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A construction(zones) - stop for the half of Switzerland

The time limit is almost expired. By the end of April, the cantons must have demonstrated to the Federal in their indicative plans, what you want to do with your major building zones. And you have to introduce a so-called added value tax: land owners, the labels assierung of your soil to be land rich, should at least deliver a fifth of their earnings to the state. As required by the spatial planning act of 2014, and the conditions are not met, it is allowed to be created from may not a new land.

Five cantons Zurich, Zug, Luzern, Schwyz, Geneva, has been busy last week with such a ban. You have either missed to introduce the value-added tax by the deadline (ZH, ZG), or the output is not what pretends to be the Federal law.

And up to seven other cantons may follow. Valais, Fribourg, Jura, Basel country, Ticino, Obwalden and Glarus still do not have an indicative plan, which was approved by the Federal Council. The approval by the end of April, is there a einzonung ban. In particular, in Glarus, and Obwalden, a such seems hardly avoidable. The authorities have not managed, in a timely manner a new plan be submitted; the Federal government will not be able to finish its examination until may. It should make the rest of the five cantons would almost occupied the half of Switzerland's land area with a building zones stop.

Old plans are not enough

The consequences could be more far-reaching than commonly believed, because the construction in the existing building zones threatens to falter, then because of the courts. In several Judgments of recent times, the Federal court has made it clear that the stricter protection of the countryside also proposes to zone-compliant construction projects.

In Concise VD, for example, the judges said in the past year, the construction of a building in an existing commercial zone. She saw the small, secluded building area as a candidate for a Rückzonung, as provided for in the new spatial planning act. Similarly, the court had established two years earlier, also his Intervention in the case against a tourist project in Mollens VS: The municipality must first revise its outdated use plan and on the state of the rules.

image to enlarge

the Federal court Remains on this line, then that means that The building zones stop could grow for the cantons with an invalid directional plan, at least in part, to an actual construction freeze. Whether Valais, Fribourg, Ticino, Jura and baselland region can avert this scenario, seem to be open. The Federal office for spatial development are not to let on, if the five cantons are allowed to hope for a positive decision.

Tricky situation in the Canton of Valais

On a sticky wicket most is the location for the Canton of Valais. Nowhere is there so much excess land, such as between the Furka pass and the lake of Geneva; accordingly it is here, the spatial planning law and requested feedback zonungen. Damian Jerjen, yet you believe that it is well on the way. "I assume that our master plan is approved in time," says the Valais Canton of planners. "We have no indication that this might not be the case."

Jerjen maintains, however, that a longer-term einzonung ban for the Valais would be a Problem. There are still areas where there was new land to depend – "less for homes, more for public works or projects of cantonal interest".

The Valais, CVP-Ständerat Beat Rieder put it more drastic: the refuse of the Federal Council, the indicative plan, would be "devastating". Not only this would block the space planning. "There is also the confidence of the population and the municipalities would be there."

a Lot of time for a permit within the period not more. In yesterday's Federal Council meeting, the indicative plans were not an issue. And the next meeting will take place just on 1. The end of may. In order to prevent a building stop, the hair sharp.

(editing Tamedia)

Created: 17.04.2019, 21:53 PM

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