Legislator · Canton of Appenzell Ausserrhoden — Cantonal Legislation
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721.11 BAUVBAUR CH-AR

Building Ordinance (BauV) - Utilization Ratio (BAUV)

70 Articles / Provisions · Canton of Appenzell Ausserrhoden — Cantonal Legislation
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Table of Provisions (70)

Art. 1 Building Regulation Art. 2 Construction Regulation Art. 3 BauC - Method of Construction Art. 4 Building Regulation Art. 5 Construction Ordinance Art. 6 BauV - Initial Height Art. 7 BauV Art. 8 BauV Art. 9 Construction Ordinance Art. 10 BauV - Building Length Art. 11 BauV Art. 12 BauO - Projections Art. 13 Construction Regulation Art. 14 Construction Ordinance Art. 15 BauV Art. 16 Construction Ordinance (BauV) - Subsidiary Regulation Art. 17 BauV Art. 18 BauV Art. 19 BauV - Deposits and Accumulations Art. 19a BauV - Existing Gross Floor Area Art. 20 Construction Regulation Act Art. 21 Construction Ordinance Art. 22 Construction Regulation (BauV) - Measures for Securing Land Reallocation Art. 23 BauV - Modalities of Reallocation Art. 24 BauV Art. 25 BauV Art. 26 Building Regulation Art. 27 BauV - Preparation and Submission of the Reallocation Plan Art. 28 BauV - Approval and Registration in the Land Register Art. 29 Construction Ordinance Art. 30 BauV Art. 31 BauV - Cantonal Protection Zone Plan Art. 32 BauV - Municipal Protective Zone Planning Art. 33 Construction Ordinance Art. 34 Construction Ordinance Art. 35 Construction Regulation Art. 36 BauV Art. 37 BauV - Competences Art. 38 Construction Regulation Act Art. 39 BauO - Non-Permit-Required Projects Art. 40 Construction Ordinance Art. 40a BauV - Solar Installations Art. 41 BauV - Project Modifications Art. 42 Construction Ordinance (BauV) Art. 43 BauV - Types of Procedures Art. 44 Construction Ordinance (BauV) Art. 45 BauV Art. 45a BauV Art. 46 BauV - Principle of Application Submission Art. 47 BauR - Components of the Building Application Art. 48 BauV - Visa Art. 49 BauV - Formal Requirements for the Admission of Building Applications Art. 49a BauV - Electronic Edition Art. 50 Construction Ordinance Art. 51 BauV - Critical Remarks Art. 52 Building Code Art. 53 BauV - Commencement of Construction and Partial Legal Force Art. 54 Construction Code Art. 55 Construction Ordinance Art. 56 BauV Art. 57 BauV Art. 58 Construction Code Art. 59 Construction Ordinance Art. 60 BauV Art. 60a BauV Art. 61 CCA Art. 62 Building Regulations Act - First Instance Approval Procedure Art. 63 Construction Ordinance Art. 64 BauV - Repeal of Previous Law Art. 65 Building Ordinance

Statutory Text (70 Provisions)

1. Chapter: Substantive Building Regulation Law - 1. Section: Definition of Terms

1. The Utilization Ratio (UR) is the ratio between the creditable gross floor area (GFA) of the buildings and the creditable land area (LA).

2. The creditable gross floor area includes all floor areas usable for residential or commercial purposes, including corridors, staircases, elevator shafts, as well as wall and wall cross-sections (excluding the structural thickness of the outer wall). In sloped rooms, floor areas with a clear room height of less than 1.50 meters are not credited.

3. Not included in the gross floor area are rooms that are not or only partially used for residential or commercial purposes or permanent occupancy, such as basement rooms, attic rooms, non-commercial storage rooms, glazed and not externally heated verandas, extensions, balconies (except access balconies serving to access creditable rooms), terraces, and conservatories, furthermore underground commercial spaces without workstations, particularly storage rooms.

4. The creditable land area is the parcel area covered by the building application, as long as it is exploitable and has not been previously used structurally, minus forests, waters, roads, and squares (except roads and squares that serve the internal development of the building plot). If, since the enactment of the building law, land has demonstrably been ceded for the construction or correction of public roads, sidewalks, and squares, it can be counted as creditable land area.

5. If the building regulations of the municipality provide for it, the transfer of utilization from an adjacent property within the same use zone is possible. The utilization transfer requires the following

a) The two properties in question are separated at most by a neighborhood road or a small watercourse;

b) the zoning purpose is not undermined;

c) there are no other public interests opposed;

d) the affected property owners have formally waived their respective utilization on their property in writing;

e) the responsible municipal authority records the obligation according to point d as a public-law property restriction and notes it in the land register.

1. Chapter: Substantive Building Regulation Law - 1. Section: Definition of Terms

1. The Floor Space Index (FSI) is the ratio between the above-ground building volume (BV) and the creditable land area (LA).

2. The above-ground building volume is considered to be the entire construction volume above the natural terrain as well as the building volume that appears additionally due to excavations of the natural soil. In the case of terrain modifications that are absolutely necessary due to the construction of road development facilities, the projected or constructed new terrain profile can be considered as natural ground.

3. Extensions according to Art. 11 para. 1 are also to be considered as building volume. However, auxiliary structures according to Art. 11 para. 2, non-heatable conservatories, loggias and verandas, all building parts open on at least three sides such as canopies and balconies, as well as the structural thickness of the outer wall and the roof are not to be added.

4. The creditable land area is determined according to Art. 1 para. 4.

5. Utilization transfers are possible under the conditions of Art. 1 para. 5.

1. Chapter: Substantive Building Regulation Law - 1. Section: Definition of Terms

1. Open construction refers to the separate construction of buildings along streets and building lines. Lateral joining is permitted only in compliance with the maximum building length.

2. In closed construction, buildings are typically to be aligned with the building line and joined laterally. Municipalities determine the permissible building lengths.

Chapter 1: Substantive Building Regulations - Section 1: Definitions of Terms

1. Each story that is neither considered as a basement nor as an attic is counted as a full story.

2. A basement is defined as a floor with its finished ceiling surface no more than 1.30 meters above the benchmark level.

3. An attic is defined as a floor within the roof space, having a knee wall of no more than 0.90 meters, and with roof surfaces that are interrupted by dormer structures to no more than half of the facade's length.

4. The knee wall is measured from the top of the finished floor to the underside of the finished roof structure. An attic story also includes a penthouse that is set back from the facade-to-roof intersection, including roof overhang and eaves, at an angle of 45° above the topmost full story. On the two opposing short sides of the building, the penthouse may be built flush with the facade.

5. Paragraph 4 applies analogously to shed roofs.

6. The building regulations of the municipality determine to what extent stories are considered as visible on the valley side.

1. Chapter: Substantive Building Regulation Law - 1. Section: Definition of Terms

1. The level point is considered to be the center of gravity of the smallest rectangle encompassing the building footprint, excluding annexes, projected onto the natural terrain.

2. For adjoining houses with varying heights, the level point is determined for each individual building section.

3. In cases of special terrain and building shapes, the building permit authority shall determine the relevant level point height in accordance with a proper interpretation of paragraphs 1 and 2, appropriate to the situation.

1. Chapter: Substantive Building Regulation Law - 1. Section: Definition of Terms

1. The "first height" refers to the vertical distance between the benchmark and the highest point of the sloped roof or the attic floor, excluding technical structures.

1. Chapter: Substantive Building Regulation Law - 1. Section: Definition of Terms

1. Building Height

"Building height" refers to the vertical distance between the reference level and the highest point of the intersecting lines between the eave facades and the roof surface of pitched roofs, or the top edge of fixed facade parapets in the case of flat roofs.

1. Chapter: Substantive Building Regulation Law - 1. Section: Definition of Terms

1. The boundary distance is the shortest horizontally measured distance between the enclosing wall of the building and the boundary of the neighboring property.

2. The large boundary distance must be maintained on the main residential side; the small boundary distance applies to the remaining sides of the building.

3. In the case of constructions that are offset or angled toward the boundary, the large boundary distance can be compensated in terms of area with the consent of the building permit authority. The compensation must be made on the property area lying perpendicular to the relevant building side. The small boundary distance must always be observed. Paragraph 5 applies correspondingly.

4. The building distance corresponds to the sum of the prescribed boundary distances. For constructions on the same property, the building distance should be measured as if a boundary existed between them. If there is a building on the neighboring property with a lesser than the applicable boundary distance and no significant public or private interests are opposed, compliance with the boundary distance suffices instead of the building distance.

5. By adherence to the building distance, the boundary distances may be distributed unequally with the mutual written consent of the neighbors and with the approval of the building permit authority. Any potential approval will be decided with the building permit; the underlying agreement must be noted in the land register as a public-law property restriction.

1. Chapter: Substantive Building Regulation Law - 1. Section: Definition of Terms

1. The minimum boundary distance must be increased by the additional length surcharge along the entire building length if the building, exclusive of extensions, is longer than 18 meters, has more than one full story, or has a building height of more than 5 meters, unless otherwise specified in the zoning regulations.

2. For structures that are offset or angled towards the boundary, the additional length surcharge can be compensated for in terms of area, with the consent of the building permit authority. The compensation must occur on the land area that is directly perpendicular to the relevant building side.

1. Chapter: Substantive Building Regulations Law - 1. Section: Definitions of Terms

1. Building Length refers to the longest facade dimension of a structure including attached additions.

2. In the case of recessed and articulated facades, the relevant building length is measured according to the vertical projection of the outermost building edges onto a line that corresponds to the extension of the longest straight section of that facade.

3. For special building shapes, the building permit authority determines the method of measurement in accordance with the interpretation of paragraphs 1 and 2.

Chapter 1: Substantive Building Regulations - Section 1: Definitions of Terms

1. Extensions are considered to be single-story structures, both habitable and uninhabitable, attached to a main building.

2. Auxiliary structures are considered to be single-story, freestanding, and uninhabitable buildings.

3. Structures are only considered as extensions and auxiliary structures if they have a maximum floor area of 50 m² and a building height of no more than 3.0 m, or a ridge height of 5 m. This also applies to extensions and auxiliary structures that are built together.

1. Chapter: Substantive Building Regulation Law - 1. Section: Definition of Terms

1. Projections are considered to be individual structural elements that extend beyond the building line, including, in particular

a) Roof overhangs;

b) Canopies;

c) Open balconies;

d) Porches;

e) Cantilevered bay windows located at least 2.50 meters above the ground;

f) Front steps.

2. The municipalities determine whether projections may be supported from the ground and how far they may extend into the required boundary and street setback or project beyond the building line. They also establish their maximum width in relation to the corresponding façade length. Reserved are the provisions of the law concerning state roads.

3. Protruding structural elements that do not meet the requirements of paragraphs 1 and 2 must comply with the setback regulations applicable to main buildings.

1. Chapter: Substantive Building Regulation Law - 1. Section: Definition of Terms

1. Subterranean Structures

Subterranean structures are considered to be those constructions or parts thereof, which are uninhabited and not intended for the regular occupancy by persons, and are located both beneath the natural terrain as well as at least on three sides beneath the designed terrain.

1. Chapter: Substantive Building Regulations Law - 1. Section: Definitions of Terms

1. The natural terrain corresponds to the natural course of the ground. Alterations to the natural course of the ground are only irrelevant for determining the natural terrain if they occurred more than 20 years ago.

2. If the terrain has been altered within the last 20 years and an accurate determination of the natural terrain is no longer possible or only possible with disproportionate effort due to artificial terrain alterations (constructions and installations), even after reviewing the previous building permit files, the course of the terrain relevant for the building project is determined by the building permit authority, taking into account the interests of neighbors.

3. In the case of terrain alterations that are absolutely necessary for the construction of road access installations, the newly projected or constructed course of the terrain may be considered as the natural ground.

1. Chapter: Substantive Building Regulations Law - 1. Section: Definitions of Terms

1. Temporary structures are considered to include constructions such as emergency shelters, construction barracks, festival huts, exhibition buildings, habitable wagons, and similar structures.

2. The building permitting authority issues the necessary conditions on a case-by-case basis and sets a deadline by which the structure must be removed.

Chapter 1: Substantive Building Regulations - Section 1: Definitions of Terms

1. If neither the building regulations nor special utilization plans govern the external appearance of buildings and facilities, the following provisions apply

a) Minimum boundary distance on all sides: 4 m;

b) Minimum distance between buildings: 8 m;

c) Maximum building height: 9 m;

d) Maximum ridge height: 13 m;

e) Maximum building length: 25 m;

f) Utilization coefficient: 0.5;

g) Additional length allowance is ¼ of the excess length exceeding a building length of 18 m, excluding annexes, but no more than 5 m.

1. Chapter: Substantive Building Regulations - 2. Section: Setback Distances for Underground Structures

1. Underground structures according to Article 13 must maintain a boundary distance of at least 0.50 m, but always maintain a distance necessary to prevent soil movement or damage to installations on the neighboring property.

2. Retaining walls that otherwise meet these requirements may be erected directly on the boundary up to a height of 1.20 m. If they exceed this height, the distance must be increased by the excess height. A minimum distance of 0.50 m is generally required from the road facilities of state, municipal, and development roads.

1. Chapter: Substantive Building Regulation Law - 2. Section: Boundary Distances for Underground Constructions

1. When establishing pits for the extraction of stones, sand, gravel, and other materials, the boundary distance shall be at least 3 meters.

1. Chapter: Substantive Building Regulation Law - 2. Section: Boundary Distances of Underground Structures

1. The same regulation that applies to underground structures also applies to deposits and accumulations of building materials, hay, litter, wood, and similar up to a height of 1.20 meters; if they exceed this height, the distance is increased by the additional height.

1. Chapter: Substantive Construction Order Law - 3. Section: Hamlet Zones

1. The calculation of the existing gross floor area is governed by federal legislation.

2. The relevant benchmark condition for assessing the potential for expansion is the existing gross floor area of the building at the time this provision comes into force.

Chapter 2: Land Reallocation and Boundary Adjustment

**1. The Land Readjustment Perimeter is to be submitted to the Office for Space and Forest for preliminary examination.**

Chapter 2: Land Reallocation and Boundary Adjustment

1. The assembly of the affected landowners shall elect an execution commission as the executive body, consisting of three to seven members. The execution commission shall make, among other things, all valuation decisions. Even individuals not directly involved in the land reallocation may be elected to the execution commission. The assembly and the commission shall adopt their resolutions by a majority of those voting.

2. If all parties agree with the planned reallocation, they may carry out a land reallocation by agreement.

3. If, following the introductory resolution, neither a reallocation by agreement nor the appointment of an executive body pursuant to paragraph 1 is achieved, the municipal council may order its implementation ex officio. In this case, it shall appoint one or more persons with the duties of the executive body. The involved landowners must be heard.

Chapter 2: Land Reallocation and Boundary Adjustment

1. The municipal council may impose a planning zone over the land readjustment area after initiating the land readjustment procedure.

2. Once the land readjustment perimeter is legally binding, no actual or legal changes may be made to the properties within the readjustment area without the consent of the execution commission, which could hinder the land readjustment.

Chapter 2: Land Reallocation and Boundary Adjustment

1. The contributed areas are reallocated (distribution area) after deducting the required areas for public needs (e.g., transport facilities, playgrounds, recreational facilities).

2. The parties involved in the land reallocation receive from the distribution area their claim, which approximately corresponds to the location and value of the contributed land (principle of real substitution).

3. The deduction of the required areas for public needs is made in proportion to the area contributed or the value contributed.

4. The criteria for reallocation are

a) a legally binding land use plan (zoning plan);

b) the legally valid data from the official survey;

c) the registration in the land register;

d) the value-determining factors such as building land, location, or investments.

Chapter 2: Land Reallocation and Boundary Adjustment

1. Any surplus or deficit in value not compensable through land must be resolved with monetary compensation.

2. Right-holders, who gain special advantages from land reallocation, may be required to pay an appropriate compensation for this benefit. If a special disadvantage arises to them, they shall be compensated accordingly.

3. Property owners whose share of the distribution area is insufficient to form a plot suitable for development according to the land-use plan have no claim to a reallocation of land. Instead, they receive full compensation in money.

Chapter 2: Land Reallocation and Boundary Adjustment

1. The decisive factor for the assessment of the plots involved in the land reallocation is the market value.

2. The relevant point in time for determining the market value is the publication of the reallocation plan.

Chapter 2: Land Reallocation and Boundary Adjustment

1. Easements, ground burdens, pre-notations, and annotations can be abolished, modified, or transferred to new properties. The provisions established by the Swiss Civil Code (ZGB) for land consolidation apply to the regulation of mortgage interests.

2. The settlement of rights and burdens is an integral part of the reallocation.

Chapter 2: Land Adjustment and Boundary Settlement

1. Once the reallocation perimeter is legally binding, the Implementation Commission, incorporating the landowners, prepares the reallocation plan in accordance with the aforementioned regulations. This plan includes the representation of the previous and the new ownership relationships.

2. Following the preliminary examination by the Office for Spatial Planning and Forestry, the municipal council publicly displays the reallocation plan, along with the adjusted rights and burdens and the valuation decisions of the Implementation Commission, for 30 days. The public display is announced in the official gazette. The affected landowners and directly affected persons with real rights are notified of the public display by registered mail. Objections to the reallocation plan can be filed with the Implementation Commission during the display period. The municipal council decides on objections that remain unresolved.

3. With the written consent of all involved landowners and other directly affected persons with real rights, the public display of the reallocation plan can be waived.

Chapter 2: Land Reallocation and Boundary Adjustment

1. The reallocation plan with the adjusted rights and obligations requires approval from the Department of Construction and Economic Affairs to be valid, which simultaneously decides on objections to the municipal council's decisions that are challenged through an appeal.

2. In granting approval, the Department of Construction and Economic Affairs examines, in particular, whether the land reallocation procedure was conducted correctly, whether the reallocation plan is based on a legally binding land use plan and is appropriately designed, and whether there is a complete adjustment of rights and obligations.

3. Upon application by the Execution Commission, the Department of Construction and Economic Affairs may issue a partial approval if the relevant properties are located in an area that is not affected by pending legal remedies.

4. The approved, legally binding reallocation plan serves as the legal basis for the registration of the new ownership status in the land register.

Chapter 2: Land Adjustment and Boundary Settlement

1. Upon final legal approval of the reallocation, the enforcement commission shall present the cost distribution to the affected parties for 30 days.

2. The cost distribution includes a schedule of the compensation payments intended for balancing the value (excess and deficiencies, benefit adjustments, and compensations), as well as the distribution of allocation costs.

3. The costs for the land reallocation are borne by the participating landowners according to the benefits received. In addition, the municipality must contribute to the reallocation costs if the reallocation serves a predominant public interest.

4. For the reallocation costs and compensation payments, a statutory mortgage exists in favor of the community of the participating landowners without being registered in the land register, which takes precedence over all other liens. This lien can be assigned to another creditor. Liens exceeding the amount of 1,000 Swiss Francs are subject to the protection of bona fide third parties according to Art. 836 para. 2 of the Swiss Civil Code (ZGB).

5. The affected parties may file an objection with the enforcement commission within the posting period. The enforcement commission shall resolve the received objections as far as possible through mutual understanding. Unresolved objections are decided by the Higher Court.

Chapter 2: Land Adjustment and Boundary Settlement

1. Land reallotments can also be initiated and carried out through private agreements.

2. The involved landowners shall notify the municipal council and the Department of Construction and Economic Affairs of the reallotment perimeter. These bodies shall inform them of the conditions to adhere to in the public interest.

3. The public law provisions concerning the creation of the reallotment plan, the designation of areas for public needs, the settlement of rights and encumbrances, as well as the zoning provisions of the construction law, must be observed. The public display of the reallotment plan is waived. Privately agreed land reallotments require approval from the Department of Construction and Economic Affairs. Article 28 applies accordingly.

4. The reallotment with the settled rights and encumbrances is recorded in the land register, provided that the parties entitled to real rights have signed the reallotment plan and it is publicly notarized.

5. If the land reallotment by agreement does not reach completion, the process shall be converted into a public-law procedure by resolution of the municipal council upon request by at least one of the involved parties. The procedure either begins anew or resumes at the last procedural step conducted by agreement.

Chapter 3: Protection of Nature, Landscapes, Cultural Objects, and Townscapes - Section 1: Protective Instruments

1. In the cantonal protection zone plan, the protective measures necessary for the preservation, promotion, and enhancement of the protected objects are specified. These are particularly landscape protection zones, nature protection zones, as well as natural and cultural objects located outside of building zones; in building zones, they are local heritage protection zones of national significance.

2. The protection zone plan geographically defines the protection zones and designates the individual nature and cultural objects worthy of protection. The scope and objectives of protection for the protection zones, as well as the nature and cultural objects, may be specified by special regulations.

Chapter 3: Protection of Nature, Landscapes, Cultural Objects, and Townscapes - Section 1: Protective Instruments

1. Through municipal protective zone planning (protective zone plan), restrictions on property rights such as construction prohibitions, demolition prohibitions, and building limitations, as well as regulations and obligations regarding usage, management, planting, access, and maintenance can be enacted.

Chapter 3: Protection of Nature, Landscapes, Cultural Objects, and Townscapes - Section 1: Protective Instruments

1. The content of the cantonal protection zone plan or the municipal zoning plan can be specified in a particular area or for a specific object of protection through protection ordinances.

2. The protection ordinance consists of a map and specific provisions.

Chapter 3: Protection of Natural, Landscape, Cultural Objects, and Sites - Section 1: Protection Instruments

1. Natural and cultural objects may also be protected through an individual order or by agreement with the landowners.

**Chapter 3: Protection of Nature, Landscape, Cultural Objects, and Townscape - Section 2: Biotope Protection: Determination Procedure**

1. The cantonal and municipal authorities prevent potential impairments of protected biotopes and violations of the species protection provisions of Art. 20 NHV.

2. Biotopes are protected according to their size and significance either within the scope of cantonal protection zone planning (nature conservation zones pursuant to Art. 83 of the Building Act) or within the scope of individual object protection pursuant to Art. 86 of the Building Act in conjunction with Art. 34 of this Ordinance.

Chapter 3: Protection of Natural, Landscape, Cultural Objects, and Townscape - Section 3: Specialized Agencies and Competences

1. The Department of Construction and Environment designates a specialist office for nature and landscape.

Chapter 3: Protection of Natural, Landscape, Cultural Objects, and Townscape - Section 3: Specialized Agencies and Competences

1. The competencies for issuing protection instruments in the fields of nature, landscape, cultural object, and townscape protection are determined according to Articles 80 and 88 of the Building Act.

2. The specialized agency pursuant to Article 36 is responsible for deciding on the allocation of contributions from the canton in accordance with Article 92, paragraph 1 of the Building Act. It also supports the building permit authorities and the instances referred to in paragraph 1 in technical matters.

Chapter 4: Formal Construction Law - Section 1: Building Permit Requirement

1. Subject to the permit requirement according to Art. 93 para. 1 Construction Law are notably

a) High-rise structures, including any kind of front, annex, and upper structures;

b) Civil engineering constructions such as roads, paths, squares of any kind, sports and recreational facilities, underground structures, swimming pools;

c) Interventions in the local or landscape aesthetic such as terrain modifications and environmental designs, campsites, supply and disposal facilities, outdoor advertisements;

d) Interventions in open or culverted watercourses and in the soil's water balance (drainages, dewatering);

e) Installations and fixtures that endanger the safety of people or property, such as facilities for heat generation, for the storage and processing of fire and explosion hazardous as well as environmentally hazardous substances;

f) Environmentally burdensome installations such as landfills, heating and tank facilities, wastewater-producing installations, ground probes and earth collectors, exploration and test drills, transmission facilities, lighting systems with significant impacts;

g) Environmentally burdensome production installations;

h) Environmentally relieving installations such as water protection and sewer systems, noise protection installations and the like;

i) Changes of use within construction zones that have an impact on the surrounding area or significantly expand the user base;

k) Changes of use outside construction zones;

l) Demolition of structures and installations;

m) New installations and expansions of airfields and helicopter landing sites.

2. Projects affecting only parts of an existing structure or installation are also subject to the permit requirement if they are significant in terms of building regulations or their impact on the environment. The permit requirement generally extends to provisional or non-permanently affixed structures and installations.

3. Groups of houses and hamlets are equated with the nationally significant local aesthetic protection zones in terms of the building permit requirement.

Chapter 4: Formal Construction Law - Section 1: Building Permit Requirement

1. Simple small structures or those only erected for a short duration, which due to their subordinate importance do not affect neighboring or public interests, are neither subject to notification nor require approval under building laws.

2. Specifically, this applies throughout the municipal area to

a) Renovations serving normal maintenance that do not bring any externally visible change compared to what exists, except at cultural objects and in zones of national heritage significance;

b) Repair and maintenance work;

c) Mobile tunnels and non-permanently installed greenhouses with a total area of up to 150 m² for vegetable and horticulture during the season;

d) Conventional open enclosures such as hedges, fences, and the like;

e) Walls and closed enclosures not exceeding a height of 1.20 m, outside the building zone only natural stone walls of small stones up to 1.20 m in height;

f) Except in protection zones and in the vicinity of cultural objects: single terrain alterations (embankment, excavation) up to a maximum difference of no more than 1.20 m from the natural terrain and an altered ground area of no more than 200 m² within building zones or 500 m² outside building zones;

g) The placement of individual mobile homes, caravans, and the like

1. On existing, lawfully created parking spaces during the non-operational period, provided there remain sufficient parking spaces for motor vehicles;

2. Outside approved camping sites and existing, lawfully created parking spaces for less than 20 days;

h) Except at cultural objects and in zones of national heritage significance

1. Satellite dishes up to 0.85 m diameter, provided they are color-coordinated with the background;

2. Small transmitting and receiving installations for radio services, specifically so-called micro and picocell installations with a power of less than 6 W (ERP);

3. Non-illuminated personal advertisements on private property up to an area of 1.50 m²; at cultural objects and in townscapes of national significance up to an area of 0.50 m²;

4. Flagpoles, traffic signals, street signs, street lighting installations, survey markers, individual posts and poles, measuring devices, switch boxes, hydrants, and the like;

i) Garden swimming pools, which remain erected for only a limited period of the year, are not permanently connected to the ground and do not require a permit for terrain alteration;

j) Smaller installations for garden and outdoor area design within the common local scope, such as garden paths, stairs, fountains, small ponds, sandboxes, garden fireplaces, paddling pools, children's play equipment, artistic sculptures.

3. Additionally, within building zones, the following do not require approval or notification, except at cultural objects and in zones of national heritage significance

a) At least on two sides open, uncovered garden seating areas and pergolas up to 25 m² ground area;

b) Structures and installations that do not remain at the same location for longer than six months (festival huts, circus tents, stands, etc.), noting Art. 15;

c) Individual small buildings (small animal stalls, bicycle shelters, tool sheds, huts for hobby gardening or animal husbandry, etc.) with a maximum total height of 2.50 m and a base area of up to 6 m²;

d) Roof windows (maximum one per roof surface with an externally measured surface area of up to 1.50 m²);

e) Replacement of windows, provided there are no externally visible changes associated with them.

f) ...

4. The construction of buildings and installations not requiring a building permit does not exempt from compliance with all other regulations, particularly those regarding design, boundary distances, and emissions. The exemption extends to the obligation to submit a building application as well as the review and public announcement of the project. If necessary, the municipal building authority, after hearing the concerned parties, issues the required orders.

5. The combination of several permit-exempt structural measures generally requires approval.

Chapter 4: Formal Construction Law - Section 1: Building Permit Requirement

1. Temporary construction installations on the building site (such as construction cabins, construction signs up to a size of 5 m², cranes, water, electricity and telephone connections, sanitary facilities and the like) shall be deemed approved for the duration of the construction work with the granting of the permit and are thus exempt from the requirement of independent approval.

2. Reserved is the obligation for approval under the law concerning state roads, as well as any potential consent required for the use of public land.

3. The building authorities may, as part of the building permit procedure, require the submission of a construction installation plan for approval.

Chapter 4: Formal Construction Law - Section 1: Building Permit Requirement

1. ...

2. Solar Installations on Roofs and Facades in Municipal Heritage Protection Zones and Heritage Protection Zones of National Significance Are Subject to Building Permit Requirements.

3. Solar installations exempt from building permits under Article 18a of the Federal Act on Spatial Planning must be reported to the building permit authority before execution using a cantonal form. The report must include a site plan, a description of the installation, as well as a roof plan and roof section, or a facade view and facade section, respectively.

4. Solar installations exempt from building permits may be executed if the building permit authority raises no objections within 30 days of receiving the report.

Chapter 4: Formal Construction Law - Section 1: Building Permit Requirement

1. Deviations from the approved building application plans are permitted only with the consent of the municipal building authority, the affected objectors, and, within the scope of Art. 100 Para. 1 of the Building Coordination Service, of the building law.

2. For significant deviations, a new building application must be submitted.

4. Chapter: Formal Building Regulations - 2. Section: Building Permit Procedure - I. Consultation

1. In the interest of expeditious processing and coordination of proceedings, municipal building authorities as well as cantonal authorities may be requested to provide non-binding information and opinions prior to the submission of applications. The consultation specifically pertains to important questions regarding the admissibility of the project, the application documents, and procedural processes.

4. Chapter: Formal Building Regulations Law - 2. Section: Building Permit Procedure - II. Applicable Procedure

1. Projects requiring a permit according to Art. 38 are processed through the standard building permit procedure, the simplified building permit procedure, or the notification procedure.

2. If an application according to Art. 44 or 45 cannot be handled in the simplified procedure or notification procedure, the standard procedure according to Art. 46-55 must be conducted.

3. Permit competences from other statutes and legal areas remain reserved for projects that are exempt from permits and those that only require notification.

4. Chapter: Formal Building Regulations Law - 2. Section: Building Permit Procedure - II. Applicable Procedure

1. The Simplified Procedure pursuant to Art. 104 Para. 1 of the Building Law may be granted, in particular, for

a) Developments within the existing building volume;

b) Small structures according to Art. 11;

c) Walls and open and closed enclosures to the extent that they require a permit;

d) Drainage and dewatering of areas up to a size of 20 ares, provided they are not located within or in the vicinity of a nature conservation zone or groundwater protection zone;

e) Exterior antennas and solar installations for private use, to the extent that they require a permit;

f) Terrain alterations (filling, excavation) of up to 2 meters in vertical expansion and an altered area of up to 1,000 m²;

h) Installation of air/water heat pumps established as outdoor facilities;

i) Parking spaces, roof structures, roof windows with a total externally measured area of up to 2 m².

4. Chapter: Formal Building Regulations Law - 2. Section: Building Permit Procedure - II. Applicable Procedure

1. Notification Procedure According to Article 104 Paragraph 4 of the Building Act

The notification procedure as per Article 104, Paragraph 4 of the Building Act can only be granted outside of areas of national significance for site protection and cultural objects, and exclusively for

a) Facade and other structural changes within the building zones, which only insignificantly appear externally (installation of doors, windows, change of use of rooms, etc.);

b) Changes to the layout of existing residential buildings;

c) Installation of bathrooms, toilets, kitchens, provided this does not involve an extension of the living space;

d) Demolition work;

e) Utility lines and sewage connections for individual properties outside of nature conservation and groundwater protection zones;

f) * Temporary structures according to Article 15, insofar as they do not require a permit;

g) * Installation of heating systems and oil tanks with the exception of air/water heat pumps constructed as outdoor installations.

Chapter 4: Formal Building Regulations - Section 2: Building Permit Procedure - III. General Procedure

1. The procedure may be conducted electronically, provided that the joint authority portal of the canton and municipalities offers the corresponding eServices. The Department of Construction and Economic Affairs decides on the design and activation of these eServices.

2. The use of eServices requires an electronic identity verified by the authentication service of the Swiss Authorities AGOV. The Department of Construction and Economic Affairs determines the necessary identity data and the level of authentication.

3. An electronic submission is considered filed when the corresponding eService confirms the transmission. If processing requires it, a subsequent submission in paper form may be requested.

4. Otherwise, the use is subject to the instructions for the respective eService.

Chapter 4: Formal Building Regulations - Section 2: Building Permit Procedure - III. General Procedure

1. For projects requiring approval, an application must be submitted to the affected municipality using an official form. The application must include all documents necessary for the proper assessment of the project.

2. The official form is to be provided by the municipalities. The Department of Construction and Economic Affairs may issue directives concerning the uniform design and content of the forms, as well as the use of standard checklists and decision templates.

3. Specific requirements for the use of eServices remain reserved.

4. Chapter: Formal Building Regulations - 2. Section: Building Permit Procedure - III. General Procedure

1. The building application generally includes the following dated plans and documents

a) Application form with attachment of the individually required computational evidence (utilization coefficient, etc.);

b) * Site plan normally at a scale of 1:500, showing the exact location of the property as well as the location and dimensions of the project and the access and disposal facilities;

c) Floor plans of all floors generally at a scale of 1:100 indicating the technical installations (firing installations, etc.), the intended purpose of the individual rooms, the floor and window areas, and the main exterior dimensions; one plan should illustrate the surrounding landscaping including changes in terrain, walls, parking spaces, pathways, playgrounds, recreational facilities, etc.; the environmental plan must extend over the entire building plot within the construction zone;

d) Section and elevation plans generally at a scale of 1:100 indicating the elevation levels, the natural and designed terrain to the property boundaries, and the relevant height reference point (in relation to sea level or height difference to a secured fixed point). In conservation areas, neighboring buildings must also be depicted in the elevation plans;

e) Construction description, to the extent that the intended execution is not evident from the plans;

f) Special sewage submission indicating pipe diameter, slope, and material as well as attachment of the documents required by the municipal wastewater regulations;

g) Shelter submission according to legal provisions;

h) Project and description for heating and energy generation installations as well as for tank installations for storing environmentally hazardous substances, insofar as these projects are not subject to subsequent separate approval procedures;

i) * Connection applications for water and energy supply;

j) * Object protection proof for construction projects in hazard areas.

2. For all facade changes (e.g., installation of windows, doors, porch canopies, etc.), the entire facade along with the intended changes must be represented.

3. For projects with significant terrain alterations, particularly in landfills and gravel pits, contour plans and informative longitudinal and cross-sections for the condition before commencement and after completion of the project, as well as an optional phasing plan, must be submitted.

3bis. The building application must be signed by the applicant (property owner) and by the landowner.

4. If the assessment of an application requires it, the approval and coordination authorities may request additional documents such as models, perspectives, shadow diagrams, or photos from the applicant.

5. ...

6. The project must be depicted in color as follows

a) Existing = black

b) New = red

c) Demolition = yellow

7. If necessary to determine the original, lawful state when removing non-compliant constructions as per Art. 108 of the Building Act, the relevant building authority can have the necessary plans and documents prepared at the expense of the offender.

4. Chapter: Formal Building Regulations - 2. Section: Building Permit Procedure - III. General Procedure

1. In the approval process of construction projects pursuant to Article 102, paragraph 1 of the Construction Act, particular attention must be paid to clearly marking the building and ridge height or the total height of the facility along with the benchmark elevation, the reference elevation point, and the horizontal extent of the object, the ground floor elevation, as well as any fills and excavations exceeding 1.20 meters in height or depth.

2. The markings must remain until the approval decisions become legally binding. Decisions on exceptions are to be made by the competent authority.

4. Chapter: Formal Building Regulation Law - 2. Section: Building Permit Procedure - III. General Procedure

1. The municipal building authority shall verify, if necessary in cooperation with the competent cantonal authorities, whether the application dossiers are complete, consistent, and submitted in the required number, and whether the endorsement corresponds to the submitted plans. If the applicant fails to remedy any defects even after a written request with a set deadline, the building authority shall refuse to process the building application with a decision of non-consideration.

2. The same provision applies accordingly if cantonal authorities identify corresponding defects. In this case, the decision of non-consideration shall be made by the building coordination service.

Chapter 4: Formal Building Regulations - Section 2: Building Permit Procedure - III. General Procedure

1. Building applications shall be published for inspection on the joint authority portal of the canton and municipalities during the display period.

2. The municipal building authority shall ensure that the building applications published on the authority portal can be inspected on site.

3. The electronic display and the possibility of on-site inspection shall be announced by public notice in the cantonal official gazette. The municipalities shall decide on other forms of notification.

Chapter 4: Formal Building Regulations - Section 2: Building Permit Procedure - III. General Procedure Flow

1. The coordination body ensures that the necessary decisions are obtained and guarantees that the decisions are made without contradictions and are accompanied by uniform legal remedies instruction in accordance with Article 33, Paragraph 4 of the Federal Act on Spatial Planning.

2. If the coordination body identifies contradictions, it attempts to resolve them through direct contact with the relevant licensing authorities. If deemed necessary, it invites the respective authorities to a conciliation meeting and seeks an amicable solution that complies with all regulations.

3. If contradictions cannot be resolved, the coordination body makes a decision.

4. Chapter: Formal Building Regulations - 2. Section: Building Permit Procedure - III. General Procedure

1. Submissions pursuant to Art. 111 para. 3 of the Building Act are answered in writing by the authorities concerned, but not in the form of a decision. The response letters cannot be appealed.

Chapter 4: Formal Building Regulations - Section 2: Building Permit Procedure - III. General Procedure Flow

1. Projects shall be approved if they comply with building and planning law requirements as well as other regulations to be examined in the approval procedure.

4. Chapter: Formal Building Regulations - 2. Section: Building Permit Procedure - III. General Procedure

1. Construction projects requiring authorization may not commence until the building permit and any additional permits required by other laws have been definitively granted, and any potential objections have been definitively resolved.

2. An early commencement of construction, allowed by all the competent authorities, is reserved, however, under no circumstances can it be granted before the objection period has expired.

3. The permitting authorities may issue partial construction permits for undisputed components of the construction application, provided that the unapproved components are not prejudiced.

4. The permits may stipulate as a condition that the commencement of construction requires prior construction clearance by the appropriate authority, particularly if certain proofs (e.g., energy proof) must be provided before construction begins.

4. Chapter: Formal Building Regulations - 2. Section: Building Permit Procedure - III. General Procedure

1. The municipal construction authority shall verify the execution of the project for compliance with the permits and the approved plans. It may commission third parties to perform the necessary inspections.

2. Where cantonal permits must be monitored, the municipality forwards the notification of the commencement of construction as well as any deviations identified during inspections to the construction coordination service, insofar as these are not reported directly to the competent cantonal authority. Cantonal authorities are also authorized to review their permits.

3. The results of the construction inspection must be documented in writing.

4. Chapter: Formal Building Regulations - 2. Section: Building Permit Procedure - III. General Procedure

1. The approval authorities stipulate in their permits which construction stages must be reported for inspection. In the absence of corresponding information, this applies at least to the following construction stages

a) Written notification to the municipal building authority

1. Establishment of the batter boards;

2. Actual commencement of construction;

3. Completion of construction work prior to occupancy/operation;

b) Oral notification to the municipal building authority

1. All sewer lines before covering;

2. Construction of chimneys and fireplaces.

2. Inspections shall be carried out in such a timely manner that the construction process is not delayed. After rectification of the defects raised, notification must be made again for re-inspection.

Chapter 4: Procedural Building Regulations - Section 2: Building Permit Procedure - IV. Special Procedure Process

1. For the simplified building permit procedure, the relaxations in accordance with Art. 104 paragraphs 2 and 3 of the Construction Law apply. Otherwise, the general procedural provisions apply.

Chapter 4: Procedural Building Regulations - Section 2: Building Permit Procedure - IV. Special Procedure Process

1. In the notification procedure, the requirement for a visa as well as the notification and public disclosure are waived. The project may be carried out if the municipal building authority does not inform the building owner in writing within 20 days of receipt of the building notification that

a) the application is referred to the simplified or ordinary procedure; or

b) the building application is rejected.

2. If there are cantonal responsibilities, the municipal building authority shall immediately forward the building notification to the building coordination service. If the building coordination service does not inform the municipal building authority in writing of any objections within 10 days in accordance with paragraph 1, the project is considered approved from a cantonal perspective.

Chapter 4: Formal Building Regulations - Section 2: Building Permit Procedure - V. Objection Procedure

1. The municipal building authority shall promptly forward any received objections to the building coordination service, provided that it acts as the coordination body under Article 100 of the Building Act.

2. The coordination body shall determine which authority is to take over the procedural management. The authority leading the procedure shall invite the construction party to submit comments and shall conduct a conciliation hearing, if deemed appropriate.

3. Unresolved objections shall be decided by those authorities whose jurisdiction is affected by the points of objection. Decisions regarding building permits and objections shall be consolidated by each authority into a single decision.

4. The municipal building authority may dismiss unfounded objections with the consent of the coordination body without conducting an exchange of written submissions and conciliation hearing.

Chapter 4: Formal Building Regulations - Section 2: Building Permit Procedure - V. Objection Procedure

1. The competent authorities will consider collective objections and identical individual objections only if, after a deadline has been set, it is specified who is authorized to legally represent the group of objectors.

Chapter 4: Formal Building Regulations - Section 2: Building Permit Procedure - V. Objection Procedure

1. The municipal building authority, in the context of its construction permit decision, refers objectors to the competent civil court to file a lawsuit within a period of 14 days from the notification of the decision, provided that the objections concern matters of private law.

2. During the fourteen-day period according to paragraph 1 and any potential mediation proceedings, including the time limit for initiating legal action, construction must not commence. Furthermore, the civil court may prohibit the start of construction until the final resolution of the lawsuit.

Chapter 4: Formal Construction Regulations - Section 2: Building Permit Procedure - VI. Issuance of Decisions

1. Decisions and other communications may be delivered electronically with the consent of the parties involved. The delivery occurs via the joint governmental portal of the canton and municipalities.

2. Decisions must be provided with a qualified electronic signature or a regulated electronic seal from the deciding authority.

3. Documents are made available for download on the governmental portal for a period of seven days. The recipients are informed by email regarding the availability and the deadline.

4. Recipients may request regular delivery by postal service until the deadline expires, provided no download has taken place. The document is considered delivered upon download or expiration of the deadline.

5. The consent of the recipient does not obligate electronic delivery. The authority is entitled at any time to proceed with regular delivery via postal service.

Chapter 4: Formal Construction Regulations - Section 2: Building Permit Procedure - VI. Issuance of Decisions

1. Municipalities that wish to exercise the option for preliminary decision-making through the Building Coordination Service (Art. 105 Para. 2 Building Law) shall notify the Department of Construction and Economic Affairs by July 31st, with effect for the following calendar year.

Chapter 4: Formal Building Regulations - Section 2: Building Permit Procedure - VII. Regulatory Deadlines

1. Building Applications and Building Investigation Applications within the scope of application of Art. 100 para. 2 of the Building Act shall be resolved with building or building investigation decisions within eight weeks from the receipt of the complete application. If an objection procedure is to be conducted, this period is extended to 14 weeks.

2. Building Applications and Building Investigation Applications within the scope of application of Art. 100 para. 1 of the Building Act shall be resolved with building or building investigation decisions within twelve weeks from the receipt of the complete application. If an objection procedure is to be conducted, this period is extended to 18 weeks.

3. The maximum processing duration for approvals by individual cantonal offices is four weeks. The Building Coordination Service may set shorter deadlines on a case-by-case basis.

4. For the processing of projects requiring an environmental impact assessment or the involvement of federal offices, the deadlines are set on a case-by-case basis by the Coordination Body. The same applies to particularly extensive construction projects.

5. The formal suspension of the building permit procedure interrupts the running of these deadlines.

Chapter 4: Formal Building Regulations - Section 2: Building Permit Procedure - VII. Regulatory Deadlines

1. Appeals within the scope of application of the Building Act shall be resolved by decision within six months from receipt of the legally sufficient submission.

2. The formal suspension of the appeal proceedings interrupts the running of this period.

Chapter 5: Final Provisions

1. The Ordinance of February 25, 1986, concerning the Requirement for Building Permits and Procedures, as well as Building Outside of Constructed Zones (Building Ordinance), is hereby repealed.

Chapter 5: Final Provisions

1. The government council determines the commencement.

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