that are expected to create substantially different

traffic needs.

2 For existing buildings and facilities, the creation or removal of parking spaces

may be required independently of alterations if the existing situation regularly

causes traffic disruptions or other nuisances, or if the number of employee

parking spaces significantly exceeds the prescribed total. The obligation

must be technically and economically reasonable under the circumstances.

**II. Obligation to Provide**

Art. 244: Planning and Building Law (PBL) Open official source

1. Location and Laying Out of Parking Spaces

1. The parking spaces must be located on the building plot or in a useful distance from it.

2. They must also be laid out safely for traffic, taking into account future road expansion; in road setback areas, mandatory spaces may only be located if their later relocation is possible at the expense of the obligor and is legally secured.

3. An appropriate number of parking spaces must be provided in an easily accessible location for visitors. Parking spaces not intended for visitors must be laid out underground or covered if the neighborhood can be significantly protected thereby, the conditions permit it, and the costs are reasonable.

Art. 245: Planning and Building Act (PBA) Open official source

Here is the English translation

1...25

Design27

IV. Community Facilities27

2 The creation of public or private community facilities and participation therein may be ordered on an area-specific basis by the Municipal Executive57 or by the local Building Authority within the building law approval procedure, and further regulated,

a. if a public interest, particularly relating to traffic as well as the protection of residential areas, nature and heritage protection objects, and waters, opposes the creation of parking spaces on the individual properties,

b. if actual fulfillment by the building obligation holder is not possible or not reasonable due to local conditions.

3 Such orders include the prohibition to create parking spaces on the properties concerned that do not serve goods handling, a specific personal need to be further defined, or the parking of two-wheeled vehicles.

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Planning and Building Act (PBG)

V. Compensation Levy27

1. Prerequisite

and Amount

2. Obligations of

Municipalities

G.48 Play and

Rest Areas;

Gardens

Art. 246 : Planning and Building Law (PBL) Open official source

1 If participation in a communal facility is not possible within a reasonable period, the landowner who, by virtue of official determination, is not required or permitted to create any or only a reduced number of their own parking spaces, must pay an appropriate fee to the municipality.

**2 No fee is payable insofar as the lack of parking spaces is due to the official abolition of private parking facilities.**

**3 The amount of the fee is determined by the average costs of private spaces in the corresponding area and by whether the private spaces could or would have to be designed as open or covered according to the circumstances; further consideration must be given to losses in value that arise for the obligated property without adequate parking facilities, the location of the obligated property in relation to an existing or planned public facility and its type, as well as the likely revenues of the public body.**

**4 Disputes concerning the obligation to pay the fee shall be decided in proceedings under the Law concerning the Assignment of Private Rights.**

Art. 247: Planning and Building Act (PBA) Open official source

1 The municipalities must deposit the charges into a fund that may only be used for the creation of parking space within a useful distance from the encumbered properties or for an expansion of public transport serving these properties.27

2 The fund resources are to be deployed as soon as circumstances permit.

3 Municipalities that establish a fund are obliged to carry out parking space planning and continuously adapt it to the prevailing conditions.

4 Other public entities and undertakings fulfilling public transport tasks may demand contributions from the municipality's fund if they create parking space that would otherwise have to be provided by the municipality.

Art. 248 : Planning and Building Law (PBL) Open official source

27 1** When constructing multi-family houses, a reasonable amount of traffic-safe areas must be designed as children's playgrounds, recreational gardens, and planting gardens, or, where there is a need according to the intended use of the buildings, as quiet areas. The same can be demanded for existing buildings if there is a need for it and the obligation is reasonable.

**2** The building and zoning regulations may contain supplementary provisions.

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700.1

Art. 249: Planning and Building Act (PBA) Open official source

¹ For new buildings and significant alterations or changes in purpose, where conditions permit, refuse disposal areas of suitable size and location shall be provided outside the road area for the collection of waste.

² The building permit for larger buildings may also require that suitable rooms for refuse containers be constructed in or near the buildings.

³ The municipalities may establish further provisions regarding facilities for appropriate waste disposal and composting.

⁴ For new and existing buildings and facilities that generate special waste or large quantities of waste, such as department stores and shopping centers, collection facilities shall be constructed and operated, which are also available to customers.

C. Permitted Building Plot Usages

I. Basic Rules

Art. 250 : Planning and Building Act (PBA) Open official source

1. The permissible structural use of a property is determined, according to the principles of exploitation, building method, and type of use, by the Building and Zoning Ordinance and the building regulations.

2. The Building and Zoning Ordinance takes precedence over the building regulations of cantonal law, provided it remains within the commune's legislative authority.

Art. 251: Planning and Building Act (PBA) Open official source

27, 59 The permissible utilization is determined by

a.55 utilization, coverage, green space, and building volume indices,

b. regulations regarding setbacks, the number of storeys, as well as boundary construction, attached buildings, building length, and building width.

Utilization

Art. 252: Planning and Building Act (PBA) Open official source

The regulations regarding the building method determine whether and

under which conditions open or closed construction is required, which

roof forms are permitted, and what other rules concerning the appearance

of buildings must be observed.

Art. 253: Planning and Building Law (PBL) Open official source

The regulations on land use determine for which land use

purpose buildings may or must serve.

1. 1. 25-127

59

700.1

External thermal

insulation

A. Floor Area

Ratio (FAR)

B. Building

Coverage Ratio

C. Green Space

Ratio

Planning and Building Act (PBA)

Art. 253a: Planning and Building Act (PBA) Open official source

46, 59 1 On existing buildings, external thermal insulation up to 35 cm thick may be installed regardless of legal setback regulations, length dimensions, and height dimensions. Overriding public interests remain reserved.

2 When calculating the building mass ratio, development ratio, and green space ratio, subsequently applied external thermal insulation is disregarded.

3 To the extent that setback regulations have been undershot with subsequently applied external thermal insulation, this will not be taken into account when legally assessing a building or facility on the neighboring property.

II. Utilization Ratios

Art. 255: Planning and Building Act (PBA) Open official source

55, 59 1 The floor area ratio is the relationship between the developable

floor area and the developable land area.

2 All rooms in full storeys intended or usable for residential,

commercial, or other permanent occupancy are developable for the floor area ratio,

including their associated access areas and sanitary facilities, along with internal

partition walls.27

3 Corresponding areas in attic, penthouse, and basement storeys

are developable, to the extent that, for each storey, they exceed the area

that would result from an even distribution of the total permissible floor area

ratio over the permissible number of full storeys.

4 Ancillary rooms serving residential comfort or workplace design

may be declared non-developable by ordinance.

Art. 256: Planning and Building Law (PBL) Open official source

55, 59 1 The building intensity figure is the ratio of the buildable

floor area to the buildable plot area. The buildable floor area is considered

to be the area within the projected facade line.

2 If the construction thickness of the facade exceeds 35 cm due to thermal

insulation, it shall only be taken into account up to this dimension.46

Art. 257 : Planning and Building Act (PBA) Open official source

70 1 The green space ratio is the ratio of the creditable green

area to the creditable plot area.

60

Planning and Building Act (PBA)

700.1

2 Creditable green area refers to natural or planted ground

surfaces of a plot that are not sealed and do not serve as parking

spaces.

3 If the construction thickness of the facade exceeds 35 cm due to

thermal insulation, only up to this dimension shall be taken into account.46

4 The Building and Zoning Ordinance may provide for the partial

replacement of creditable green areas by additional greening measures.

Permanently greened facade elements are also considered additional

greening measures.

Art. 258: Planning and Building Act (PBA) Open official source

55, 59 1 The building mass index is the ratio of the building volume D. Building

above the controlling terrain to the developable plot area. Mass Index

2 The volume of the building in its external dimensions shall be

deemed the building volume above the controlling terrain.

3 The volumes of open building parts that are less than half-

enclosed by finishes shall not be counted.

4 If the construction thickness of the facade and the roof exceeds

35 cm due to thermal insulation, it shall only be taken into account up to

this dimension.

Art. 259: Planning and Building Act (PBA) Open official source

55, 59 1 The creditable land area includes the land areas or parts of land

located in the respective building zone.

2 The areas of house driveways are credited. Areas for basic, coarse,

and fine development are not credited.

III. Distances

1. Common Provision

Art. 260: Planning and Building Act (PBA) Open official source

55, 59 1 The setback is the distance between the projected façade

line and the property boundary.

2 The building separation distance is the distance between the

projected façade lines of two buildings.

3 For laterally articulated buildings, setbacks and building separation

distances must be measured separately for each part. For parts of buildings

that exceed the permissible façade height for standard development, they must be

increased by the measure of the additional height.

Building

separation

distance

1. 1. 25-127

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700.1

Planning and Building Act (PBG)

4 Buildings whose total height does not exceed 1.5 m and which

cover a ground area of maximum 2 m² do not have to comply with

setbacks and building separation distances.

A. Political

Boundaries

B. Forest Setback

D. Distance from

Traffic

Facilities

I. General

II. From Roads

in Particular

1. In the Absence

of Building Lines

2. Forecourts

2. Distances from Territorial Boundaries, Forests, Waters, and Facilities Secured by Building Lines

Art. 261: Planning and Building Act (PBA) Open official source

Buildings may not straddle political boundaries.

Art. 262: Planning and Building Act (PBA) Open official source

55, 59 1 Buildings must not exceed the forest clearance line established in the zone plan; outside the building zone area, the distance from the forest law boundary is 30 m.

2 Exempt are underground structures and building parts, as well as facilities.

3 Open, unsupported balconies may protrude up to 2 m into the clearance area, regardless of their length.27

4 Otherwise, for structures and facilities within the clearance area, the provisions of forest police law apply.

Art. 264: Planning and Building Act (PBA) Open official source

1. The distance of buildings from transport facilities is primarily determined by the existing or anticipated necessary traffic building lines.

2.25

Art. 265: Planning and Building Act (PBA) Open official source

1. Where building lines for public and private roads and

squares, as well as for public paths, are absent and a determination

is not deemed necessary, above-ground buildings must maintain a distance of 6 m from

roads and squares and 3.5 m from paths,

unless the building and zoning regulations prescribe otherwise.

2.25

3. The Government Council shall issue regulations concerning the distance of walls, fences, and plants. In the cities of Zurich and Winterthur, this competence lies with the municipalities.

Art. 266: Planning and Building Act (PBA) Open official source

27 Forecourts of garages must, regardless of the building lines, be as long as the largest parking space, but at least 5.5 m.

62

Planning and Building Act (PBG)

700.1

Art. 267 : Planning and Building Law (PBL) Open official source

1. **Street Definition**

"Street" is understood to mean the entire street area, including sidewalks and protection strips.

**3. Method of Measurement**

2. If a street has not yet been developed in accordance with planning law, the prospective later street boundary is decisive.

Art. 268 : Planning and Building Control Act (PBA) Open official source

27. On building lines for utility lines and sidings, construction is only permitted if the regulations regarding property line and building setbacks from neighboring properties allow it.

3. Property line setbacks from neighboring properties

Art. 269 : Planning and Building Law (PBL) Open official source

55, 59 Where the building and zoning regulations do not otherwise provide, underground structures and sub-grade structures that have no openings towards neighboring properties are not subject to setback requirements.

Art. 270 : Planning and Building Act (PBA) Open official source

59 1 All other buildings may not exceed the line running parallel to the building boundary at a distance of 3.5 m, unless a boundary construction is prescribed or permitted.

2 The distance of 3.5 m applies irrespective of the location and depth of the affected properties laterally within 20 m from the traffic building line or the building setback line replacing it; from 12 m above the prevailing ground level, it increases further back and to the rear by the amount of the additional height, subject to the provisions for high-rise buildings, but not exceeding 16.5 m.55

3 By agreement between neighbours, a right to closer construction may be established, subject to unexceptionable residential hygiene and fire safety conditions.26

4. Building Setbacks

Art. 271: Planning and Building Act (PBA) Open official source

A. Principle

The distance between buildings that must observe boundary setbacks, irrespective of property boundaries, must correspond to the sum of the necessary boundary setbacks on both sides.

Art. 272 : Planning and Building Act (PBG) Open official source

Regarding the space secured by traffic building lines or the B. distance above building boundary lines that replace them, no building distance to traffic areas is measured, unless a new building is placed beyond the relevant line.

1. 1. 25-127

63

700.1

Planning and Building Act (PBA)

C. Facilitations

I. Minor Buildings and Additions

II. In relation to existing Buildings

Definitions

Accountability

Art. 273 : Planning and Building Law (PBL) Open official source

55, 59** Where the Building and Zoning Ordinance does not stipulate otherwise, minor structures and extensions may be erected at a distance of 3.5 m from other buildings.

Art. 274 : Planning and Building Act (PBA) Open official source

1 If a neighboring building is closer to the boundary than is permissible according to building regulations, then the required setback is the sum of the boundary setback required by the new building project and the cantonal minimum boundary setback.

2 This preferential treatment does not apply if the owner of the current building plot has declared to the building authority that they are aware that they will have to maintain a greater boundary setback due to the neighboring closer construction, or if a previously sufficient setback has become inadequate due to a subsequent boundary alteration.

IV. Storeys, Eaves Height, Facade Height and Overall Height55

1. Storeys and Eaves Height55

Art. 275: Planning and Building Act (PBA) Open official source

55, 59 1 **Full Storeys** are all storeys of buildings, excluding basement, attic, and penthouses. In the case of contiguous buildings and buildings staggered in height or situation, the number of full storeys is determined separately for each building section or for each building.

2 **Attic Storeys** are storeys with a knee wall height of up to 1.5 m.

3 **Basement Storeys** are storeys where the top edge of the finished floor of the storey above, measured along the facade line, protrudes on average by no more than 2.5 m above the facade line, but nowhere by more than 3 m.

4 **Penthouse Storeys** are additional storeys placed on flat roofs. The penthouse storey must be set back on the fictitious eaves sides by half its height compared to the storey below.

5 The **Knee Wall Height** is the difference in height between the top edge of the attic storey floor in its shell state and the intersection line of the facade line with the top edge of the roof construction.

Art. 276 : Planning and Building Control Act (PBG) Open official source

55, 59 1 Storeys include full storeys, mansard storeys, attic storeys, and basement storeys with living, sleeping, or working rooms.

**64**

**Planning and Building Act (PBA)**

**700.1**

**2 In all building zones, full storeys may be replaced by mansard storeys, attic storeys, or basement storeys; however, their combined total may not exceed the permitted number of full storeys.**

Art. 278: Planning and Building Control Act (PBG) Open official source

55, 59 1 The façade height is the greatest difference in height A. Definition and

between the intersection line of the façade plane with the upper edge of the Measurement Method

roof construction and the associated façade line.

2 For flat-roof buildings, the façade height is measured up to the upper edge

of the parapet or railing, unless the parapet

or railing is set back by at least 1 m from the façade

plane.

Art. 279 : Planning and Building Law (PBL) Open official source

55, 59 1 The maximum permissible façade height is 25 m, subject to the B. Dimensions and

**provisions regarding high-rise buildings.**

**Calculation**

**2 Furthermore, the municipalities determine the permissible façade height. I. Principle**

**They may stipulate that the permissible façade height is also determined by**

**traffic building lines. The smaller dimension is decisive.**

Art. 280 : Planning and Building Act (PBA) Open official source

55, 59 1 On gable sides, the permissible dimension increases by the height resulting from the roof pitch of 45°, but by a maximum of 7 m, provided the building and zoning regulations do not stipulate otherwise.

2 For attic floors, the façade height on the façade-aligned sides increases by 3.3 m, provided the building and zoning regulations do not stipulate otherwise.

3 The façade height based on the traffic building lines results from their distance increased by one-ninth and can be increased by the measure of any building setback. It applies up to a depth of 15 m. In areas with differing building line distances, the greater distance is decisive up to a depth of 15 m.

4 If the construction thickness of the thermal insulation is greater than 20 cm, the permissible façade height may be exceeded to the corresponding extent, but by a maximum of 25 cm.

3. Overall Height54

Art. 281 : Planning and Building Law (PBL) Open official source

55, 59 Total height is the greatest difference in elevation between

the highest point of the roof structure and the points vertically

below it on the relevant ground level.

1. 1. 25-127

65

700.1

4. High-rise Buildings

Planning and Building Act (PBG)

Definition and

Admissibility

Requirements

Art. 282 : Planning and Building Act (PBA) Open official source

55, 59 High-rise buildings are buildings with a façade height of more than 25 m. They are only permitted where the building and zoning regulations allow them.

Art. 284: Planning and Building Act (PBA) Open official source

1 High-rise buildings must, compared to an ordinary development, offer an urban planning advantage or be necessitated by the building's type and purpose.

2 High-rise buildings must be designed with particular architectural care.

3 The exploitation (of the land) may not be greater than for an ordinary development; an exception is excluded. Provisions regarding development plans, special building regulations, and design plans remain reserved.

4 The neighborhood must not be significantly adversely affected, especially not by shadowing in residential zones or on inhabited buildings.

Art. 285: Planning and Building Act (PBA) Open official source

52

A. Basic Order

B. Boundary Construction

I. Prerequisites27

V. Open and Closed Construction

Art. 286: Planning and Building Act (PBA) Open official source

27 1 Where nothing else is determined, buildings are to be constructed in open development.

2 Closed development, including the permitted building depth and total length, may be prescribed or permitted by the building and zoning regulations, by special building regulations and design plans, by the neighborhood plan, or by the building line plan.

Art. 287 : Planning and Building Law (PBL) Open official source

The permitted boundary construction requires that

a. no violation of cantonal or communal minimum distances occurs;

b.68 that the building depth permissible under the building and zoning regulations is not exceeded, unless the affected neighbor agrees in writing or electronically; unless otherwise specified, the building depth not requiring consent is 20 m in center and industrial zones, and 14 m in other zones, measured in lateral relation from the traffic building line or the building boundary line replacing it, and in the rear with due regard to lit. c;

66

Planning and Building Act (PBA)

700.1

c. that, in the case of rear boundary construction, the construction of a main building is possible for the neighbor, considering the location, nature, and zone affiliation of their property.

Art. 289 : Planning and Building Law (PBL) Open official source

1. Openings in boundary facades require a building law permit from the building authority and the consent of the neighbor.

2. In the absence of a differing private law regulation, the neighbor can, for their part, block such openings, unless previous law has established a claim for their continued existence.

Art. 290 : Planning and Building Act (PBA) Open official source

1. If buildings are constructed adjacent to one another or if a building C. Firewalls

is placed on the property line, a firewall must be erected.

2. Where effective fire protection requires it, intermediate firewalls 1. Construction Obligation

must be constructed.

3. Openings in firewalls or their omission on individual stories are

permissible if the type of use or other circumstances justify it and

sufficient fire protection remains guaranteed.

Art. 291 : Planning and Building Law (PBL) Open official source

1. If no private law contract is concluded between neighbors 2. Neighborly

regarding the construction of a common firewall, each party must build a sufficient firewall on their own property.

Contracts

2 In the absence of a conflicting private law regulation, each party may dispose of a common firewall according to the recognized rules of building science, in particular underpin, raise, deepen, or extend it, provided that the purpose of the wall, to separate and secure buildings, is not impaired. The provisions concerning the use of neighboring properties apply to the procedure.

VI. Further Provisions on the Appearance of Buildings

Art. 292: Planning and Building Act (PBA) Open official source

55, 59 Where no lesser or greater dimension is specified, roof structures

Roof structures, with the exception of chimneys, solar energy systems, and smaller technically required structures, may not collectively be wider than half the length of the respective facade, provided they

a. on pitched roofs, protrude beyond the actual roof plane,

b. on flat roofs, fall below the prescribed dimension for setbacks.

1. 1. 25-127

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700.1

Planning and Building Act (PBG)

Basements

Art. 293: Planning and Building Act (PBA) Open official source

1. Non-creditable basements may project a maximum of 1.5 m above the finished ground level.23

2. Exempt from this restriction are house and cellar entrances, garden exits, and entrances and exits to single, double, or collective garages.

3. 25

4. The Building and Zoning Regulations may further regulate the exposure of basements.26

Art. 294 : Planning and Building Act (PBG) Open official source

25

D. Requirements for Buildings and Rooms

I. General

Heating systems

Art. 295 : Planning and Building Law (PBL) Open official source

27 1 If heating systems are operated with fuels that cause air pollution, the buildings must be equipped with heating plants appropriate to the location, which can also utilize waste heat and energy from renewable sources.

2 If a public district heating supply utilizes local waste heat or renewable energies and offers heat under technically and economically equivalent conditions as from conventional plants, the state or municipality may oblige property owners to connect their building to the network within a reasonable period and to grant rights of way.

Conveyance Systems

Ancillary Rooms

Special Requirements

Art. 296: Planning and Building Act (PBA) Open official source

Lifts, Escalators, and Other Conveyance Systems for Persons and Goods

Lifts, escalators, and other conveyance systems for persons and goods must be fit for purpose; they are to be professionally designed, constructed, operated, maintained, and, where safety requires it, adapted to technical developments.

Art. 297 : Planning and Building Act (PBG) Open official source

27 In residential buildings, sufficient ancillary rooms, such as drying rooms and storage facilities for provisions, household effects, and the like, must be provided.

Art. 298 : Planning and Building Act (PBA) Open official source

For buildings with more than six deductible storeys,

the Government Council may issue stricter provisions regarding the safety of residents

and equipment.

68

Planning and Building Act (PBA)

II. Rooms intended for human habitation

700.1

Art. 299 : Planning and Building Act (PBA) Open official source

1 Scope of Application

The following provisions apply, where they do not stipulate otherwise, to living rooms and bedrooms, kitchens, as well as rooms where, according to their intended purpose, persons have or may have a more or less permanent workplace.

2 They also apply to rooms which, by their construction and equipment, can be made serviceable for human habitation.

Art. 300 : Planning and Building Act (PBA) Open official source

1 The rooms must be professionally protected against internal and external noise, vibrations, moisture, harmful temperature influences, and the risk of fire.

2 The rooms and room groups must be appropriately equipped, including sanitary facilities.

Art. 301: Planning and Building Act (PBA) Open official source

27 1 Living rooms of multi-room apartments may not predominantly be directed towards the Northeast/Northwest sector with the legally required windows as a whole.

2 Deviations are permissible in core and central zones or in hotels as well as in special circumstances, particularly for protection against excessive impacts from public buildings and facilities.

**Art. 302 : Planning and Building Act (PBA)** Open official source

1. **Lighting and Ventilation**

Rooms must be sufficiently lit and capable of being ventilated.

2. Living rooms and bedrooms shall be provided with windows that are above ground level, lead to the outside, and can be opened to a sufficient extent; the window area must be at least one-tenth of the floor area.

3. Deviations are permissible under special circumstances, particularly for protection against excessive impacts from public buildings and facilities, as well as in the case of restrictive protection regulations for roof designs of protected individual properties or in core zones.

4. For other rooms, artificial lighting and ventilation are sufficient if special local conditions or the intended use of the rooms justify it, and if appropriate technical equipment creates proper conditions.

Art. 303: Planning and Building Act (PBA) Open official source

1. The minimum area of rooms, except for those in Minimum Area

single-family houses and comparable types of dwellings, is 10 m².27

2. For kitchens, the Government Council may enact special

provisions.

1. 1. 25-127

69

700.1

Clear Height

Planning and Building Act (PBG)

Internal

Access Routes

Kitchens

Brandstattrecht

Art. 304 : Planning and Building Act (PBA) Open official source

55.59 1 The clear height is the difference in height between the top edge of the finished floor and the bottom edge of the finished ceiling or beam structure, if the usability of a story is determined by the beam structure.

2 The clear height of rooms must be at least 2.4 m; in core zones, a clear height of at least 2.3 m applies.

3 In attic rooms, the clear height according to para. 2 must be present over at least half of the floor area.

Art. 305: Planning and Building Act (PBA) Open official source

1. Entrance doors require a clear opening width of 1 m, staircases and

corridors leading to permanently occupied rooms require a clear opening width of

1.2 m; in single-family houses and comparable types of dwellings

as well as internal staircases within dwellings, 0.9 m is sufficient.27

2. Every building must have escape routes (corridors, stairwells,

exits) which, in the event of fire, lead easily and safely to the outside

via the shortest route. The number and arrangement of escape

routes depend in particular on the intended use, size,

number of stories, and construction of the building, as well as on the location

of rooms intended for human occupancy.

Art. 306 : Planning and Building Law (PBL) Open official source

Kitchens may be connected with living rooms without a partition, provided they meet the requirements of effective fire protection and are equipped with faultless ventilation systems.

E. Reconstruction of Destroyed Buildings

Art. 307: Planning and Building Act (PBA) Open official source

27 1 The reconstruction of buildings that have been wholly or partially destroyed by fire or other catastrophes is permitted if no overriding public or neighboring interests conflict therewith, and the building application is submitted within three years of the destruction. The replacement building must correspond to the destroyed building in terms of type, scope, and location, unless an improvement of the previous condition is achieved by a modification.

2 The owner may, within three years after the destruction of their building, take legal action against building projects of third parties as if their building were still standing, unless its reconstruction has been legally refused.

Art. 308 : Planning and Building Act (PBA) Open official source

25

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Planning and Building Act (PBA)

2nd Section: Building Permit Procedure

A. The Building Application

Art. 309 : Planning and Building Act (PBA) Open official source

66 1 A building permit is required for

a. the construction of new buildings or the structural alteration of existing

buildings and equivalent structures,

b. changes in use of premises and areas that are of

building law significance,

c.27 the demolition of buildings in core zones,

d.27 installations, fixtures and equipment,

e. the subdivision of plots after a building permit has been

granted or after completion of construction, except

in cases of compulsory acquisition,

f. significant changes to terrain, even if they serve the extraction

or deposition of materials,

g. changes in the management or design of plots

in the green belt zone, with the exception of field cultivation

and horticulture,

h. walls and fences,

i. vehicle parking spaces, workshops and storage areas,

k. cable cars and other transport facilities, unless they are subject to

federal law,

l. outdoor antennas,

m. advertising installations,

n.70 the felling of trees for which there is a preservation obligation,

o.69 significant changes to landscaping, if they

impair greening.

**2 The following orders include the building permit

and the necessary adjustments to private property associated with the project:**

a. the determination and approval of projects for transport

facilities and water bodies,

b. the approval of land improvement projects,

c. the granting of water rights concessions,

d. the granting of permits and concessions under the Law

on the Use of the Subsurface of May 25, 20208.

700.1

Permit

requirement

1. 1. 25-127

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Planning and Building Act (PBA)

Content of

building application

Staking out

Place of

application

submission

Preliminary review

Public

notification

**3 The competent directorate may refer projects requiring a land improvement

approval, a water rights concession or a

permit or concession under the Law on the Use of the

Subsurface, to the local building authority for a building law

decision.**

**4 Measures of minor significance are to be exempted from

the permit requirement by ordinance.**

Art. 310 : Planning and Building Law (PBL) Open official source

1 Building applications must contain all documents necessary for the assessment of the project; if an exception is claimed, the justification must be appended.

2 Where the nature of the project or the location of the building plot so justifies, further documents, such as photomontages, models, static calculations, or more precise stake-outs, may be required.

3 Any person who is not the landowner must prove their entitlement to submit the building application.

Art. 311 : Planning and Building Act (PBA) Open official source

1 Before public announcement, projects that can be

represented graphically must be staked out, with the exception of boundary changes.

2 The staking must remain in place for at least the entire public display

period; if they are removed before the building application is legally settled,

reinstatement may be ordered in contentious cases.

Art. 312: Planning and Building Act (PBA) Open official source

31 Building applications and applications for the granting of further permits necessary for the execution of the building project must be submitted to the local building authority, irrespective of the substantive jurisdiction.

Art. 313 : Planning and Building Act (PBA) Open official source

1 The local building authority shall first examine whether the documents

and the survey markings comply with the regulations and are sufficient for the

decision; otherwise, it shall order their amendment or supplementation within three weeks of the submission

of the application.

2 If the applicant refuses to adapt the documents,

the local building authority may refuse to process the building application.

3 Other authorities responsible for building law permits shall proceed mutatis mutandis.

4 The amendment or supplementation of the application documents and survey markings

may exceptionally also be requested at a later stage.

Art. 314: Planning and Building Act (PBA) Open official source

1 The local building authority makes the project publicly known

after the preliminary review.

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Planning and Building Act (PBG)

700.1

2 Upon request of the applicant, the announcement shall be made

immediately; necessary stake-outs must, however, have been completed beforehand.

3 The announcement must contain the necessary information about the location and type

of the project as well as about the applicant.

4 Simultaneously with the announcement, the application documents

shall be publicly displayed for 20 days.

B. Preservation of Claims27

Art. 315: Planning and Building Act (PBA) Open official source

1. Anyone wishing to assert claims under this Law must electronically request the delivery of the building law decision from the local building authority via the platform within 20 days of the public announcement.

2. After the deadline has expired, the local building authority shall notify the building owner and other instances responsible for granting a building permit of such requests, including the objections raised therein.

3. An objection procedure will not be carried out.

Art. 316: Planning and Building Act (PBA) Open official source

II. Forfeiture

1 Whoever fails to request a building law decision in due time has forfeited the right of appeal.

2 If, however, the request has been submitted in due time, all building law decisions concerning the project must be served on the applicant as long as no new staking out and announcement have taken place.

Art. 317: Planning and Building Act (PBA) Open official source

The safeguarding of other claims is determined in terms of content, e.g., by private law, and for the procedure, by civil procedure law13.

C. The building law decision

Art. 318: Planning and Building Act (PBA) Open official source

The local building authority decides on building applications, jurisdiction

unless otherwise provided by ordinance.

Art. 319: Planning and Building Act (PBA) Open official source

31. 1 Procedural Course

The cantonal and communal authorities shall make their decisions within two months of the preliminary review; for the initial assessment of new building projects and major renovation projects, a period of four months from the preliminary review is available.

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Permit

Ancillary

provisions

Validity of the

permit

2 The ordinance regulates the coordination for construction projects that require multiple permits from different instances, as well as the details of the procedure. Longer deadlines may be set for the processing of projects that require an environmental impact assessment or the involvement of federal authorities.

3 If the processing deadlines cannot be met, applicants shall be informed of the reasons and when the decision will be available.

Art. 320 : Planning and Building Law (PBL) Open official source

The permit shall be granted if the building project complies with the provisions of this Act and the implementing decrees; exceptions shall be justified.

Art. 321: Planning and Building Act (PBA) Open official source

1 If substantive or formal defects of the construction project can be remedied without particular difficulties, or if orders are necessary to create or maintain the lawful condition, then the required ancillary provisions (conditions, stipulations, time limits) must be linked to the permit.

2 Ancillary provisions with a longer-term effect must be noted in the land register before construction begins; where a need exists, the note may also be ordered for restrictions on ownership whose scope and implications arise directly from the building regulations.

3 Security may be required for the proper fulfillment of ancillary provisions directly related to the construction work; it is generally to be provided before construction begins.

Art. 322: Planning and Building Law (PBL) Open official source

1 Building permits expire after three years if the execution has not commenced previously; for new buildings, the excavation or, where it is a prerequisite, the demolition of an existing structure counts as the start of construction.27

2 If several building permits are required for the same project, the last permit is decisive for the expiration of the others and for the start of construction.

3 The period begins with the expiry of the last appeal period, or, in disputed cases, with the legal force of the public or private law decision. If the same permit covers several buildings, the period is met with the start of construction on one building.27

4 Ancillary provisions to the permit do not affect the running of the deadlines; the same applies if concessions or permits other than building permits are required.

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Planning and Building Act (PBG)

D. Preliminary Decisions

700.1

Art. 323: Planning and Building Act (PBA) Open official source

51 1 Preliminary Rulings on Questions of Fundamental Importance for the Later Approbability of a Building Project

Regarding questions of fundamental importance for the later approbability of a building project, preliminary rulings may be obtained, provided that a separate assessment of these questions is factually possible and does not violate the coordination principle.

2 Preliminary rulings are issued in the same procedure as building law permits. All documents necessary for the assessment of the submitted questions must be enclosed with the application.

Art. 324: Planning and Building Law (PBL) Open official source

51 Preliminary rulings are legally binding with regard to the questions addressed,

in the same way as building permits, provided that

the circumstances have not significantly changed by the time the building application is submitted.

E. Simplified procedure

Art. 325: Planning and Building Act (PBA) Open official source

27 1 For projects of minor importance or for a prerequisite;

the amendment of already approved projects may, by ordinance, simplify the permitting procedure

or replace it with a notification procedure if, according to the circumstances, no interests of neighbors

or of nature and homeland protection can be affected.

2 The Municipal Executive57 may delegate the authority for permits in the simplified

or notification procedure to the Building Authority or to a competent official and may also introduce an

audience procedure for the notification procedure.

Art. 325a: Planning and Building Act (PBA) Open official source

46 Energy-related renovations of the building envelope are assessed in the notification procedure.

Energy-related renovations

F. The construction works

Art. 326: Planning and Building Act (PBA) Open official source

68 Commencement of Construction

Construction of a project may only commence if

a. all necessary building permits have been legally granted and all

ancillary conditions imposed for the commencement of

construction have been fulfilled, or

b. the competent authority has electronically authorized the early

commencement of construction via the platform.

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Reporting Obligation

and

Building Control

Interruption of

Construction Works

Principle

Form

Planning and Building Act (PBG)

Art. 327: Planning and Building Act (PBA) Open official source

1 Commencement of construction, completion of construction, and key

intermediate stages must be reported to the local building authority in a timely manner

to allow for inspection; this applies mutatis mutandis to the demolition

of a structure without subsequent new construction.

2 The local building authority shall periodically inspect whether the

construction work complies with the regulations and plans; if necessary,

it shall promptly take the required measures.

3 The local building authority is responsible for communication with and

involvement of other participating bodies.

Art. 328: Planning and Building Act (PBA) Open official source

1 If construction work is interrupted for an extended period—for

area development projects, longer than two years—its

completion can be ordered within a reasonable timeframe.27

2 Depending on the progress of the work and other circumstances,

the order must be accompanied by the threat that, in case of default

a. completion will be carried out by substitute performance;

b. the construction work will be advanced by the municipality to the extent

required for the safety of persons and property or for nature

and heritage protection;

c. the already constructed building parts will be leveled and the site

restored to an orderly condition;

d.26 for area development projects, the permit will lapse after two years.

3 The costs of such measures shall be borne by the landowner.

G. Electronic Procedure Management67

Art. 328a : Planning and Building Act (PBA) Open official source

67 1 The building permit procedure is conducted electronically via the platform.

**2 Files that are not suitable for electronic management are maintained physically.**

Art. 328b : Planning and Building Act (PBA) Open official source

67 1 Submissions requiring a signature must be provided with a qualified electronic signature in accordance with the Federal Act of 18 March 2016 on Certification Services in the Area of Electronic Signatures and Other Applications of Digital Certificates (Federal Act on Electronic Signatures)17.

2 The Government Council may provide for other procedures that ensure the unambiguous identification of the submitting person.

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700.1

3 Orders must be provided with an electronic signature in accordance with the Federal Act on Electronic Signatures, be reasoned, and include a notice of appeal. The remaining requirements are governed by the Administrative Justice Act of 24 May 1959 (VRG)5.

4 The Government Council shall issue the ordinance necessary for electronic proceedings, particularly concerning

a. the details for secure and legally valid electronic proceedings, including the permissible platform through which submissions can be made and orders communicated,

b. the permissible formats for submissions and their annexes,

c. the electronic signatures and formats to be used for orders.

Art. 328c: Planning and Building Act (PBA) Open official source

67 Inspection of Files

1 Inspection of files takes place electronically via the platform.

2 Files not kept electronically in accordance with § 328a para. 2 can be inspected at the competent authority. The authority may, in particular, deliver these files to other authorities, courts, and lawyers for inspection.

3 The Government Council regulates the details.

Art. 328d : Planning and Building Act (PBA) Open official source

67 1 Electronic arrangements shall be made available to the authorized recipients of communications in accordance with § 10 para. 3 VRPG, and to the respondents in accordance with

Art. 328e: Planning and Building Act (PBA) Open official source

67 Electronic submissions must be uploaded to the platform for the attention of the authority no later than the last day of the deadline.

a. Observance of deadlines

Art. 328f : Planning and Building Act (PBA) Open official source

67 1 If the platform for electronic submission is inaccessible on the last day of the deadline, the deadline shall be extended to the first working day after the platform for electronic submission becomes accessible again.

b. Inaccessibility of the Platform

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Supplementary Law

2 The affected person must credibly demonstrate that the platform for electronic submission was inaccessible.

Art. 328g : Planning and Building Act (PBA) Open official source

67 1 Deviating provisions regarding electronic procedural management remain reserved.

2 For the rest, the procedure is governed by the Administrative Justice Act.

A. Appellate

Authority

B. Building Appeals

Court

I. Seat and

Organization

II. Composition

and Election

III. Incompatibility;

Disclosure of

Interests

V. Title: Legal Protection

Art. 329 : Planning and Building Law (PBL) Open official source

51 1 Orders issued in application of the Federal Act of 22 June 1979 on

Spatial Planning16, the Federal Act of 7 October 1983 on Environmental

Protection17, or this Act may be challenged before the Building Appeals Court

(BRG).

2 Acts of the Government Council are excluded.

§§ 330-332.52

Art. 333: Planning and Building Act (PBA) Open official source

44 1 The Cantonal Council determines the seat of the Building Appeals Court.

2 The Building Appeals Court, within the framework of its constitution, regulates the distribution of business among its individual divisions.

3 Agricultural disputes in accordance with §§ 68 et seq. of the Agriculture Act of 2 September 1979º shall always be assigned to the same division. For this purpose, the division shall be staffed with the agricultural and forestry experts elected according to § 334 para. 1.

Art. 334: Planning and Building Act (PBA) Open official source

44 1** The Cantonal Council determines, after consultation with the Administrative Court, the number of members and their level of employment, as well as the number of substitute members, including specialists in agriculture and forestry.

**2** It elects the divisional presidents, the other members, and the substitute members. The Building Appeals Court has the right to propose one third of the substitute members.

**3** Eligible for election as a member or substitute member is any person entitled to vote in the Canton of Zurich.

Art. 334a : Planning and Building Act (PBA) Open official source

43. 1 The office of a member of the Building Appeals Court is incompatible with the professional representation of third parties before the Building Appeals Court and the Administrative Court.

2 For the disclosure of conflicts of interest, § 7 of the Law on Court and Authority Organization in Civil and Criminal Procedure of May 10, 2010 applies mutatis mutandis.

3 Recusal is governed by the Administrative Justice Act of May 24, 1959.

Art. 335: Planning and Building Act (PBA) Open official source

44 1 The Building Appeals Court makes its decisions with a three-judge panel. IV. Composition

2 The single judge decides

a. on appeals that are manifestly inadmissible, withdrawn, or have otherwise become moot,

b. in cases where the amount in dispute does not exceed CHF 20,000.

3 In cases of fundamental importance, the matter may be submitted to a three-judge panel for decision.

Art. 336 : Planning and Building Act (PBA) Open official source

44 1 The Building Appeals Court is independent in its judicial activity.

2 Administratively, it is subordinate to the Administrative Court.

Independence and Oversight

Art. 337: Planning and Building Act (PBA) Open official source

44 1 The Administrative Court determines, after consultation with the VI. Legal Building Appeals Court, the number of positions for legal and administrative staff.

**2 The Building Appeals Court appoints the staff. The election of the Head of the Chancellery requires the approval of the Administrative Court.**

**and administrative staff**

Art. 337a: Planning and Building Control Act (PBG) Open official source

43 1 The Administrative Court, after hearing the Building Appeals

Court, shall regulate by ordinance

a. its organization and conduct of business,

b. fees, costs, and compensation.

2 The Building Appeals Court shall issue rules of procedure. These

require approval by the Administrative Court.

Ordinances and

Rules of Procedure

Art. 338: Planning and Building Act (PBA) Open official source

VIII. Fees

**44** **1** The Building Appeals Court determines the court fee based on its time expenditure, the complexity of the case, and the amount in dispute or the actual value in dispute.

**2** The court fee typically ranges from CHF 500 to CHF 50,000.

Art. 338a: Planning and Building Act (PBA) Open official source

51 The right to appeal (Rekurs) and to lodge a complaint (Beschwerde) belongs to anyone who is affected by the challenged order and has a legitimate interest worthy of protection in its annulment or amendment. The same applies to the challenging of enactments.22

C. Right of Appeal (Rekurs) and Complaint (Beschwerde)

I. General

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II. Cantonal

Association

Complaint

III. Authority

Complaint

D. Suspensive Effect

and Interim

Measures51

Art. 338b: Planning and Building Act (PBA) Open official source

50 1. Associations active throughout the canton, which have been dedicated for at least ten years according to their statutes to nature and homeland protection or related, purely idealistic goals, may lodge an appeal or a complaint against

a. Orders and enactments, insofar as they refer to Title III or

Art. 338c: Planning and Building Act (PBA) Open official source

50 Against decisions on appeals which fully or partially reverse an order of a cantonal instance, the competent Directorate may lodge a complaint to safeguard public interests.

Art. 339: Planning and Building Act (PBA) Open official source

27 1 Legal remedies against a building permit only impede the commencement of construction and construction progress to the extent that the outcome of the proceedings can influence the execution of the building project.

2 The President of the Appeals or Complaint Authority decides on the scope of the suspensive effect and on the issuance of precautionary measures, either upon application by a party or ex officio.51

80

Planning and Building Act (PBG)

700.1

Art. 339a: Planning and Building Act (PBA) Open official source

41 1 The cantonal authorities shall decide on an appeal within six E. Treatment

months of its receipt.

2 If an environmental impact assessment, an expert opinion, or the

involvement of federal agencies is required for the building project,

they shall decide within seven months.

deadlines

Art. 339b : Planning and Building Act (PBA) Open official source

50. Claims for damages due to the abusive and bad-faith filing of an appeal must be asserted in accordance with the respective procedural law.

VI. Title: Penalties and Coercive Measures

Art. 340: Planning and Building Act (PBA) Open official source

1 Whoever intentionally violates this Act or implementing ordinances shall, subject to the provisions of ordinary criminal law, be punished with a fine of up to CHF 50,000; in cases of gainful intent, with an unlimited fine.

2 If the perpetrator acts negligently, the penalty is a fine of up to CHF 5,000.

3 In particularly minor cases, punishment may be waived.

4 Attempt, incitement, and complicity are punishable.

5 Legal entities, general and limited partnerships, and sole proprietorships are jointly and severally liable for fines and costs imposed on their organs or auxiliary persons. In proceedings, they have the same rights as the accused.

Art. 340a : Planning and Building Act (PBA) Open official source

50 Prosecution and Punishment for Violations under § 340 – Statute of Limitations

Prosecution and punishment for violations under § 340 shall be time-barred after five years.

Art. 341: Planning and Building Act (PBA) Open official source

The competent authority shall, without regard to criminal proceedings and punishment, bring about the lawful state; administrative enforcement and debt collection serve this purpose.

Production of the lawful state

VII. Title: Introductory and Final Provisions

1. Section: Introductory Provisions

Art. 342: Planning and Building Act (PBA) Open official source

1 After this Act comes into force, A. Guiding

the cantonal overall plan must be adopted within two years, the regional plans

overall plans within four years, and the communal overall plans within five

years.

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2 If these deadlines are not met and their extension is rejected, the outstanding

plans must be secured by planning zones.

B. Land Use

Plans and

Inventories for

Nature and

Heritage Protection

I. Deadline

II. Provisional

Regulations

III. Extension

of Deadline

C. Planning

Zones

Art. 343 : Planning and Building Act (PBA) Open official source

1 After the adoption of the overall master plans, the corresponding land use plans and building regulations must be enacted or adapted within three years, with the exception of building and alignment plans and detailed development plans.

**2 To the extent and insofar as they are independent of superior plans, the deadline runs from the entry into force of the corresponding provisions of this Act.**

**3 The same applies to the preparation of inventories for nature and homeland protection.**

Art. 344 : Planning and Building Law (PBL) Open official source

The competent Directorate33 shall make the necessary provisional arrangements if the communal land use plans and building regulations required for the implementation of this Act are not adopted in a timely manner.

Art. 345 : Planning and Building Act (PBA) Open official source

The Government Council may, exceptionally, upon substantiated request, in individual cases, extend the deadlines for the master and land-use plans, the district plan, and the building regulations, locally and materially, in full or in part.

Art. 346: Planning and Building Act (PBA) Open official source

1 Until the enactment or during the revision of master plans or zoning plans, planning zones may be designated for precisely defined areas. Within these zones, no structural alterations or other measures may be undertaken that would contradict the ongoing planning.

2 The State is responsible for the designation of planning zones. It must accede to justified designation requests from subordinate planning authorities.

3 Planning zones may be designated for a maximum of three years; if necessary, the period can be extended by two years.27

4 After the expiry of the period, the lack of planning law readiness for construction may only be invoked if the timely enacted planning measure cannot yet be put into force due to legal remedies.26

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Planning and Building Act (PBA)

2nd Section: Repeal and Amendment of Existing Law

700.1

Art. 347: Planning and Building Law (PBL) Open official source

A. Repeals and Amendments

**I. Principle**

With the entry into force of this Act, all provisions inconsistent with it are repealed.

Art. 348 : Planning and Building Control Act (PBG) Open official source

II. Individual Laws

1. Repeal

The Building Act for Localities with Urban Conditions of April 23, 1893 is repealed.

Art. 349: Planning and Building Act (PBA) Open official source

The following Acts are amended as follows: ...18 2. Amendments

Art. 351: Planning and Building Act (PBA) Open official source

1 The land-use plans and building regulations of the I. General

municipalities remain in force at the latest until the expiry of the deadline for the introduction of Municipal Law

the new law.

2 However, the Government Council may declare self-contained and directly

applicable provisions of this Act generally or in individual cases immediately binding.

Protection of Homeland Heritage

Art. 352: Planning and Building Act (PBA) Open official source

II. Measures of Nature and Heritage Protection

Measures of nature and heritage protection remain in force even if they were issued in a procedure contradicting this Act or with a different competence; according to the interests of nature and heritage protection, gaps are to be filled and substantive deviations are to be adapted to the new provisions.

Section 3: Transitional Provisions

Art. 353: Planning and Building Act (PBA) Open official source

A. Principle

With the entry into force of this Law, all projects requiring approval, concerning which the local building authority has not yet made a decision, are to be assessed according to the new provisions.

I. Projects

Requiring Approval

Art. 354: Planning and Building Law (PBL) Open official source

Nach den bisherigen Vorschriften nicht bewilligungsbedürf- II. Projects not

tige Vorhaben unterliegen hinsichtlich Inhalt und Verfahren den neuen requiring a permit

bewilligungs- under previous

Vorschriften, soweit dies nicht aufgrund des fortgeschrittenen Bausta- regulations

diums unzumutbar ist.

Vorhaben under previous regulations are subject to the new permit regulations regarding content and procedure, unless this is unreasonable due to the advanced stage of construction.

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700.1

B. Neighborhood

Plans

C. Appeals

Procedure

D. Alterations

to non-compliant

buildings and facilities

I. At the owner's

instigation

II. Ex officio

E. Buildings

and Facilities

outside building zones

Planning and Building Act (PBA)

Art. 355 : Planning and Building Law (PBL) Open official source

1 Initiated neighborhood plan procedures can be subjected by the the municipal council57 to the new law, regarding content and procedure, upon a reasoned request from a landowner or ex officio, provided that this does not lead to disproportionate delays; such a decision must be communicated in writing to the parties involved.

2 Initiated private neighborhood plan procedures must be reported to the municipal council57, stating the current status of the procedure.

Art. 356 : Planning and Building Act (PBA) Open official source

1. Proceedings already pending before an appellate instance that subsequently becomes incompetent upon the entry into force of this Act shall be concluded by that instance.

2. The new rules on jurisdiction shall apply to further appeals against such decisions.

Art. 357 : Planning and Building Law (PBL) Open official source

1. Existing buildings and installations that contravene building regulations may be altered, extended, and converted to other uses, provided they are not suitable for a use compliant with the zone, and if no overriding public or neighboring interests are opposed. For new or further deviations from regulations, the necessary exceptional permits remain reserved.27

2.25

3...36

4. The building permit may require improvements to be made compared to the existing state, which are in the public interest and reasonable under the circumstances.

5. Building regulations that do not permit an appropriate adaptation of existing buildings and installations to regulations in the overriding public interest may be mitigated accordingly by ordinance. Neighbors must not be unreasonably disadvantaged. As long as no ordinance exists regarding this, adaptations are permissible in individual cases.19

Art. 358 : Planning and Building Act (PBA) Open official source

Improvements may be ordered independently of requests for changes by the landowner, if significant police-related nuisances are thereby eliminated.

Art. 358a: Planning and Building Act (PBA) Open official source

35 1 Outside the building zones, constructions and installations may be

erected, altered, extended, or rebuilt in accordance with federal law.

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700.1

2 Under the conditions pursuant to Art. 24d RPG16, the following are permissible

a. non-agricultural residential uses in agricultural residential buildings,

b. complete changes of purpose for constructions and installations recognized as worthy of protection.

Section 4: Implementing Provisions

Art. 359: Planning and Building Act (PBA) Open official source

61 1 The Government Council issues the necessary ordinances, in particular regarding

a. the uniform presentation of master plans and land-use plans,

b. state contributions to subordinate planning,

c. the details of neighborhood plan design and the neighborhood plan procedure,

d. the more precise description of the terms and contents of building law instruments, as well as measurement and calculation methods,

e. the tightening or relaxation of building regulations for special buildings and installations,

f. the execution of construction works,

g. the use of public state land for private purposes,

h. the technical and other requirements for buildings, installations, fittings, and equipment, as well as the necessary number of vehicle parking spaces,

i. the requirements for traffic safety and the safety of road bodies,

k. the distance of walls, fences, and plantings from roads,

l. the building permit procedure,

m. communal recreational areas,

n. nature and heritage protection,

o. affordable housing,

p.62 the rail transport of excavation material and aggregates.

2 The provisions concerning the matters mentioned in lit. d, e, k, m, n, and o require approval by the Cantonal Council.

Art. 360 : Planning and Building Act (PBA) Open official source

1 The Cantonal Council issues guidelines and standards in the Guidelines and

cases provided for by this Act. Standards

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Planning and Building Act (PBA)

2 It may also issue standards for other planning and building law areas

of a technical nature.

3 Deviation from guidelines and standards should only occur for important

reasons.

Section 5: Entry into force

Entry into force

Art. 361: Planning and Building Act (PBA) Open official source

This Act shall, if approved by the voters, enter into force² upon

the official publication of the Cantonal Council's resolution on

its adoption, at a time to be determined by the Government Council.

The Government Council is hereby authorized to implement the

provisions of this Act incrementally, both spatially and substantively.

Transitional Provisions

Act of 1 September 1991 (OS 51, 817)

Art. III26

1 This Act is subject to a popular vote. The Government Council shall

determine the date of its entry into force. It is authorized to implement

the Act incrementally.

2 Within three years of the entry into force of the amendment, the

cantonal structural plan and the regional structural plans shall be reviewed

and, where necessary, adapted with regard to the amended provisions

(§§ 18–30).

3 Until the next revision of the Building and Zone Ordinance, and

for a maximum duration of five years from its entry into force, the

previous provisions concerning the calculation of the floor area ratio

(§ 255), distances from roads (§ 265), special buildings (§§ 273 and 288),

and permitted continuous construction (§ 286) shall remain applicable,

subject to para. 4 below. In justified exceptional cases, the Government

Council may extend this period appropriately.

4 § 255 shall be immediately applicable to the expansion of existing

attic and basement floors in buildings constructed before the popular

vote on this amendment, and generally with regard to the non-inclusion

of external wall cross-sections.

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Planning and Building Act (PBA)

Act of 8 June 1997 (OS 54, 268)

Art. XV para. 330

700.1

The competence for judging appeal proceedings pending at the time

of entry into force shall be determined by previous law. Otherwise, the

new law shall apply to pending proceedings.

Act on the Subordination of the Tax Appeals Commissions and

the Building Appeals Commissions to the Administrative Court

of 13 September 2010 (OS 65, 960)

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