Act on Spatial Planning and Building Law (Baugesetz) - Purpose

1. The law serves the implementation of the RPG and forms the basis for spatial planning and construction legal measures of the canton and the municipalities.

2. It pursues the following goals

a) an appropriate, particularly economical, use of land;

b) the promotion of a sensible and orderly development of settlements;

c) the protection of townscapes, landscapes, and natural habitats from impairment.

3. It also establishes the legal requirements for buildings and facilities. These include particularly design, safety, hygiene, energy consumption, environmental protection, and neighbor interests.

1. The law is applicable to all activities affecting spatial development conducted by private individuals and public authorities. It specifically regulates

a) spatial planning;

b) development and infrastructure;

c) land consolidation and boundary adjustment;

d) restrictions on property ownership;

e) the protection of nature, landscapes, as well as townscapes and cultural objects;

f) formal and substantive public construction law.

2. The procedural provisions of the law, particularly those concerning procedural coordination, shall always apply when planning activities are to be undertaken or when orders are to be issued in the context of the creation or alteration of a building or facility.

1. The Executive Council shall have the supreme oversight over spatial planning and the application of public building law.

2. The Department of Construction and Economic Affairs promotes and monitors the implementation of this law and fulfills, in addition, all tasks not assigned to other authorities or bodies. It may issue binding directives for the authorities to ensure correct and uniform application of the law. The Cantonal Building Coordination Service (BKD) ensures the coordination of first-instance procedures. It ensures that the involved offices and specialist departments carry out their tasks in a timely manner.

3. The municipalities perform the function of local planning, building permit, and building control authorities.

4. The jurisdiction of municipal parliaments according to the regulations of the municipalities remains reserved.

1. The municipal council may delegate its powers as the building permit and construction supervision authority, as well as its representation in regional bodies, to a subordinate commission or administrative office.

2. For enforcement purposes, the competent authorities may involve public-law corporations, private individuals, or private organizations, and specifically assign them responsibilities for inspection, control, and monitoring. The competent authority shall issue service contracts to the third parties involved in the enforcement and shall periodically review their activities. The rules on disqualification apply.

**1. The authorities tasked with planning shall adhere to the principles of the Federal Act on Land Use Planning (RPG) and ensure, in particular, that**

a) agriculture retains well-suited arable land. Economic and efficient use must be guaranteed,

b) natural resources are preserved and enhanced, especially through the protection of landscapes of special beauty, viewpoints, streams, groundwater and springs, valuable tree stands and field copses, habitats of protected animals and plants, as well as through the revitalization and restoration of altered natural habitats and landscapes; the principles of sustainability and proportionality must be observed,

c) traditional dispersed settlements, the Appenzell house type, as well as valuable townscapes and cultural objects are preserved,

d) an adequate supply of well-suited building land is ensured, especially through timely development and an active land policy, and

e) favorable conditions for the maintenance and establishment of housing and workplaces are created.

**2. The planning bodies coordinate their plans with one another. They harmonize them wherever possible, particularly with geographically adjacent planning bodies.**

1. Cantonal and municipal authorities shall inform the public in a timely manner about the objectives, procedures, and results of their planning activities.

2. They shall ensure that the public and subordinate authorities are involved in an appropriate manner. They must provide at least a collective response to any detailed proposals.

3. The municipalities shall regulate information and participation for municipal use and directive planning in their regulations.

4. The plans under this law are public.

1. The cantonal structural planning ensures the optimal coordination of the spatially significant activities and plans of the municipalities, regions, and the canton. It outlines, as a planning objective, the desired spatial development of the cantonal territory.

2. The structural plan, as the result of the structural planning, indicates the timeline and the means intended to achieve the planning objective.

1. As a basis for issuing the structure plan, the cantonal structural planning provides information on

a) the spatial development of the canton;

b) those areas suitable for agriculture, as well as those that are particularly beautiful, valuable, or significant for recreation or as a natural habitat;

c) * those areas significantly threatened by natural hazards or harmful effects (hazard indication maps);

d) the status and desired development of settlement, transportation, supply and disposal, as well as public buildings and facilities;

e) the spatial requirements of bodies of water concerning ensuring flood protection and ecological functions;

f) areas requiring improvement with deficiencies in nature and landscape protection and high enhancement potential.

2. The structure planning takes into account the planning of the federal government, the structure plans of neighboring cantons, as well as regional development concepts and plans.

3. Cantonal authorities, municipalities, special-purpose associations, and public utility companies are obliged to cooperate and must provide the necessary information upon request.

1. Content and Form of the Structural Plan are governed by federal legislation.

2. The Structural Plan is binding for the authorities of the canton and the municipalities. It must particularly be considered when revising existing, and developing new, municipal structural plans, zoning plans, and special use plans.

1. The Department of Construction and Economic Affairs regularly reviews the measures and processes set out in the structural plan in terms of their timely and substantive implementation.

1. The canton may join a cross-cantonal eligible entity responsible for the transportation infrastructures in urban agglomerations co-financed by the Confederation pursuant to Articles 17a-17d of the Federal Act on the Use of Earmarked Mineral Oil Tax.

2. For this purpose, the Executive Council concludes agreements with other cantons and municipalities regarding the entity as well as the planning and implementation of the agglomeration programs.

1. To the extent that cantonal or regional interests require it, the Department of Construction and Economic Affairs may designate cantonal use zones for the long-term designation of extraction areas for raw materials (extraction zones), for the creation of landfills (landfill zones), and for the production of renewable energies (energy zones).

2. In cantonal use zones, there is an obligation to create a special use plan. The special use plans regulate at least the extraction, development, and basic elements of the final design in extraction zones; in landfill zones, they include at minimum statements about the landfill type according to the Waste Ordinance, the landfill or storage volume, the phasing, the final design of the site, and the development; in energy zones, they contain at minimum statements about the type, location, and sizing of the facilities, the construction and installation areas, the development, and the minimum distances.

3. In extraction zones, the extraction of raw materials such as stones, gravel, clay, sand, and similar materials, as well as the necessary constructions and installations for this purpose, are permitted.

4. In landfill zones, landfills, interim storage facilities, and similar facilities, as well as the necessary constructions and installations for this purpose, are permitted.

5. Recycling and crushing facilities are permitted in landfill and extraction zones only with a time limitation that is oriented to the validity period of the operating permit.

6. In energy zones, the constructions and installations necessary for the production of renewable energies are permitted.

1. The canton issues water body boundary lines that determine the spatial requirements of surface waters in a generally binding manner.

2. The delineation is carried out for a water body, a section of a water body, or on a municipality-by-municipality basis.

3. Municipalities take the water body space into account in their planning and land use strategies.

4. The permissible design and management of the water body space are governed by federal law.

1. The municipalities must be consulted before the enactment of the land use plan. The draft land use plan shall be subject to public discussion for 60 days before enactment.

2. The cantonal land use plan is enacted by the Council of State and subsequently approved by the Cantonal Parliament.

3. The Council of State determines the date for the complete entry into force of the land use plan after the approval of the Federal Council has been obtained.

1. The cantonal structural plan shall generally be comprehensively reviewed 10 years after its entry into force and revised if necessary. The procedure corresponds to the enactment procedure.

2. The government council is responsible for making individual adjustments as formal plan amendments. It may limit the participation to the affected municipalities, planning authorities, and interest groups.

3. Amendments that fall within the scope of existing structural plan directives are considered updates. The associated technical supplements are carried out by the Department of Construction and Economic Affairs. All accrued supplements shall be announced publicly on an annual basis.

1. Cantonal Use Zones and Waterbody Boundaries are issued by the Department of Construction and Economy after consultation with the affected parties. They come into effect with the legally binding approval by the Government Council.

2. The plans must be publicly displayed in the municipality for 30 days. The public display must be announced in the cantonal official gazette.

3. The affected property owners must be notified in writing about the plan display.

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1. During the objection period, written objections to cantonal land-use zones and waterway boundary lines may be submitted to the Department of Construction and Economic Affairs. The objection must include a specific request and a justification.

2. Objections shall be resolved, as far as possible, through mutual understanding. The Department of Construction and Economic Affairs shall decide on objections that cannot be resolved amicably. In the case of significant changes, the public display must be repeated.

3. An appeal against the decision on the objection may be filed with the Government Council within 20 days. The Government Council shall decide on appeals at the same time as the approval of the plan.

1. Cantonal Usage Zones and Watercourse Boundaries shall be reviewed and, if necessary, adjusted under the conditions of Art. 51. The same procedure applicable to enactment applies to amendments.

1. The Building Regulation supplements the superior construction legislation by establishing norms for achieving the goals of spatial planning and hazard prevention in the erection, alteration, demolition, existence, and use of buildings and facilities.

2. It includes general construction regulations applicable to the entire municipal area as well as special construction and usage regulations for individual zones. In particular, regulations are enacted concerning

a) the type, minimum, and maximum intensity of structural and operational use;

b) construction methods;

c) building height and number of floors;

d) boundary distances and building separations;

e) requirements for the architectural design of buildings and facilities within the construction zone;

f) requirements for landscaping and planting;

g) framework conditions during construction work;

h) municipal protection regulations;

i) municipal access regulations;

j) fees, contributions, and substitute charges, particularly for parking spaces.

3. Except for the phase of submitting building applications, the establishment of procedural provisions remains reserved for cantonal law.

1. The following terms shall be uniformly applied in all municipalities

a) Intensity of building use (utilization ratio, building mass index, etc.) including calculation bases and utilization transfer;

b) Building method;

c) Full story, basement, attic;

d) Elevation point;

e) Ridge height;

f) Building height;

g) Length surcharge;

h) Boundary distance;

i) Building distance;

j) Building length;

k) Small structures;

l) Protruding structures;

m) Extensions and ancillary structures;

n) Underground structures;

o) Natural terrain;

p) Temporary structures;

q) Underground engineering works.

2. The terms regulated by cantonal law shall supersede the municipal definitions still existing at that time five years after the entry into force of the governmental ordinance. Until that time, or until the entry into force of new municipal regulations, the previous term definitions, as well as calculation and measurement methods, shall apply.

1. The municipal structure plan outlines the general planning objective for how the municipal area should develop spatially in the long term.

2. It specifies the timeline and the means to be used to achieve this objective. It shows at least

a) the long-term delineation and use of the building area;

b) the coordinated development of infrastructure, traffic networks, and supply and disposal systems;

bbis) the internal development strategy;

c) public buildings and facilities;

d) agricultural areas;

e) protection areas and protected individual objects;

f) provisional and definitive groundwater protection zones;

g) pedestrian and hiking paths according to separate structure plans under the ordinance for the implementation of the Federal Act on Footpaths and Hiking Trails[11].

3. The municipal structure plan is binding on authorities. It must be considered particularly in the revision of existing and the preparation of new protection, use, and special use plans.

1. The zoning plan determines the type and permissible extent of land use within the entire municipal area.

2. It differentiates at least between building zones and agricultural zones. Within the building zones, protection zones according to Art. 79 et seq. can also be designated.

3. Cantonal usage zones as well as protection zones and regulations, including groundwater protection zones, take precedence over the land use plans of the municipalities. Conflicting plans must be adjusted.

1. The zoning plan may designate the following types of building zones

a) Core Zones (K);

b) Residential Zones (W);

c) Mixed Residential and Commercial Zones (WG);

d) Commercial Zones (GE);

e) Industrial Zones (I);

f) Spa Zones (KU);

g) Zone for Public Buildings and Facilities (OE);

h) Intensive Recreation Zones (IE);

i) Green Zones in Building Area (GRi);

j) * ...

k) * Traffic Areas in Building Area (VFi).

2. The zoning plan may designate the following types of non-building zones

a) Agricultural Zones (L);

b) Special Agricultural Zones (SL);

c) Other Municipal Areas (ÜG);

d) * Hamlet Zones (WZ);

e) * Traffic Areas in Non-Building Area (VFa).

3. These primary use zones may be overlaid by the following types of zones

a) Municipal Protection Zones;

b) Zones for Winter Sports (WS);

c) * Zones with Special Use Plan Requirement;

d) Hazard Zones;

e) Green Zones in Non-Building Area (GRa).

1. Localities that possess existing or newly created central functions or impart a defining character to the area can be designated as core zones.

2. In addition to residential buildings, public buildings and moderately disruptive businesses with a centralizing function are permissible.

3. The building regulations may establish a minimum proportion of residential uses.

1. Residential zones include areas suitable for residential purposes. They are intended to ensure quiet and healthy living conditions.

2. Non-disruptive businesses and non-disruptive retail stores are permitted.

1. In residential and commercial zones, residential buildings and moderately disruptive enterprises are permissible.

2. In areas less suitable for residential purposes, restrictive building regulations for residential buildings and inhabited parts of buildings, as well as regulatory relaxations for enterprises, may be enacted. Additionally, a minimum proportion of commercial use may be stipulated generally in the building regulations or specifically in the zoning plan for individual zones.

1. In industrial zones, businesses as well as their associated buildings and facilities are permitted, provided they do not excessively disturb their surroundings.

2. Within the framework of land use planning, certain types of businesses may be excluded for planning or infrastructural reasons.

3. Residences are permitted only for business owners and employees who are operationally tied to the location.

1. In industrial zones, industrial and commercial enterprises with significant emissions or larger building volumes are permitted.

2. Within the scope of land-use planning, certain types of businesses may be excluded for planning or infrastructural reasons.

3. Housing is permitted only for business owners and employees who are operationally tied to the location.

1. In the spa zones, only buildings and facilities that serve the spa operation and recreation are permitted.

2. The building regulations may allow additional structures such as residential buildings, hotels, holiday apartments, retail shops, clinics, etc.

1. In zones designated for public buildings and facilities, only structures and facilities serving public or public interests are permissible.

2. Structures and facilities serving public or public interests specifically include buildings for public administration, school buildings, hospitals, homes, churches, cemeteries, waste disposal facilities, as well as public sports and recreational facilities.

3. The building regulations determine the extent to which zones for public buildings and facilities are also open to secondary uses and private sponsorship.

1. Intensive recreation zones are designated for sports and recreational facilities, campgrounds, as well as for buildings and facilities of youth and leisure organizations and similar entities.

2. The specific purpose designation must be specified in the zoning plan.

1. Green zones comprise areas that are not to be developed and, depending on the purpose, may only be cultivated to a limited extent. They serve the purpose of

a) Keeping areas free from development, particularly for the purpose of structuring the local and landscape image, preserving scenic views, and forest edges;

b) Maintaining and creating recreational facilities;

c) Preserving objects worthy of protection according to Art. 79 et seq.;

d) Securing groundwater protection zones and areas.

2. The specific purpose is to be indicated in the zoning plan.

3. Small structures and facilities such as garden houses, allotment gardens, and the like are permissible as long as they do not contradict the designated purpose of the zone.

4. Underground parking facilities, including necessary access roads, are also permissible. Development facilities and interventions in the terrain and natural environment are allowed as long as they do not impair the fulfillment of the zone's purpose.

5. Where the purpose of the zone requires it, further protective measures according to Art. 79 et seq. are to be enacted. If green zones are designated to secure groundwater protection zones and areas, protective measures according to water protection legislation must be taken simultaneously.

6. The permissibility of structures and facilities in green zones outside development areas is otherwise determined according to Art. 31.

1. Roads, including the associated sidewalks, squares, public parking facilities, bus stops, railway facilities with transshipment arrangements, and railway stations without third-party usage are referred to as traffic areas.

2. Traffic areas located within building zones or adjacent to building zones are considered part of the construction area. Constructions and facilities are permissible as long as they serve the design or use of the road space. The construction over or under traffic facilities requires the consent of the competent road construction authority. The approval may be associated with an added value agreement. The guarantee of existence under Art. 94 applies.

3. The government council regulates the creditability of traffic areas in connection with the utilization calculation through ordinance.

4. The permissibility of constructions and facilities on traffic areas outside building zones is otherwise determined by Art. 31.

1. Agricultural zones serve the long-term securing of the food supply, the preservation of the landscape and recreational areas, or the ecological balance, and should be largely kept free from developments according to their various functions.

2. Areas suitable for agricultural use or productive horticulture, which are required to fulfill various agricultural tasks or should be cultivated in the overall interest, are to be designated as agricultural zones.

3. The permissibility of buildings and installations is determined by federal legislation.

1. In special agricultural zones, buildings and facilities are also permissible that extend beyond an internal increase in size and produce predominantly or exclusively independent of land.

2. The designation of special agricultural zones is excluded

a) in protected areas according to federal law as well as in areas with cantonal and municipal protection designations, provided they are not compatible with their objectives;

b) in crop rotation areas;

c) in danger zones;

d) in the event of potential endangerment of groundwater.

3. Prior to the designation of special agricultural zones and the approval of buildings and facilities pursuant to Art. 16a para. 3 RPG, a careful weighing of interests must take place. This is oriented towards the aims and principles of the RPG. Of particular importance are

a) the structural integration of the buildings and facilities into the landscape;

b) the protection against emissions concerning neighboring uses;

c) the alignment with existing infrastructure facilities such as roads, supply, and disposal systems, etc.;

d) the connection to existing farm groups or settlement parts, as far as this is reasonable.

4. The existence of existing facilities that extend beyond an internal increase in size as defined in Art. 16a para. 2 RPG remains ensured. Extensions are contingent upon a special agricultural zone being designated.

5. The municipality is exempt from the obligation to provide infrastructure in special agricultural zones.

1. The remaining municipal area comprises the territory outside of construction and agricultural zones that is intended for future structural development or is not suitable for any specific utilization.

2. Buildings and facilities are permissible if

a) the requirements according to Art. 31 are met, and

b) future structural development of the municipality is not impaired.

**1. Hamlet Zones**

Hamlet zones serve the preservation of the traditionally developed settlement structure and the moderate use of existing building volumes. They comprise small settlements clearly separated from the main settlement area, consisting of at least five inhabited buildings in close spatial relationship.

**2.** In hamlet zones, existing buildings can be repurposed for residential purposes or for moderately disruptive businesses. New constructions are not permissible. If there are no suitable space reserves available within the volume, extensions up to a maximum of 30% of the existing gross floor area can be permitted. Otherwise, Article 31 applies.

**3.** The cantonal structural plan identifies the possible areas for hamlet zones.

**4.** The government council regulates the details by ordinance.

1. Zones for winter sports can be designated to keep areas for ascents, descents, cross-country skiing, practice grounds, and sledding tracks open.

2. Buildings and facilities are permitted as long as they do not contradict the purpose of the zone.

1. Areas with a special land use plan requirement may be designated as contiguous sub-areas whose development, construction, or renewal is particularly significant for the development of the municipality. The municipality determines the purpose of the special land use plan in the zoning plan.

2. The construction of buildings and facilities in areas with a special land use plan requirement requires a legally binding special land use plan.

1. Hazard zones encompass areas that, for safety reasons, may only be developed to a limited extent and under protective measures. The provisions of Art. 115a apply.

2. The municipalities determine the hazard zones based on the cantonal hazard maps and designate the hazard levels in the zoning plan.

1. Special Use Plans regulate the development, construction, or renewal of contiguous subareas.

2. The following are considered Special Use Plans

a) Building Line Plans;

b) Development Plans;

c) Renewal Plans.

3-4. ...

5. Special Use Plans must be reviewed by the Municipal Council every ten years and, if necessary, adjusted to changed circumstances.

6. Binding Special Use Plans can be noted in the land register.

1. The building line plan regulates the access to certain sub-areas and limits their buildability using building lines, elevation specifications, and direction points.

2. Building lines determine the minimum distance of structures and facilities from existing or planned transportation facilities, bodies of water, forests, and scenic locations. Building lines take precedence over all other boundary and distance regulations. Mandatory building lines require construction directly on the building line.

3. Building lines may be established particularly in the following cases

a) to secure the space for existing or planned transportation, supply, and disposal facilities;

b) to create open spaces within the building area;

c) for underground constructions;

d) to secure space for arcades, passageways, and the like;

e) to determine the location of structures and facilities (mandatory building lines);

f) to shape the appearance of localities, quarters, and outdoor areas;

g) to delineate buildable areas from bodies of water and forests.

4. Using elevation lines along road axes or elevation points corresponding to the height of the center of gravity of the building's footprint on existing ground, the height level of structures and facilities can be specified.

5. Space can be reserved between direction points in such a way that the most direct possible transportation connection is feasible.

1. The development plan governs the construction of a sub-area with special building regulations.

2. The development plan consists of a map, any supplementary maps, the special building regulations, and a planning report. The planning report outlines at least the objectives and steps necessary for the realization of the development plan.

3. The special building regulations specify the provisions applicable in the respective zone. Special building regulations may particularly include

a) Type of construction (open, closed);

b) Arrangement and layout of buildings;

c) Size and distances of buildings;

d) Roof alignment and shapes;

e) Choice of materials and façade design;

f) Provision of communal facilities, parking spaces, and children's playgrounds;

g) Arrangement, design, and landscaping of open spaces;

h) Preservation of viewpoints and vistas;

i) * Utilization intensity;

j) * Supply and disposal;

k) * Land consolidation and boundary adjustments;

l) * Cost regulations, particularly perimeter contributions for communal facilities;

m) * Establishment of shared energy supply facilities and connection to energy distribution networks.

4. ...

1. The Renewal Plan governs the renewal of a largely developed sub-area with special construction regulations. The respective sub-area must be designated as a zone with a special use plan requirement for the purpose of renewal in the zoning plan.

2. The Renewal Plan consists of a plan, any supplementary plans, the special construction regulations, as well as a planning report. The planning report outlines at least the objectives and the steps for the implementation of the Renewal Plan.

3. The special construction regulations specify the regulations applicable in the respective zone. The content of the special construction regulations is determined according to Art. 39 para. 3.

1. Special construction regulations must not contradict the purpose of the respective zone. Deviations from the regulations applicable in the respective zone are permissible subject to the following limitations

a) * By means of a development plan, deviations in the number of floors are permitted up to a maximum of one full floor, and in the intensity of use up to a maximum of 10%.

b) * By means of a renewal plan, deviations in the number of floors are permitted up to a maximum of one full floor.

2. Deviations in the number of floors and in the intensity of use may only be granted if

a) * the arrangement and structure of the buildings are included in the planning,

b) * the size of the property justifies the deviations and the interests of the neighbors are not significantly impaired, and

c) * a substantial improvement in quality can be demonstrated with respect to architectural design, residential hygiene, and integration into the structural and landscape environment.

3. If deviations are made by means of a development or renewal plan from the regulations applicable in the respective zone regarding the number of floors or the intensity of use, this must be explicitly indicated in the public disclosure. The deviations must be appropriately represented with plans or models. The municipal council may additionally order a visualization.

1. The municipal council shall develop and issue special usage plans ex officio or upon the request of the majority of property owners who together own more than half of the area to be included.

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4. Eligible property owners may submit their own non-binding plan drafts to the municipal council for resolution. They must inform the municipal council in advance about the commencement of the planning. The municipal council, in consultation with other affected authorities, will communicate the framework conditions that will guide them in the examination of the plan in the specific case.

1. The municipal development plan is enacted by the municipal council and requires approval by the government council. It must be submitted to the Department of Construction and Economic Affairs for preliminary examination beforehand.

2. The municipal council determines the date of the overall entry into force of the municipal development plan following the approval of the government council.

1. The municipal structural plan shall be comprehensively reviewed and, if necessary, revised 10 years after its effective date. The procedure is the same as that for the adoption of the plan.

2. The municipal council is responsible for making individual adjustments as formal plan amendments. Such adjustments must be submitted to the Office for Spatial Planning and Forests for preliminary review and require the approval of the Department of Construction and Economic Affairs.

3. Changes that are in line with the existing directives of the structural plan are considered updates. The associated technical supplements are made by the municipal council. These supplements are announced publicly on an annual basis.

1. Building Regulations and Zoning Plans must be submitted to the Department of Building and Environment for preliminary examination before public disclosure, while Special Use Plans must be submitted to the Office for Space and Forests for the same purpose.

1. Utilization plans and zoning regulations of the building regulations must be made publicly available for a period of 30 days.

1a. In the case of the disclosure of special utilization plans, property owners whose land is located within the planning area or no more than 30 meters from the planning area must be notified in writing.

2. The disclosure must be publicly announced. Within the period of disclosure, written objections specifying particular requests and justifications can be submitted to the municipal council.

3. The right to file an objection is determined by Article 111.

1. If the objection fulfills the formal requirements, the municipal council attempts to reach an understanding with the objector. If the understanding results in significant changes, the public disclosure must be repeated.

2. If the objection cannot be amicably resolved, the municipal council shall decide on it simultaneously with its resolution to adopt the utilization plan or the zoning regulations of the building regulations. It communicates the reasoned objection decision to the objector, granting a deadline of 20 days from receipt of the objection decision, within which an appeal can be lodged with the government council regarding zoning plans and zoning regulations of the building regulations, or with the Department of Construction and Economic Affairs in the case of special utilization plans.

3. When filing the appeal, applications must be submitted.

1. Utilization Plans and Building Regulations are enacted by the Municipal Council and are subject to the optional referendum.

2. ...

1. The appellate instance pursuant to Article 47 shall set the appellant a reasonable deadline to provide grounds for the lodged appeal. It shall decide on the appeal together with the decision on the approval. Only those who participated in the objection procedure are entitled to appeal.

2. Building regulations and zoning plans must be submitted to the government council, and special use plans to the Department of Construction and Economic Affairs for approval. Approval is granted if the plan or regulation complies with legal provisions and superior planning and does not appear impractical.

3. If only individual parts of the zoning plan and the zoning regulations of the building regulation are contested by appeal, the government council may, at the request of the municipal council, approve the uncontested parts to the extent that they do not affect the disputed parts.

1. Zoning plans and building regulations come into effect upon attaining legal force of the approval decision.

2. ...

1. Building regulations and zoning plans must be reviewed and, if necessary, revised when there are significant changes in factual or legal circumstances, when new tasks arise, or when it appears warranted due to important public interests.

2. The same procedure must be followed for amendments to zoning plans and building regulations as for their initial issuance.

2. Minor Amendments to Land Use Plans Are Not Subject to Referendum. They must be submitted to the Office for Spatial Planning and Forestry for preliminary examination before public notification and require approval from the Department of Construction and Economic Affairs.

3. Amendments to land use plans are considered minor if

a) * they do not infringe on significant public and neighboring interests,

b) they do not involve any changes to the underlying concept of the land use plan, and

c) * they affect only a small area.

1. For the purpose of joint, coordinated planning and the execution of regional public tasks, municipalities may engage in institutionalized cooperation.

2. In particular, municipalities may consolidate administration in the building permit process within the framework of regional building secretariats.

3. The requirement for approval of statutes, agreements, and plans, as well as the obligation to cooperate, are governed by Articles 28 et seq. of the Municipal Act.

**1.** Within the planning zones, no actions may be undertaken that could complicate planning; in particular, the processing of building applications can be suspended. The decision on planning zones specifically outlines which actions requiring building permits are to be refrained from during the validity of the planning zone.

**2.** Planning zones can be designated for the entire municipal area, parts thereof, or individual plots to prevent actions that could render the implementation of ongoing or intended planning impossible or more difficult. Planning includes the issuance or amendment of structural and land use plans and the associated regulations.

1. Jurisdiction for the Enactment of Planning Zones

a) The municipal council, when the planning zone is required due to municipal planning;

b) The Department of Construction and Economic Affairs, when the planning zone is required due to cantonal planning.

2. Planning zones are enacted for a maximum duration of three years. For important reasons, the enacting authority may extend the validity for an additional maximum of two years. If plans or regulations pursuant to Art. 54 para. 1 are publicly disclosed during the validity of the planning zone, the effectiveness of the planning zone extends until the underlying plans or regulations come into force.

3. The enactment of planning zones must be publicly announced and communicated in writing to the affected landowners. At the same time, an objection period of 30 days must be set.

4. Planning zones come into force upon their announcement. The enacting authority decides on objections. An appeal against the objection decision can be filed with the Department of Construction and Economic Affairs for municipal planning zones or with the Government Council for cantonal planning zones within 20 days. Objections and legal remedies against planning zones do not have a suspensive effect.

5. Planning zones must be noted in the land register. They are to be revoked with a public announcement upon the legal effect of the planning they secure and must be registered for deletion with the land registry office.

1. Municipalities shall ensure that construction zones are utilized according to their designated purpose through appropriate measures.

2. They may, in particular, enter into agreements with landowners, condition rezoning on certain terms, obtain a right of purchase, preemption, or repurchase of building land, or agree to a plan amendment without compensation.

3. If public interest justifies it, the municipal council may set a reasonable deadline for construction to proceed according to its intended purpose. Should this deadline for the construction obligation lapse without action, the municipality has a statutory right of purchase at market value.

4. The construction obligation and other public-law property restrictions must be noted in the land register.

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1. The Value Added Levy serves as a fair compensation for significant advantages that arise from planning measures.

2. It is levied when the resulting added value amounts to at least CHF 20,000.

1. The capital gains tax applies to the benefits arising from the allocation of a plot from a non-building zone into a building zone (zoning).

2. The benefits arising from the designation of a cantonal use zone pursuant to Art. 11 are not subject to the capital gains tax.

1. The added value of a property corresponds to the difference in its land value with and without planning measures.

2. The relevant point in time for the creation of the additional value levy claim and the assessment of the added value is the moment the planning measure becomes legally binding.

3. The relevant land values are determined by the property appraisal authority using recognized appraisal methods.

4. The added value generated during rezoning is to be reduced by the amount used within five years to acquire an agricultural substitute structure for self-farming.

1. The amount of the value-added levy is 20% of the value added.

1. The obligation to pay lies with the landowner at the time when the planning measure becomes legally binding.

2. The canton and the municipalities are exempt from the obligation to pay.

1. Upon the entry into force of the planning measure, the municipal council shall determine the value-added levy and have it noted in the land register.

2. There exists a statutory lien for the value-added levy which takes precedence over all registered encumbrances without requiring an entry in the land register. Liens exceeding the amount of CHF 1,000.- are subject to the protection of bona fide third parties pursuant to Article 836 paragraph 2 of the Swiss Civil Code.

1. The value-added levy becomes due upon the development or sale of the property.

2. In the case of development, the due date of the value-added levy occurs at the commencement of construction work.

3. In the case of a sale, the due date of the value-added levy occurs upon the transfer of ownership to a new legal entity. Transactions that result in a change of ownership or are economically equivalent to a change of ownership are considered sales. Exemptions include changes of ownership through inheritance (succession, division of an estate, legacy), anticipated succession, or gift, as well as between spouses for the settlement of matrimonial and divorce claims.

4. In the event of a sale of part of the property, the value-added levy becomes due on a proportional basis.

1. The municipal building authority informs the municipal council of the commencement of construction works.

2. The land registry office notifies the municipal council of each public certification of a contract aimed at the transfer of ownership of a property and any change of ownership, provided a determined added-value levy is noted.

1. Upon maturity, the municipal council orders the collection of the value-added levy and issues an invoice.

2. The payment term is 60 days from the issuance date of the invoice. Interest for late payment is owed on the levy amount after the expiration of the payment term, irrespective of any pending legal appeal. The rate of interest for late payment corresponds to the interest rate for state and municipal taxes.

3. The levy claim becomes time-barred 10 years after maturity.

1. The value-added levy flows into a cantonal fund, from which earmarked contributions are allocated to the municipalities. The fund is part of the state accounts.

2. Municipalities that are obliged, according to the provisions of the cantonal master plan, to reassign a property from a building zone to a non-building zone (rezoning) and, for this, are required to provide compensation pursuant to Article 76 paragraph 2, based on a legally binding judgment or an agreement approved by the Department of Construction and Economic Affairs, are eligible for contributions.

3. Subject to the availability of fund resources, additional measures in accordance with Article 5 paragraph 1ter RPG may be supported, provided they are envisaged in the cantonal master plan. The specifics are regulated by the government council.

1. The municipalities are responsible for the timely and appropriate development of building zones. They are accountable for the maintenance and operation of public infrastructure facilities.

2. The obligation of the municipalities to provide infrastructure includes at least transportation facilities and utility lines for water and energy supply as well as sewage systems.

3. The municipalities may delegate infrastructure tasks to public or private utility entities, such as land cooperatives. In such cases, the obligation to provide infrastructure lies with the utility entity.

1. The municipal council indicates in an overview plan which parts of the construction zone are ready for building due to completed planning and development, or are expected to be made ready for building within five years.

2. The development overview is public.

1. The Municipal Council shall draft a development program that outlines the sequence for establishing all facilities necessary for the development of building zones.

2. The Development Program

a) is coordinated with the municipality's financial planning,

b) considers the municipality's construction development and the demand for building land,

c) is aligned with the spatial planning of the canton and the municipality,

d) is based on the development overview and development concepts such as the General Drainage Project (GDP) and the general water supply planning.

3. The Development Program is binding on authorities, to be enacted in the procedure for municipal planning directives, continuously coordinated with financial planning, and published. If the spatial planning changes, it shall be adjusted accordingly.

1. **The Municipalities Issue a Development Regulation.** Unless special regulations, such as road, water, or wastewater regulations, contain the corresponding provisions, they shall at least regulate the following

a) the assessment bases and rates for property owner contributions to development facilities;

b) the modalities for the collection of property owner contributions (debt obligation, due date, deferral, etc.);

c) the conditions for the adoption of private development facilities by the municipality.

2. The municipalities shall ensure that there are sufficient legal bases as described in paragraph 1, when development tasks are transferred to utility companies.

3. The development regulations pursuant to paragraph 1 require the approval of the Government Council.

1. Municipalities shall regulate the distribution of development costs in their regulations.

2. The municipal share of development facilities is considered a mandatory expenditure, unless the municipalities provide otherwise in their regulations.

1. If the construction of development facilities results in special benefits for properties, the property owners are required to pay appropriate contributions.

2. The development contributions are to be assessed in proportion to the benefits received. The total amount of these contributions must not exceed the cost of the facilities.

3. Specific details are regulated by the municipalities in the regulations. The special legislation for individual development facilities must be observed.

1. The municipal council shall prepare a perimeter plan for each development project, in which the property owners liable to contribute and their respective contributions are designated. For development projects resulting in the contribution obligation of fewer than six properties, this requirement may be waived.

2. The perimeter plan must be publicly displayed for 30 days. The display shall be publicly announced. The property owners liable to contribute must be notified in writing. During the display period, objections may be submitted to the municipal council.

3. The legally binding perimeter plan has the effect of an enforceable court judgment.

4. Special legislation for individual development facilities remains reserved.

1. The municipality may construct development facilities ahead of the scheduled time in the development program, with interest-free advances provided by property owners wishing to build, if

a) there is a corresponding project approved by the municipal council;

b) there is a public-law contract approved by the municipal council regarding the financing, which also regulates the modalities of the repayment of contributions;

c) the municipal contribution for refinancing is approved, unless the property ownership waives the refund from the outset or it is stipulated in the public-law contract that the refund is subject to the approval of the municipal contribution.

1. The municipality may authorize landowners to plan and construct development facilities before the time specified in the development program if

a) a corresponding project approved by the municipal council is in place;

b) a public-law contract approved by the municipal council regarding the modalities such as the timing of the transfer of rights and obligations by the municipality, connection possibilities and co-financing by neighbors, expropriation issues, etc., exists;

c) there are no significant opposing interests.

2. The planning and construction of the development facilities are subject to the supervision of the municipality.

3. Concerning the regulation of the financing of development facilities planned and constructed by landowners, Art. 64 is applicable.

4. After the expiration of the deadlines specified in the development program, affected landowners have the right to self-development according to Art. 19 para. 3 RPG.

1. Rear and neighboring property owners may be authorized by the municipal council to use an existing private access facility if

a) it is advisable from a spatial planning perspective;

b) the access to the respective property is neither reasonable nor advisable by other means;

c) it appears reasonable for the burdened property.

2. The municipal council shall decide, after hearing all parties involved, based on the application of those property owners who wish to claim the right.

3. The burdened property owners are to be compensated. If an agreement on compensation cannot be reached, it will be determined by the superior court after the authorization decision becomes legally binding.

1. Under the conditions listed in Art. 66, the municipal council may grant property owners a right of expropriation to claim neighboring properties for their own development facilities. This right can only be claimed for development facilities that are indispensable for obtaining building readiness.

2. The process is governed by Art. 66.

1. The land readjustment shall align the existing parcel structure with the land use planning in such a manner that the plots are suitable in location, shape, and size for a lawful and appropriate use for construction purposes.

2. In particular, the land readjustment serves

a) the optimal implementation of the legally binding land use planning;

b) as an accompanying measure to the land use planning;

c) the development of construction zones;

d) the designation of land for buildings and facilities intended to fulfill public tasks.

1. The reallocation area includes properties within the construction zone. Adjacent properties outside the construction zone may also be included for consolidation and disentanglement.

1. The Municipal Council initiates the reallocation procedure when

a) one or more landowners request it,

b) the feasibility of the land use planning requires a reallocation, or

c) the Municipal Council deems it expedient.

2. The decision to initiate a land reallocation can only be contested together with the reallocation perimeter.

1. The reallocation perimeter is determined by the municipal council. Owners of properties located within or immediately adjacent to the perimeter may file an appeal with the Department of Construction and Economic Affairs within a 30-day publication period. Once any appeals have been legally decided, the land reallocation is considered resolved. If the perimeter remains unchallenged, the municipal council declares the land reallocation as resolved.

2. All property owners whose properties are located within the legally binding perimeter are obliged to participate in the land reallocation. The inclusion of properties in the reallocation perimeter is noted in the land register.

3. The government council regulates the details of the implementation of the land reallocation by way of ordinance. It regulates at least the following subjects

a) Executive agency;

b) Measures to secure the land reallocation;

c) Modalities of reallocation;

d) Value adjustment;

e) Areas for public use;

f) Relevant value;

g) Clarification of rights and encumbrances;

h) Preparation and publication of the reallocation plan;

i) Approval by the Department of Construction and Economic Affairs and entry in the land register;

j) Compensation payments and reallocation costs;

k) Land reallocation by agreement.

1. If the unfavorable course of the boundary between two properties hinders the efficient development or any other use of a property, the municipal council shall initiate a boundary adjustment on its own motion or upon the application of an owner, provided that no substantial disadvantage is caused to the neighboring property concerned.

2. The boundary shall be adjusted in such a way as to best preserve the areas of the properties involved.

3. In other respects, the provisions concerning land consolidation shall apply accordingly.

1. With the approval of the usage plans, the municipality receives the right of expropriation for

a) the land required within approved building lines for traffic and development facilities, open spaces, and public facilities;

b) land located in approved zones for public buildings and facilities.

2. To achieve the legal protection purpose in approved protection zones as well as for protected individual objects, the canton and municipalities may acquire ownership and easements on properties through expropriation.

3. The procedure is governed by the Law on Compulsory Acquisition [16], particularly with regard to the determination of compensation.

4. The municipality may transfer the exercise of expropriation to third parties, including private parties. In the event of a dispute, the executive council shall decide.

1. Owners of land in zones designated for public buildings and facilities or in green zones may demand that where the land was legally buildable before the rezoning, compensation be provided for the deprivation of building rights until the land is acquired by the municipality, or that the land be immediately acquired by the municipality. If the conditions of Art. 5 of the Expropriation Act are met, they may demand the acquisition of the entire property.

2. Land designated as road area does not need to be expropriated before the road is constructed. However, after a period of ten years, the landowner may demand that if the land must continue to be reserved for road construction, expropriation be carried out, or compensation be provided for the continued deprivation of building rights.

3. Compensation and the acquisition price are determined in an appraisal procedure in accordance with the Expropriation Act.

4. Compensation and indemnities pursuant to this provision are considered mandatory expenditures.

1. Municipalities or other development entities are entitled to lay pipes or cables in the future road area between the building lines before the construction of a road, without being required to compensate for damages, except for property and cultural damages caused.

1. Restrictions on property ownership arising from this law, building regulations, land use plans, as well as protection zone plans and ordinances, generally do not establish a claim for compensation.

2. If property restrictions in their effects are equivalent to expropriation, they require full compensation.

1. Any compensations are to be provided by the public entity that has imposed the property restriction. Articles 20 and 21 of the Federal Act on the Protection of Waters concerning the designation of groundwater protection zones and areas remain reserved.

2. If a property restriction ordered by the Canton is primarily in the interest of a municipality, the municipality must participate appropriately in any compensation payments.

1. Decisions regarding compensation claims are made by the Superior Court upon an administrative legal action.

2. For the assessment of compensation, the date of the enforcement of the property-restricting measure is applicable; interest accrues from the time the claim arising from material expropriation is asserted in writing.

3. Compensation claims arising from material expropriation become time-barred five years after the property restriction becomes legally binding. Obligated parties may have compensation payments they have made noted in the land register.

1. For the conservation, promotion, and enhancement of nature and the landscape, measures must be taken to protect the following objects in particular

a) Especially beautiful or scientifically and culturally valuable landscapes;

b) Habitats for animals and plants worthy of protection;

c) Enhancement and buffer zones;

d) Culturally valuable townscapes, building groups, individual buildings, and structures;

e) Ecologically or scientifically significant locations of tree groups, hedges, field and bank vegetation, and prominent individual trees;

f) Standing and flowing waters, including their riparian zones;

g) Erratic blocks and geotopes;

h) Cultural monuments, as well as individual buildings, groups of buildings, building elements, and their surroundings that are historically or artistically valuable, including structures such as paths, dry stone walls, and the like.

2. Uses and measures that conflict with the protection of these areas and objects are generally inadmissible. The removal or impairment of objects worthy of protection may only be approved if an overriding need, which exceeds the interest in preservation, can be demonstrated. Unavoidable interventions are generally to be compensated for or replaced. Compensation and replacement measures must be implemented or ensured prior to the intervention.

1. The canton has exclusive jurisdiction for the protection of natural, landscape, and cultural values outside construction zones, for hamlet protection, as well as for the protection of sites of national significance within construction zones.

2. The canton has the following instruments at its disposal

a) cantonal structure plan;

b) cantonal protection zone plan;

c) cantonal protection regulations;

d) individual directives;

e) (management) agreements.

3. The municipalities have exclusive jurisdiction for the protection of natural, landscape, and cultural values within construction zones, excluding sites of national significance.

4. The municipalities have the following instruments at their disposal

a) municipal structure plan;

b) zoning plan;

c) special use plan;

d) municipal protection regulations;

e) individual directives;

f) agreements.

5. The governmental regulation sets the content and form of the cantonal and municipal instruments.

6. The government council negotiates multi-year program agreements with the federal government in the areas of nature conservation as well as the protection of cultural objects and sites. If the canton’s share of the program costs exceeds 1.8 million francs, the approval of the cantonal parliament is required.

1. With the cantonal protection zone plan, as well as cantonal and municipal protection regulations, individual orders, and agreements, property restrictions such as construction bans, demolition bans, and building restrictions, as well as regulations and obligations for use, management, planting, access, and maintenance, can be enacted.

1. Landscape conservation zones encompass particularly beautiful landscapes as well as those that are of scientific or cultural-historical value.

2. In addition to the design provisions of Art. 112, constructions, installations, and measures that alter the landscape must meet heightened requirements in terms of design, color scheme, and integration into the landscape.

3. New constructions, conversions, and renovations must conform to the traditional architectural style, particularly regarding the structuring and cladding of facades, window division, and surrounding landscape design.

4. Sports and recreational facilities, large slides, campgrounds, swimming pools, and other structures that do not directly serve land cultivation are not permissible. Smaller sports and recreational facilities, such as small ski lifts, may be approved if they are compatible with the zone's conservation purpose and if access is regulated.

1. Nature conservation zones encompass habitats for protected animals and plants, as well as areas intended to be shielded from additional disruptions and impacts, or to serve as enhancement areas for ecological compensation, connectivity, or buffering of existing nature conservation zones.

2. Nature conservation zones can be differentiated, particularly into zones for litter meadows, poor hay meadows, meadows/pastures with rare plant populations, extensively used pastures, as well as other conservation zones with natural diversity or natural processes. To protect free-living wildlife, wildlife sanctuary areas can be designated and subjected to access restrictions, particularly with mandatory paths.

3. Uses and measures that contradict conservation efforts and could particularly affect the protected animal and plant life are inadmissible. Specifically prohibited are harmful interventions in the water balance and in soil condition. Owners of properties located within the nature conservation zones are obliged to preserve the conservation value of the areas in the long term.

4. Constructions and facilities may only be permitted in nature conservation zones if they are necessary for agricultural and forestry use, do not impair the natural value of the area, and cannot be constructed outside the protection zones.

1. Local Scenic Protection Zones serve to protect particularly beautiful and culturally valuable local landscapes.

2. The proportions and original character of valuable buildings, building groups, and their surroundings, as well as open spaces, should be preserved.

3. New constructions, conversions, and renovations must conform to existing buildings in terms of building form and position, roof shape, roof pitch and design, ridge height, façade structure, color scheme, and type of materials. Deviations are only permitted if they are at least equivalent.

4. Demolitions are only permitted if the preservation of the existing building substance is not possible or, considering the artistic or historical value, not sensible, and if the resulting gap in the local landscape does not disturb, or the execution of an approved new construction is secured.

1. Groups of buildings and hamlets that are particularly beautiful and hold cultural and historical significance are referred to as "building groups, hamlets."

2. The original character of the buildings, building groups, and their surroundings shall be preserved, enhanced, or restored.

3. New constructions, conversions, and renovations must adhere to traditional building styles, particularly concerning the arrangement and cladding of facades, window divisions, and the design of the surroundings.

4. Demolitions, insofar as they are permissible under the Regional Planning Act (RPG), will only be approved if there is no historical value and if the resulting gap does not disrupt the building group or hamlet, or if the execution of an approved new construction is ensured.

1. Natural objects to be designated are groups of trees, hedges, prominent individual trees, ponds, waterfalls, glacial erratics, individual geotopes, and the like, which are of ecological or natural historical significance.

2. Cultural objects to be designated include cultural monuments and other historically or artistically valuable individual structures, building groups and components, as well as installations such as paths, dry stone walls, and the like.

3. The protected natural and cultural objects are to be preserved in their character and their worthy substance on a long-term basis. The property owners are obligated to care for and maintain them in accordance with the purpose of protection.

4. The protectability of natural and cultural objects is to be reviewed by the competent authority if the circumstances have significantly changed. The owners can independently request a review.

5. Structures and installations are to be designed in such a way that they do not impair protected natural and cultural objects and do not contradict the objective of protection in their visual impact.

1. If the preservation of a protected object is endangered due to neglect of maintenance obligations, the competent authority may, after prior warning, have the structure repaired at the expense of the owner to the extent that its preservation is secured.

2. If protected objects are destroyed or impaired, the restoration of the original condition can be ordered by analogous application of paragraph 1. The competent authority is the one that enacted the protection status.

3. Property owners threatened with substitute performance under the terms of this article may demand that the governing community assume ownership of the protected object.

1. Cantonal Protection Zone Plans and Protection Ordinances are issued by the Department of Construction and Economic Affairs and must be approved by the Government Council. The procedure for enactment and amendment follows Art. 14.

2. Municipal Protection Ordinances are issued by the Municipal Council and must be approved by the Department of Construction and Economic Affairs. The procedure for enactment follows Arts. 45-49, while that for amendment follows Arts. 51 and 52.

3. The Protection Zone Plans and Ordinances become legally effective upon their publication. Protected cultural objects must be recorded in the land register.

4. The Municipal Council or the Department of Construction and Economic Affairs is responsible for issuing individual decisions and concluding agreements pursuant to Art. 80.

1. The Executive Council regulates by ordinance

a) the content and form of the protective instruments listed in Art. 80;

b) the determination procedure according to Art. 14 para. 5 of the Ordinance on Nature and Cultural Heritage Protection;

c) the responsibilities in the area of nature and cultural heritage protection;

d) the specialist agencies pursuant to Art. 26 para. 1 NHV;

e) the procedure for the installation of solar systems according to Art. 18a RPG.

1. The canton bears the costs of the cantonal directive, usage, and protection zone planning.

2. The municipalities bear the costs of the communal directive, usage, and protection zone planning as well as the development overview and the development program.

3. The costs of special use plans and partial zoning plans are borne by those property owners who gain advantages from them. The municipalities may participate in these costs.

4. The costs allocated to the municipalities under this provision are considered mandatory expenditures.

5. The Government Council coordinates the subsidy system in the areas of monument preservation, forestry, heritage protection, agriculture, nature conservation, spatial planning, and environment. For this purpose, it may issue guidelines as well as for the interaction of subsidy allocation with the building permit process.

1. The canton may support the development of commercial, industrial, and residential building sites of cantonal interest. For this purpose, it may in particular co-finance services from third parties for site development processes or grant project contributions.

1. To promote the renovation of older buildings, the canton and municipalities may support the analysis of the building's structural condition and the development of renovation concepts with contributions. The funded projects must primarily serve residential purposes.

2. The support contribution from the canton amounts to a maximum of one-third of the incurred costs, but not exceeding 3,000 Swiss francs.

1. The canton and municipalities provide contributions under the cantonal ordinance for the following monument preservation, nature, and homeland protection measures

a) Maintenance, restoration, and acquisition of cultural objects, as well as measures for the preservation of protected village and landscape images;

b) Maintenance, restoration, and acquisition of land in nature conservation zones, as well as natural objects and other areas with significant nature conservation interest;

c) Measures in the interest of ecological balance;

d) Preservation of endangered animal and plant species.

2. Contributions can also support measures for the protection of the surroundings of objects and areas according to Paragraph 1 letters a and b. Additionally, proven agricultural and forestry revenue losses due to measures in the interest of nature conservation will be compensated.

3. Contributions from municipalities for maintenance and restoration according to Paragraph 1 letters a and b are considered as mandatory expenditures.

4. Contributions for nature and homeland protection measures can generally only be cumulated with other contributions for the same area and purpose to the extent that the agreed contribution amount is covered. Contributions within the scope of the ordinance on direct payments to agriculture[21] will be disbursed with the following payment priority, provided the conditions are met

1. Base contributions according to the Direct Payment Ordinance (basic contribution);

2. Additional contribution according to the ordinance on the regional promotion of the quality and networking of ecological compensation areas in agriculture[22];

3. Bonus contribution for additional services or difficulties according to the cantonal contribution ordinance (contribution for management difficulties).

5. When there is simultaneous eligibility for contribution benefits under forestry legislation, the entitlement priority lies with those contributions.

1. Constructions, facilities, and measures with planning or building regulatory implications require a building permit. This particularly applies to

a) the construction, significant alteration (including substantial change of use), and demolition of buildings, parts of buildings, and other structures and facilities;

b) substantial changes to terrain.

2. Unless pertaining to work on a protected object or within a townscape protection zone, do not require a building permit within the meaning of this law

a) Building projects that, according to federal legislation, do not fall under cantonal building authority;

b) Building projects comprehensively regulated by other laws, provided that in those proceedings it is ensured that the provisions of this law and the cantonal and municipal implementing decrees are observed;

c) Maintenance work;

d) Minor construction projects;

e) Constructions and facilities erected for a short duration.

1. The continued existence, maintenance, and timely renovation of existing buildings that do not conform to the zoning regulations or building codes are ensured.

2. A change in purpose or a reasonable expansion may be allowed for buildings as per paragraph 1 if

a) the buildings were originally lawfully constructed;

b) the inconsistency with current law is not significantly increased;

c) no substantial public interests are violated.

3. The reconstruction of buildings as per paragraph 1, which were destroyed by natural disasters, fire, or explosions, is permissible within five years of the destructive event if it does not violate substantial public or neighboring interests. Under the same conditions, voluntary demolition and reconstruction are permissible.

4. Measures pursuant to this provision require a building permit in all cases.

1. Buildings and structures may only be constructed on development-ready parcels of land.

2. Development readiness requires that the location, shape, and condition of the parcel of land are suitable for lawful construction, that the necessary land-use plans are in place, that any required land reallocation or boundary settlement is not hindered or rendered impossible, and that the parcel of land is developed.

3. A parcel of land is considered developed within the meaning of this provision if the following development facilities exist or are established concurrently with new construction

a) an access road legally secured and adequate for the intended use, which also complies with the provisions of the State Roads Act, including parking spaces for motor vehicles if necessary;

b) a walkable, direct access;

c) the necessary water, energy, and wastewater pipelines (either existing or close enough to connect without significant effort).

4. Outside the construction zone, the requirement of development readiness, particularly regarding access, is determined specifically by the intended use and concerning the obligation to connect to supply and disposal networks, according to special legislation.

**1. Larger and predominantly undeveloped parcels of land may only be built upon if a legally binding building line or development plan is in place.**

**2. For structures and facilities that have significant impacts on the usage and development regulations, the environment, or the local and landscape character, or pose extraordinary dangers to users and neighbors, a special use plan is required as part of the construction readiness.**

**3. ...**

1. All construction projects requiring a permit according to Article 93 shall require a building permit from the municipal building authority.

2. Additionally, a spatial planning permit from the Office for Spatial Planning and Forests is required for

a) Construction projects outside the building zone;

b) Construction projects in cantonal protection zones and on protected objects in accordance with Articles 79 et seq.

3. For construction projects that fall under paragraph 2, the Office for Spatial Planning and Forests shall review the fundamental spatial planning admissibility and compliance with cantonal protection regulations. The municipality shall in any case control compliance with municipal building police regulations.

4. Competencies for further, specific permits are determined according to specialized legislation, particularly those concerning water protection, environmental protection, fishing, energy, fire protection, road construction police, civil protection, water construction police, forest police, or trade police.

5. The governing council shall enact final regulations concerning the permit requirement and the procedure.

1. The Scope of the Duty for Material Coordination of Legal Acts (orders, co-reports, objection decisions, etc.), which are required in connection with the erection or modification of structures and facilities, is determined according to Article 25a of the Spatial Planning Act (RPG).

2. Legal acts that are not subject to the coordination duty according to paragraph 1 are those that

a) are related to a construction project but do not have a direct and externally binding influence on the design of the planned development, such as subsidy decisions, or

b) can only be issued for factual reasons after the erection or modification of the respective structure or facility.

1. Coordination serves the purpose of aligning the decisions both in content and timing, and to ensure the swift completion of the proceedings.

2. If a project, as referred to in Art. 98, requires the involvement of multiple authorities, these authorities are obligated to provide timely information and coordination to each other. Federal approval agencies must be included in the procedure.

1. In the following cases, the Construction Coordination Service serves as the coordination body

a) if a construction project affects the territory of multiple municipalities;

b) if the focus of the construction application and objection handling lies with cantonal authorities.

2. The municipal building authority serves as the coordination body in the following cases

a) if only municipal permits are to be issued;

b) if the focus of the construction application and objection handling lies with the municipality.

3. The government council makes a final decision on jurisdictional conflicts arising from this provision.

1. To clarify important, specific questions related to a construction project, the party interested in building may submit a construction investigation request with the consent of the landowner. All documents necessary for clarifying the posed questions must be attached to the request.

2. The decision regarding the construction investigation request is generally not subject to appeal. If the fundamental planning legality of a project is under discussion, the competent authority may provide the opportunity to appeal the preliminary decision.

3. If the construction application is submitted within one year of the decision, the approval authority is bound by it, provided that the legal and factual circumstances have remained unchanged.

4. The bindng nature of the construction investigation decision in favor of the applicant is lost as soon as an authorized third party challenges a construction permit corresponding to the construction investigation decision.

1. The construction permit process is initiated by the submission of the building application to the municipal building authority. At the same time, the location and extent of the construction project must be marked.

2. The municipal building authority conducts the formal examination of the building application. If the documents or the markings are not adjusted even after the deadline is set, the authority will refuse to consider the application.

3. If cantonal permits are required for the execution of the project or if additional municipalities are affected by the project, the municipal building authority forwards the necessary number of application copies to the construction coordination service.

4. Building applications that clearly violate mandatory public legal regulations may be rejected prematurely by the municipal building authority, with the consent of the coordinating body, without publication and presentation.

1. The construction application must be publicly displayed in the municipality and announced through public notice for 20 days following its formal review. Adjacent landowners, as well as property owners whose properties are within 30 meters of the planned building or facility, must be notified in writing.

2. Public-law and private-law objections must be submitted in writing with specific and substantiated requests to the municipal building authority during the public display period. The authority examines whether the objections meet the formal requirements.

3. The municipal building authority promptly forwards the objections received to the project developer and the construction coordination service, provided that the latter is the coordinating body as per Art. 100.

4. The right to object is determined by Art. 111.

5. Objections should, if possible, be resolved through mutual understanding. Authorities responsible for making decisions on the construction application will rule on unresolved objections that fall within their jurisdiction due to points of objection.

6. No fees are charged in the objection procedure.

1. Buildings and structures, as well as project modifications, may be processed in a simplified approval procedure, provided that no significant public or neighborly interests are affected.

2. In the simplified procedure, the requirement for public disclosure and the erection of markers is omitted. Written notification must be given to adjoining parties and landowners whose properties are not more than 30 m from the planned building or structure. Objections may be raised within 20 days.

3. If a building application or a project modification under the simplified procedure contains the signatures of all persons to be notified as per paragraph 2, the notification obligation and the objection procedure are waived.

4. Minor construction projects, which have no impact on third parties, may be approved through a notification procedure. The government council regulates the details by ordinance.

1. The municipal building authority simultaneously issues the legal acts arising from the first-instance approval procedure, along with the unified appeal information, to the applicant as well as to any objectors.

2. The municipalities may generally delegate the issuance of the legal acts within the application scope of Art. 100 para. 1 to the building coordination service. The details are regulated by the governmental ordinance.

1. Approval decisions may be subject to stipulations and conditions.

2. Specifically permissible are

a) stipulations and conditions that can rectify minor breaches of substantive building regulations, provided that they do not impair the rights of any parties eligible to file objections;

b) a value increment clause, when a value-enhancing investment approved as an exception is not subject to compensation in the event of expropriation;

c) a removal clause, when an exceptional approval is granted only for a certain period or subject to possible revocation at any time, requiring the structure to be removed without compensation;

d) a prohibition on repurposing, when an approval can only be granted for a specific purpose;

e) a prohibition on subdivision, when an approval can only be granted under the condition of operational unity;

f) * a special use plan clause, when an approval can only be granted on the condition that the owner participates in a future special use plan;

g) a security deposit obligation or proof of financing for obligations associated with the approval.

3. The approval authority may have stipulations and conditions noted in the land register.

1. The building permit applies to the applicants and the ownership of the affected property; it applies to their legal successors only if the issuance was not dependent on proof of personal qualifications.

2. The building permit expires if construction work does not commence within two years from the date the decision becomes final, taking into account the duration of any possible civil proceedings, or if construction work is halted for more than one year.

3. The building permit may be extended by a maximum of one year for important reasons.

4. For temporary structures, the validity of building permits may be limited.

1. If constructions or facilities are erected without a building permit, in deviation from a building permit, or otherwise unlawfully, the municipal building authority orders the suspension of construction and sets a reasonable deadline for the submission of a subsequent building application.

2. If no building application is submitted within the set deadline, the municipal building authority orders the removal or alteration, as well as the restoration of the original, lawful condition, and sets a reasonable deadline for this.

2bis. If the constructed buildings or facilities cannot be approved retroactively, the competent building permit authority orders the removal or alteration, as well as the restoration of the original, lawful condition, and sets a reasonable deadline for this. If several building permit authorities are competent, coordination is carried out by the coordination body responsible according to Art. 100.

3. The issuing authority shall observe the principles of proportionality and the protection of good faith.

4. If a restoration order is not complied with, the issuing authority may order substitute performance at the expense of the responsible party. For the resulting costs, there is a statutory lien that takes precedence over all registered encumbrances, without entry in the land register. Liens exceeding the amount of CHF 1,000 are subject to the protection of bona fide third parties pursuant to Art. 836 para. 2 of the Swiss Civil Code.

5. This provision shall apply mutatis mutandis to building ruins that endanger public safety or disturb the local and landscape appearance.

6. The government council regulates the details by regulation.

1. The government council shall establish deadlines for the handling of applications and legal remedies by cantonal and municipal authorities by way of an ordinance.

2. Authorities that are unable to comply with these deadlines must inform the coordination body in writing, on behalf of the applicant, before the deadline expires, specifying the reasons and indicating a new deadline for the completion of the process.

1. Appeals against orders and decisions issued in application of this law and the implementing decrees may be lodged within 20 days as follows

a) against orders of the municipal building authorities to the municipal council, provided that no cantonal orders are to be issued simultaneously with the municipal decision;

b) * against orders of the municipal building authorities to the Department of Construction and Economic Affairs, provided that at least one cantonal order is to be issued simultaneously with the municipal decision;

c) * against decisions of municipal councils to the Department of Construction and Economic Affairs;

d) * against orders from offices and departments of the Department of Construction and Economic Affairs to the Department of Construction and Economic Affairs;

e) * against orders from cantonal offices not subordinate to the Department of Construction and Economic Affairs to the Department of Construction and Economic Affairs, provided the challenged orders are subject to coordination according to Art. 98.

2. Appeals against directives in structure plans may only be filed within the framework of usage planning.

3. The rules regarding the suspension of deadlines do not apply within the scope of this law. The right of appeal must indicate this provision.

1. The right to file objections and appeals under this law and the implementing decrees is granted to those who are affected by the contested subject and have a legitimate interest worthy of protection in its annulment or amendment.

1bis. Municipalities also have the right to objection and appeal to safeguard their own public interests.

2. In addition to objections and appeals against protection zone plans and protection ordinances under Art. 79 et seq. and usage plans under Art. 14 or 18, ideal associations within the canton are also legitimized. These associations must, according to their statutes, deal with the tasks of nature and heritage protection and must have been founded at least five years prior to the submission of the legal remedy.

3. Any person is authorized to submit inputs with the mere significance of critical observations or improvement suggestions.

4. The appeals authority reviews the contested orders or decisions for their legality, appropriateness, and spatial planning expediency.

1. Buildings and structures must be integrated into their architectural and landscape surroundings in such a manner that a harmonious overall effect is achieved. They must not significantly impair the appearance of the locality, neighborhood, or landscape.

2. Outside of construction zones, new buildings, as well as alterations and renovations to traditional buildings of conventional design, must at least conform in terms of building and roof shape, as well as material and color choice, and the surroundings should be left as unchanged as possible. Subordinate components, such as seating areas and the like, are permissible as long as they maintain the traditional appearance of the building.

3. Buildings and structures outside of construction zones, which by their purpose require specific forms, materials, or dimensions, must blend into the landscape as well as possible, particularly through careful site selection, color choice, and planting.

4. Outside of construction zones, the application of these protective regulations is exclusively the responsibility of the Office for Planning and Forestry. Municipalities may submit applications in this context. For areas within construction zones, municipalities are permitted to establish more stringent regulations.

1. Buildings and structures must maintain a distance of 20 meters from forest edges and forest plots.

2. Where the interests of the forest allow, the Office for Spatial Planning and Forestry may approve a reduced distance for uninhabitable buildings and structures, as well as for roads, paths, and underground facilities. Under the same conditions, the forest distance for habitable buildings may be reduced to 12 meters.

3. The guarantee of inventory is correspondingly ensured in accordance with the scope of Art. 94 and Art. 118.

4. Municipalities may reduce the forest distance to 12 meters in land-use plans with the consent of the Office for Spatial Planning and Forestry if local conditions permit and neither the interests of the forest nor other public interests are opposed.

5. The forest distance area should generally not be included in the usable construction zone.

1. If no watercourse area is designated, a bilateral watercourse distance of five meters applies to buildings and structures. The distance is measured from the shoreline of the watercourse.

2. The reduction of the distance is permissible if

a) * flood safety is guaranteed;

b) * access and unobstructed access to the watercourse for maintenance is ensured or not required;

c) * no ecological interests are opposed.

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1. The Government Council shall regulate, by way of ordinance, the boundary distances of underground constructions in general; in particular, the ordinance shall also regulate the boundary distances of

a) Excavations for the extraction of soil components;

b) Deposits and accumulations;

c) Waste and manure pits.

1. Hazard areas are defined as all locations where people or significant property values are threatened by floods, avalanches, landslides, erosion, or rockfall.

2. For construction projects in hazard areas, prospective builders must demonstrate that the necessary measures for the protection of persons and property values have been taken (object protection evidence).

3. Based on the degree of hazard, the following building restrictions apply in hazard areas

a) Areas with significant hazard (hazard level red): The erection or expansion of buildings and facilities is prohibited. Conversions and changes of use are permissible if they reduce potential damage. Site-specific buildings and facilities can be approved if the necessary measures for the protection of persons and property values have been implemented.

b) Areas with moderate hazard (hazard level blue): Construction projects can only be approved if the necessary measures for the protection of persons and property values have been implemented.

c) Areas with minor hazard (hazard level yellow): Construction projects for larger gatherings of people or high property values can only be approved if the necessary measures for the protection of persons and property values have been implemented.

4. The actual circumstances are decisive. In the building permit procedure, it can be demonstrated that a hazard level indicated in the zoning plan or hazard map is incorrect.

1. The Department of Construction and Economic Affairs issues hazard maps that indicate the type of hazard, the spatial extent, and the degree of risk (hazard level) for hazard areas within the settlement zone.

2. The canton and municipalities consider the hazard maps in their structural and land-use planning, as well as in their other spatially effective activities.

1. Buildings and facilities shall be designed, operated, and maintained in such a manner that neither persons nor property are endangered.

2. Buildings and facilities intended for living or working must continuously meet health requirements.

1. Buildings and facilities with public access and audience traffic must be designed in such a way that their use is also possible for persons with disabilities.

2. In the case of renovations and changes in use, it is permissible to forego construction suitable for the disabled if the expense and additional costs would be disproportionate or if conservation-related reasons speak against it.

3. New constructions of multi-family houses with four or more apartments must be built according to the principles of adaptable housing. The access to the apartments and ancillary rooms as well as outdoor facilities must be wheelchair accessible. Exceptions may be granted in difficult topographical conditions.

4. For buildings that contain at least six workspaces suitable for people with disabilities, paragraph 3 applies accordingly.

5. Where traffic conditions require it, sufficient parking spaces for wheelchair users must be provided near the entrances of parking areas at public buildings and buildings with significant audience traffic, and must be clearly marked.

1. Deviations from the regulations of this law, building codes, or zoning plans may be approved if

a) the specific form or position of a structure determined by its purpose necessitates it, and public interests are not thereby violated;

b) under the given circumstances, adherence to existing regulations would unreasonably disadvantage the builder, and public interests do not oppose the exceptional approval;

c) a development significantly better suited to public interests, particularly the requirements of traffic, hygiene, fire safety, architectural, and urban planning design can be achieved.

2. In all cases, the exception may only be approved if no neighbor is significantly affected in their position as determined by the existing building code.

3. The private rights of the neighbors remain reserved, even with any exceptional approval.

1. The Permissibility of Building Permit-Required, Zone-Inappropriate Construction Projects and Measures Outside of Building Zones is Determined According to the Provisions of the RPG.

1. Intentional and negligent violations of the provisions of this law, the building regulations of municipalities, as well as other implementing orders, shall be punished with a fine ranging from CHF 500 to CHF 50,000. Particularly punishable are also the execution of constructions without a permit, the deviation from approved plans, as well as the disregard of conditions and requirements.

2. The payment of the fine does not exempt one from the authority-ordered removal of unlawfully created structures or parts of structures, or the restoration of the original state.

3. Jurisdiction and procedure are governed by the Swiss Criminal Procedure Code.

1. If a municipality fails to fulfill its obligation to reassign a plot of land from a building zone to a non-building zone (rezoning) based on the stipulations of the cantonal structural plan within a reasonable time despite a request, the governing council may carry out the procedure for the enactment or amendment of the zoning plan in place of and at the expense of the municipality.

2. It decides on any objections together with the decision on the plan amendment.

1. Upon the enactment of this law, any contradictory provisions in municipal ordinances are repealed; the corresponding provisions of this law shall apply in their place.

2. Guiding, protection, and usage plans approved before the enactment of this law remain in effect until they are adapted.

3. Pre-existing hamlet zones are considered hamlet zones in accordance with Article 33a.

4. Pre-existing district and design plans are considered development plans in accordance with Article 39.

5. Pre-existing water space maps remain in effect until the legally binding enactment of water space lines. Municipalities shall consider them in their guiding and usage planning.

1. The new provisions shall apply to ongoing proceedings.

1. The Act of April 28, 1985, on the Introduction of the Federal Act on Spatial Planning (Implementation Act for the RPG) is repealed.

2. The Ordinance of February 25, 1986, on Building Permit Requirements and Procedures, as well as on Construction Outside Building Zones (Building Ordinance), is repealed.

3. Articles 99 to 106 of the Act of April 27, 1969, on the Introduction of the Swiss Civil Code are repealed.

1. The Law is subject to the mandatory referendum.

2. The governing council determines the entry into force.