700
Federal Act
on Spatial Planning
(Spatial Planning Act, SPA)1
of 22 June 1979 (Last amended on 1 July 2026)
Preamble
The Federal Assembly of the Swiss Confederation,
on the basis of Articles 75, 104a and 108 of the Federal Constitution2,3
and having considered the Federal Council dispatch dated 27 February 19784,
decrees:
Title 1 Introduction
Art. 1 Aims
The Confederation, cantons and communes shall ensure that the land is used economically and that building areas are separate from the areas where building is not permitted.5 They shall coordinate their activities that have a spatial impact and implement a system of settlements that ensures the desired development of the country. They shall take account of the natural environment and of the needs of the population and the economy.
By means of spatial and regional planning measures, they shall in particular support efforts to:
a. protect natural resources such as soil, air, water, forests and the landscape;
abis. 6promote inward settlement development, while ensuring an appropriate quality of housing;
b. 7create compact settlements;
bbis. 8create and maintain the regional requirements for the economy;
bter. 9stabilise the number of buildings in areas where building is not permitted;
bquater. 10stabilise soil sealing in agricultural zones cultivated year-round as defined in Article 16, in so far as such sealing is not caused by agricultural or tourism-related activities;
c. encourage social, economic and cultural life in the various regions of the country, and promote appropriate decentralisation of settlement and economic activities;
d. guarantee the basis for the provision of sufficient food supplies for the country;
e. ensure the general defence of the country;
f. 11promote the integration of foreigners and social cohesion.
Art. 2 Planning requirements
The Confederation, cantons and communes shall plan their activities that have a spatial impact, and coordinate their planning efforts.
They shall take account of the spatial impact of their other activities.
Authorities responsible for planning shall ensure that subordinate authorities are given the necessary freedom to fulfil their remit.
Art. 3 Planning principles
Authorities responsible for planning shall take account of the following principles:
The countryside must be preserved. In particular:
12sufficient areas of suitable arable land, in particular crop rotation areas, should be reserved for agriculture;
settlements, buildings and installations should integrate well into the landscape;
lakesides and riverbanks should be kept free and accessible to the public;
natural landscapes and recreational areas should be conserved;
forests should be able to fulfil their functions.
Settlements must be arranged according to the needs of their inhabitants and their expansion must be limited. In particular:
a. 13residential and working areas should be suitably located adjacent to each other and mainly planned in locations that are adequately served by public transport;
abis. 14measures should be taken to make better use of unused or insufficiently used areas in building zones and of opportunities to consolidate the settlement area;
b. residential areas should as far as possible be protected from harmful emissions or nuisances such as air pollution, noise or vibration;
c. cycle-paths and footpaths should be created and maintained;
d. favourable conditions for the supply of goods and services should be ensured;
e. settlements should contain numerous open spaces and trees.
Appropriate locations must be chosen for buildings and installations which are public, or in the public interest. In particular:
regional needs should be considered and undesirable disparities reduced;
facilities such as schools, recreational centres and public services should be easily accessible to inhabitants;
adverse impacts on the natural environment, the population and the economy should be avoided or minimised.
The uses of the subsurface—particularly the use of groundwater, raw materials, energy, and areas suitable for construction—must be coordinated with one another at an early stage, as well as with overground uses and competing interests.15
Art. 4 Provision of information and participation
The authorities responsible for planning shall inform the public of the objectives and progress of planning under this Act.
They shall ensure that the public are able to participate adequately in the planning process.
Plans under this Act shall be made available for public inspection.
Art. 5 Compensation
Cantonal legislation shall establish a compensation procedure for major advantages and disadvantages resulting from planning under this Act. The minimum requirements are governed by paragraphs 1bis−1sexies.16
Advantages resulting from land being newly and permanently designated as a building zone shall be compensated for at a rate of at least 20 per cent. Compensation becomes due on the development or disposal of the land.17
The proceeds shall be used for measures under paragraph 2 or for other spatial planning measures under Article 3, in particular paragraphs 2 letter a and 3 letter abis.18
In calculating the compensation charged, the advantage resulting from being assigned to a building zone shall be reduced by the amount paid within a reasonable period to acquire a replacement agricultural building for personal use.19
Cantonal law may waive the charging of compensation if:
a local authority would be liable to pay; or
the anticipated income from the compensation charged does not justify the cost of its collection.20
The compensation paid may be deducted from any profit as an allowable expense when calculating any capital gains tax on land.21
Full compensation shall be paid if planning activities lead to restrictions of title which amount to expropriation.
The cantons may require that the payment of compensation in the case of restrictions of title be entered in the Land Register.
Art. 5a22 Demolition premium
Owners of buildings and installations situated outside the building zones shall, if they are demolished, receive a demolition premium equal to the demolition costs, excluding any expenses for the disposal of special waste or the remediation of contaminated sites, unless there is a separate statutory obligation to bear the costs of disposal. In the event of the removal of buildings and installations not used for agricultural or tourism purposes, the demolition premium shall only be paid if no replacement building is constructed.
The cantons shall finance the demolition premium primarily from the proceeds of the compensation under Article 5 paragraph 1, and additionally from general financial resources.
The Confederation may make contributions towards the cantons’ expenditure. The Federal Council shall specify the details, taking account of the cantons’ differing circumstances, particularly the revenue generated by the added-value levy.
Title 2 Spatial and Regional Planning Measures
Chapter 1 Cantonal Structure Plans
Art. 6 Guidelines
…23
When preparing their structure plans, the cantons shall devise guidelines by which they establish which areas:24
a. are suitable for agriculture;
b. are of special beauty, valuable, or are important for recreation or as natural habitats;
bbis. 25are suitable for producing electricity from renewable energies;
c. are seriously endangered by natural hazards or harmful emissions.
In the guidelines, they shall also provide information on the current condition and previous development of:26
a. 27their settlement area;
b. 28transport;
bbis. 29provision of public utilities, in particular electricity from renewable energies;
bter. 30public buildings and installations;
c. 31their arable land;
d. 32the number of buildings situated outside building zones;
e. 33soil sealing in agricultural zones cultivated year-round as defined in Article 16, in so far as such sealing is not caused by agricultural or tourism-related activities.
In particular, they shall take account of federal policies and sectoral plans, the structure plans of neighbouring cantons, federal inventories, and other regional development policies and plans in accordance with their binding nature.34
Art. 7 Collaboration between authorities
The cantons shall work with the federal authorities and neighbouring cantons insofar as their activities coincide.
If the cantons cannot agree among themselves or with the Confederation on how to coordinate activities that have a spatial impact, they may request that the conciliation procedure (Art. 12) be applied.
Border cantons shall seek collaboration with the regional authorities of the neighbouring country insofar as their activities may have cross-border impact.
Art. 835 Minimum content of structure plans
Each canton shall prepare a structure plan, which shall define the following as a minimum:
how the canton aims to develop in spatial terms;
how activities that have a spatial impact are to be coordinated with a view to achieving development targets;
the proposed schedule and resources for fulfilling tasks.
Projects with significant effects on space and the environment must have a basis in the structure plan. Specification in the structure plan is not required for projects that do not have a significant impact on space or the environment, in particular projects for the use of renewable energies, even if they involve installations of national interest in accordance with Articles 12 paragraph 2 and 13 paragraph 1 of the Energy Act of 30 September 201636 (EnA).37
Projects for the use of renewable energies may be planned and permitted irrespective of whether an area or a stretch of water pursuant to Article 8b of this Act and to Article 10 paragraph 1 EnA has been designated.38
Art. 8a39 Structure plan content related to settlements
The structure plan shall define the following in relation to settlements:
the overall size of the settlement area, where it is located in the canton and how its expansion is coordinated at regional level;
how settlements and transport are coordinated, and how land will be developed in a rationally and space-saving manner;
how high-quality inward settlement development will be achieved;
how it will be guaranteed that building zones meet the requirements of Article 15; and
how settlement renewal will be increased.
…40
Art. 8b41 Structure plan content in relation to energy
The structure plan shall designate suitable areas and stretches of water that may be used to generate renewable energies.
Art. 8c42 Structure plan content in relation to zones defined in Article 18bis
The cantons may designate specific areas in the structure plan in which, based on an overall spatial concept, zones under Article 18bis with uses subject to compensation are permitted outside building zones if:
the creation of such zones leads to an improvement in the overall situation in the area concerned, having regard to the objectives and principles of spatial planning; and
planning mandates are issued requiring the necessary compensation and enhancement measures to be provided for in land use planning.
Taking account of the principles set out in paragraph 1, the cantons may designate specific areas in their structure plan in which they provide for agricultural buildings that are no longer required to be converted to residential use.
As a minimum, the structure plan must specify:
the improvement in the overall situation that will be achieved by creating such zones, the specific overarching objectives to be pursued thereby and the reasons for these;
how the overall spatial concept is to be implemented in practice in the land use planning process for the area in question.
Art. 8d43 Structure plan content in relation to the stabilisation objective in areas where building is not permitted
The cantons shall specify in their structure plan an overall concept for achieving the stabilisation objectives set out in Article 1 paragraph 2 letters bter and bquater and shall issue the corresponding mandates, particularly with regard to the payment and financing of demolition premiums under Article 5a paragraph 1. A comparison with the situation as at 29 September 2023 shall be used to determine whether the objectives have been achieved.
When assessing whether the objective under Article 1 paragraph 2 letter bter has been achieved, protected buildings and buildings assigned to a building zone after 29 September 2023 shall not be included. When assessing whether the objective under Article 1 paragraph 2 letter bquater has been achieved, soil sealing caused by energy installations or cantonal or national transport infrastructure shall not be included.
The achievement of the stabilisation objectives under Article 1 paragraph 2 letters bter and bquater must be reviewed periodically, and the structure plan content under paragraph 1 must be amended if necessary.
If the review reveals that the stabilisation objectives have not been achieved, the Federal Council shall order that Article 38b be applied mutatis mutandis.
Art. 9 Binding character and amendments
Structure plans are binding on the authorities.
If circumstances change, new tasks arise or if a generally better solution is possible, structure plans shall be reviewed and, if necessary, amended.
As a rule, structure plans shall be comprehensively reviewed every ten years and, if necessary, revised.
Art. 10 Responsibilities and procedures
The cantons shall determine responsibilities and procedures.
They shall regulate the way in which communes, other bodies responsible for activities which have a spatial impact and organisations for environmental protection and for the protection of nature and cultural heritage that have a right to appeal in accordance with Article 55 of the Environmental Protection Act of 7 October 198344 and with Article 12 of the Federal Act of 1 July 196645 on the Protection of Nature and Cultural Heritage (NCHA) cooperate in drawing up the structure plans.46
Art. 11 Approval by the Federal Council
The Federal Council shall approve the structure plans and their amendments if they conform to this Act, and in particular take proper account of the activities by the Confederation and by neighbouring cantons that have a spatial impact.
The structure plans shall become legally binding on the Confederation and the neighbouring cantons only when approved by the Federal Council.
Art. 12 Conciliation
If the Federal Council is unable to approve the structure plans or parts thereof, it shall arrange a conciliation procedure after hearing the views of the parties concerned.
The Federal Council shall order that for the duration of the conciliation procedure nothing may be done that might prejudice its result.
If an agreement cannot be reached, the Federal Council shall decide the issue no later than three years after the beginning of the conciliation procedure.
Chapter 2 Special Measures by the Confederation
Art. 13 Policies and sectoral plans
The Confederation shall draw up the basic principles necessary to fulfil its remit with regard to spatial issues. It shall draw up the required policies and sectoral plans and ensure that they are compatible.
The Confederation shall work with the cantons and inform them in good time of its policies, sectoral plans and building projects.
Chapter 3 Land Use Plans
Section 1 Purpose and Content
Art. 14 Definition
Land use plans govern the permissible use of land.
They shall designate in advance building zones, agricultural zones and protected zones.
Art. 1547 Building zones
Building zones must be defined in such a manner that they meet the anticipated needs for the following 15 years.
Excessively large building zones must be reduced in size.
The location and size of the building zones must be defined in a manner not restricted by communal boundaries, respecting the aims and principles of spatial planning. In particular, crop rotation areas must be maintained and nature and landscape preserved.
Land may be assigned to a building zone for the first time if:
it is suitable for development;
it will probably also be needed, made ready for development and developed within the next 15 years even though internal use reserves in existing building areas have been exploited to their full potential;
arable land is not fragmented as a result;
its availability is guaranteed by law; and
the requirements of the structure plans are met thereby.
When designating or rezoning areas, the cantons may designate areas within zones in which odour regulations continue to correspond to the original land use, thereby allowing existing agricultural and commercial operations to continue, be updated and adapted to improve animal welfare.48
The Confederation and cantons shall together draw up technical guidelines for assigning land to building zones, and in particular for calculating the area required.
Art. 15a49 Availability of building land
The cantons shall work with the communes to take the measures that are required in order that building zones are used for their assigned purpose, in particular measures required under land law such as land reorganisation projects (Art. 20).
Where it is in the public interest to do so, cantonal law shall provide that the competent authority set a deadline for the development of a parcel of land and can order specific measures if the deadline expires without development taking place.
Art. 1650 Agricultural zones
Agricultural zones shall ensure the long-term use of the land for food, the conservation of the countryside, of recreational areas and of the ecological balance. They shall be kept largely undeveloped, according to their various functions. Agricultural zones shall include land which:
is suitable for agricultural or horticultural use and is required to fulfil the various agricultural tasks; or
should be used for agricultural purposes in the general interest.
Wherever possible, agricultural zones shall be demarcated as large and continuous areas.
The cantons shall take appropriate account of the various functions of the agricultural zones in their planning activities.
In agricultural zones, agriculture and its needs take precedence over non-agricultural uses.51
The Federal Council shall specify the cases in which exemptions from the provisions of the Environmental Protection Act of 7 October 198352 are permitted outside building zones with regard to ambient levels of odours and noise from agriculture, in order to ensure the priority of agriculture.53
Art. 16a54 Buildings and installations conforming to zone requirements in agricultural zones
Buildings and installations shall conform to zone requirements if they are required for agricultural or horticultural use. This is without prejudice to the narrower definition of zone conformity in the context of Article 16 paragraph 3.
Buildings and installations at farms that are required for the production of energy from biomass or for connected composting facilities shall be deemed be in conformity with zone requirements and are not subject to planning requirements provided:
the processed biomass is closely linked to the agricultural or forestry operations carried out on the farm or on nearby farms;
a maximum of 45,000 tons of substrate may be used annually; and
the buildings or installations are used only for the permitted purpose.55
Buildings and installations that serve the internal expansion of a farm or horticultural business shall be deemed to conform with zone requirements. In the case of livestock farming, the permitted extent of internal expansion shall be determined on the basis of the contribution margin or the dry matter potential.56 The Federal Council shall regulate the details.57
Buildings and installations that serve a purpose beyond the internal expansion of an agricultural or horticultural concern may be deemed be in conformity with zone requirements if they are to be constructed in an exempted area within the agricultural zone, as determined by the canton in a planning procedure.
Art. 16abis58 Buildings and installations for keeping and using horses
Buildings and installations that are required for keeping horses shall be authorised as conforming to zone requirements if they form part of an existing farm as defined in the Federal Act of 4 October 199159 on Rural Land Rights, provided the farm produces most of its own fodder and has pastures for keeping horses.
A permit may be granted for areas with compacted ground where the horses kept by the farm are used.
A permit shall be granted for facilities directly related to using horses such as tack rooms or changing rooms.
The Federal Council shall regulate the details.
Art. 16b60 Prohibition of use and removal61
Buildings and installations that are no longer used for purposes conforming to zone requirements and for which usage in terms of Articles 24–24e is not permitted may no longer be used.62 This prohibition shall cease to apply as soon as they can again be used in conformity with zone requirements.
If authorisation is granted for a limited period or subject to a condition subsequent, the buildings and installations must be removed when authorisation ceases to apply, and the location must be restored to its previous state.63
Art. 17 Protection zones
Protection zones shall include:
streams, rivers, lakes and their shores and banks;
landscapes of special beauty, and countryside of natural, cultural or historical value;
important sites of local character, historic sites, as well as natural or cultural monuments;
habitats for protected animals and plants.
Instead of defining protection zones, cantonal legislation may provide for other suitable measures.
Art. 18 Other zones and areas
Cantonal law divides building zones into different types and may provide for other land use zones situated outside the building zones.64
In such land use zones situated outside the building zones, buildings or installations for site-specific uses and other buildings and installations that are functionally related to the main use may be permitted. Permission for all buildings and installations shall lapse if the main use ceases.65
Cantonal law may contain provisions regarding areas whose use is not yet specified or in which a specific use will only be permitted at a later date.66
Forested areas shall be defined and protected by forestry legislation.
Art. 18bis67 Non-building zones with uses subject to compensation
Where, based on Article 8c, non-building zones are created for non-site-specific uses, the conditions must be established to ensure that these uses:
are accompanied by the necessary compensation and enhancement measures; and
lead, on balance, to an improvement in the overall situation regarding settlement structure, landscape, Baukultur, arable land and biodiversity.
No compensation or enhancement measures are required if, under current law, a permit could be issued outside such zones.
In small settlements, conversions and extensions of use shall be permitted in zones covered by this Article without being subject to compensation and enhancement measures.
When deciding on an application for a permit, it must be verified and ensured that the conditions set out in paragraph 1 are met.
Art. 18a68 Solar installations and energy-related redevelopment projects69
In construction and agricultural zones, solar panels on roofs or on facades which are sufficiently unobtrusive do not require a building permit in accordance with Article 22 paragraph 1.70 The competent authorities must merely be notified of such installations.
Cantonal law may:
71determine specific, less aesthetically sensitive types of building zone in which other solar installations and energy-related redevelopment projects are permitted without a building permit being required;
require a building permit in clearly described types of protection zone.
In building zones, structures for the generation of solar energy above and along the boundaries of parking areas with 15 or more parking spaces are generally deemed be in conformity with zone requirements. Communes may, as part of their land-use planning, designate parking areas where such structures are not permitted or are permitted only under certain conditions. They may declare such structures to be generally in conformity with zone requirements on all or part of parking areas with fewer than 15 parking spaces.72
Solar installations on cultural and natural monuments of cantonal or national importance always require a building permit. They may not be detrimental to the monuments to any significant degree.
In all other cases, in principle the interests of solar energy use on existing or new buildings outweigh aesthetic considerations.
Art. 18b73 Hydropower plants
Hydropower plants with an installed capacity of a maximum of 10 MW need not be specified in the structure plan in accordance with Article 8 paragraph 2.
Hydropower plants and their ancillary installations need not be specified in a land use plan.
Art. 19 Infrastructure
A parcel of land is regarded as ready for development when it has adequate access for its designated use and the necessary water supply, energy and wastewater facilities can be connected to nearby utility mains without considerable difficulty or expense.
The local authority shall connect building zones to infrastructure within the period of time set in the development programme; where necessary, it may do so in stages. The contributions to be made by landowners are be determined under cantonal legislation.74
If the local authority does not connect building zones within the time limit, landowners must be permitted to connect their land themselves in accordance with the plans approved by the local authority or to advance funds for infrastructure connection by the local authority, in accordance with the provisions of cantonal legislation.75
Art. 20 Land reorganisation
Land reorganisation may be officially ordered and carried out if this is required by the land use plans.
Section 2 General Effects76
Art. 21 Binding character and amendment
Land use plans shall be universally binding.
Should circumstances change appreciably, land use plans shall be reviewed and, if necessary, amended.
Art. 22 Building permits
Buildings and installations may be erected or modified only with the permission of the responsible authority.
The basic requirement for a permit is:
that the buildings and installations conform to the purpose of the land use zone; and
that the land is connected to infrastructure and utilities.
The other requirements contained in federal and cantonal law continue to apply.
Art. 23 Exceptions within building zones
Cantonal legislation regulates exceptions within the building zones.
Section 2a Exceptional Permits outside Building Zones77
Art. 2478 Site-specific buildings and installations79
Notwithstanding Article 22 paragraph 2a, permits to erect buildings and installations or to modify their purpose may be granted:
if the purpose of the buildings and installations necessitates their location outside the building zones; and
if there are no overriding interests to the contrary.
The Federal Council may permit energy-related redevelopment projects that are not provided for in any other provision.80
Art. 24bis81 Combination of infrastructure installations and mobile communications installations
Infrastructure installations must be combined wherever possible. The Federal Council shall specify the requirements by which mobile communications installations on existing or new infrastructure installations are deemed to be site-specific, subject to Article 24 paragraph 1 letter b.
Mobile communications installations may be permitted outside building zones provided a comprehensive balancing of interests indicates that a location outside the building zones is significantly more advantageous than a location within the building zones.
Modifications, upgrades and expansions of existing mobile communications installations outside the building zone shall be deemed to be site-specific.
Art. 24ter82 Solar installations not of national importance
Solar installations that are not of national importance and which are located on open land outside the building zone and outside usable agricultural areas shall be deemed to be site-specific if:
they are built in less sensitive areas or in areas already occupied by other buildings and installations; and
the cost of developing the properties concerned and of connecting the installation to the electricity grid is reasonable in view of the capacity of the installation.
Solar installations located on usable agricultural land shall be deemed to be site-specific provided:
in addition to producing electricity, they do not compromise agricultural interests and provide advantages for agricultural production; or
they serve agricultural experimental and research purposes.
When the installations are taken out of service, they must be dismantled and the site restored to its original condition.
The Federal Council shall regulate the details, taking account of the need for new capacities pursuant to Article 2 of the Energy Act of 30 September 201683, and in particular the guarantee of funding for measures in accordance with paragraph 3.
Art. 24quater84 Other buildings and installations for harnessing renewable energies
Installations for generating energy from biomass and installations for converting renewable energy into hydrogen, methane, or other synthetic hydrocarbons shall also be permitted outside building zones to the extent that this is deemed appropriate for ensuring a secure supply of renewable energy.
The Federal Council shall regulate the requirements by which these installations in less sensitive or occupied areas are deemed to be site-specific. In doing so, it shall take the following in particular into consideration:
the existing level of infrastructure, in particular existing gas connections in the case of installations for generating energy from biomass;
the proximity to an installation that produces renewable electricity in the case of facilities that convert renewable energy into hydrogen or hydrocarbons.
It may specify the size and significance thresholds at which buildings and installation become subject to planning requirements.
Art. 24quinquies85 Buildings and installations for thermal networks
Thermal networks that contribute to reducing consumption of non-renewable energies may be permitted outside building zones if necessary. The Federal Council shall regulate the details.
Art. 24a86 Changes in purpose outside building zones for which construction work is not required
If the change in purpose of a building or installation outside the building zone does not necessitate any construction work within the meaning of Article 22 paragraph 1, a permit shall be issued if:
the change of purpose will not have any new impact on space, infrastructure provision and the environment; and
it is not prohibited by any other federal enactment.
The exceptional permit must be issued subject to the condition that a new official ruling be made should circumstances change.
Art. 24b87 Non-agricultural subsidiary operations outside building zones
Should a farm as defined in the Federal Act of 4 October 199188 on Rural Land Rights be unable to survive without an additional source of income, a permit may be granted for construction work related to a non-agricultural subsidiary operation which is closely related to the primary concern and located in existing buildings and installations.89 The requirement set out in Article 24a need not be met.
Irrespective of whether an additional source of income is required, a permit may be granted for subsidiary operations with a close practical connection to the farm; for this purpose, a permit may be granted for modest expansions where no space or insufficient space is available in the existing buildings and installations.90
In the case of temporary operating centres, a permit may be granted for construction work only in the existing buildings and installations and only for subsidiary operations offering accommodation and restaurant services.91
In order to avoid distortions of competition, non-agricultural subsidiary operations must satisfy the same statutory requirements and general conditions as commercial operations in similar situations in the building zone.92
The subsidiary operation may be run only by the manager of the farm or their spouse or cohabitee. Employees who work mainly or exclusively for the subsidiary operation may only be employed for subsidiary operations in accordance with paragraph 1bis. In every case, the work of this part of the business must be predominantly carried out by the managing family.93
The existence of the subsidiary operation must be recorded in the Land Register.
Non-agricultural subsidiary operations constitute integral parts of the farm and are subject to the prohibition of division and fragmentation of property pursuant to Articles 58–60 of the Federal Act of 4 October 1991 on Rural Land Rights.
The provisions of the Federal Act of 4 October 1991 on Rural Land Rights with respect to non-agricultural businesses do not apply to subsidiary operations.
Art. 24c94 Buildings and installations subject to the previous law95
Buildings and installations outside building zones that comply with their intended use but which no longer conform to zone requirements are in principle protected in their current state.
Such buildings and installations may, with the permission of the competent authority, be renovated, partially modified, moderately expanded or reconstructed, provided they have been lawfully constructed or modified.96
The foregoing also applies to farmhouses and attached commercial buildings that have been lawfully constructed or modified before the parcel of land concerned become part of the area where building is not permitted in accordance with federal law. The Federal Council shall issue regulations in order to prevent negative consequences for agriculture.97
Changes to external appearance must be necessary to enable modern residential use or to upgrade energy efficiency or so as to blend more harmoniously into the landscape.98
Every case is subject to compatibility with the priority concerns of spatial planning.99
Art. 24cbis100 Buildings in scattered settlement areas
In areas traditionally built as scattered settlements the size of which is defined in the cantonal structure plan and in which it is planned to increase permanent settlement with a view to achieving the desired spatial development, the cantons may permit:
a change in use of existing buildings that contain containing residential units to non-agricultural residential use, provided that they are occupied year-round following the change;
a change in use of existing buildings or complexes of buildings that contain residential units to use as local small business premises; local small businesses include in particular cheese dairies, carpentry workshops, mechanical workshops, metalworking shops, retail stores, and public houses; as a general rule, the commercial portion may not occupy more than half of the building or building complex.
Permits pursuant to this Article shall only be grated if:
the building is no longer required for the previous purpose that was in conformity with zone requirements or site-specific, or it is guaranteed that it will continue to serve this purpose;
the new use will not result in the unnecessary construction of a replacement building;
the external appearance and the basic structure of the building remain essentially unchanged;
no more than a minor extension of existing infrastructure is necessary and all infrastructure costs incurred as a result of the complete change of purpose of the buildings and installations will be passed on to their owners;
the agricultural cultivation of the surrounding land is not endangered; and
there are no overriding interests to the contrary.
In scattered settlement areas in accordance with paragraph 1, an access road may be permitted for buildings that were occupied year-round on 1 January1980 and which are protected in their current state pursuant to Article 24c, provided they are occupied year-round. The access road must be limited in its structure to the minimum and must not seal the ground. On steep slopes, a sealed road surface may be permitted for safety purposes along the entire road or in certain sections.
Art. 24d101 Non-agricultural residential use, and buildings and installations worthy of preservation102
Authorisation may be given for agricultural residential buildings to be used for non-agricultural residential purposes, provided the essential character of the buildings is preserved.103
…104
A complete change of purpose of buildings and installations that have been recognised as being worthy of preservation may be authorised if:105
these have been given protected status by the competent authority; and
their continued preservation cannot otherwise be guaranteed.
Permits under this Article may be issued only if:106
the building or installation is no longer required for its previous purpose, is suitable for the intended use, and no unnecessary replacement buildings will be constructed;
107the external appearance and the basic structure of the building and its surroundings remain essentially unchanged;
no more than a minor extension of existing infrastructure is necessary and all infrastructure costs incurred as a result of the complete change of purpose of the buildings and installations will be passed on to their owners;
the agricultural cultivation of the surrounding land is not endangered; and
there are no overriding interests to the contrary.
Art. 24e108 Keeping livestock as a hobby
Provided the essential character of the buildings is preserved, construction work shall be permitted in uninhabited buildings or parts of buildings where they are used by residents of an adjacent residential building for the purpose of keeping livestock as a hobby and animal welfare standards are respected.
New outdoor installations may be permitted in terms of paragraph 1 if they are necessary for keeping livestock in accordance with animal welfare standards. Such installations may be larger than the statutory minimum size provided this is compatible with the main aspects of spatial planning and the installation is a reversible construction.
The outdoor installations may be used for keeping livestock as a hobby provided no structural alterations are required and there is no new impact on the surrounding area and the environment.
If livestock are kept in a building zone, permission shall also be given to fenced-in areas for grazing purposes provided there is no negative impact on the landscape.
Permits in accordance with this Article may only be given if the requirements of Article 24d paragraph 3 are met.
The Federal Council shall regulate the details. In particular it shall define the relationship between the modifications possible under this Article and those under Article 24c. It may provide that keeping small animals as a hobby is not deemed to be an extension of residential use and that small outbuildings that have been destroyed by force majeure may be rebuilt.109
Section 2b110 Reporting
Art. 24f
The cantons shall provide the Confederation with periodic reports on the payment and financing of the demolition premiums set out in Article 5a paragraphs 1 and 2.
The Federal Council shall provide Parliament with periodic reports on the achievement of the stabilisation objectives set out in Article 1 paragraph 2 letters bter and bquater and, in doing so, shall assess the impact of the relevant provisions.
In the reports, the Federal Council shall put forward proposals for possible improvements.
Section 3 Responsibilities and Procedures
Art. 25 Cantonal responsibilities
The cantons shall determine responsibilities and procedures.
They shall determine the time limits and their consequences for all procedures involved in the erection or modification of buildings or installations, or changes to their purpose.111
In the case of any building projects outside the building zones the competent cantonal authority shall decide if they meet zone requirements or if an exceptional permit may be issued.112
It shall ensure that unauthorised uses are identified within a reasonable time frame and are then immediately prohibited and stopped; removal work to restore the lawful state shall be ordered and carried out without delay.113
Only the competent cantonal authority may validly decide, by way of exception, to waive the restoration of the lawful state.114
The right to restore to the lawful state is subject to a 30-year statute of limitations. The time limit is deemed to have been met if the competent authority takes action for the first time before expiry of the time limit. No statute of limitations applies if public interests, in particular public order, peace, safety and security or health, are at risk.115
Art. 25a116 Principles of coordination
If the erection or modification of a building or installation requires decisions from two or more authorities, one authority shall be designated responsible for ensuring adequate coordination.
The authority responsible for coordination:
may issue the necessary procedural orders;
shall ensure joint publication of all planning application documents;
shall obtain comprehensive opinions on the projects from all the cantonal and federal authorities involved;
shall ensure that content of decisions is coordinated and, as far as possible, arrange for decisions to be published jointly or simultaneously.
The decisions must not contain any contradictions.
These principles apply by analogy to the land use plan procedure.
Art. 26 Approval of land use plans by a cantonal authority
A cantonal authority shall approve the land use plans and their amendments.
It shall verify that they conform to the cantonal structure plans approved by the Federal Council.
Approval by the cantonal authority shall make the land use plans binding.
Art. 27 Planning zones
If a land use plan must be modified or does not yet exist, the competent authority may designate precisely defined areas as planning zones. Inside these planning zones nothing may be done to prejudice land use planning.
Planning zones may be designated as such for five years at the most. Cantonal legislation may provide for this period to be extended.
Art. 27a117 Restrictive cantonal provisions on building outside the building zone
Cantonal law may provide for restrictive provisions relating to Articles 16a paragraph 2, 24b, 24c, 24d and 24e.
Title 3 Federal Subsidies
Art. 28118
Art. 29 Subsidies to compensation for protective measures
The Confederation may subsidise compensation payments made for particularly important protective measures introduced under Article 17.
Art. 29a119 Subsidies for projects
In cooperation with the cantons, cities and communes, the Confederation may subsidise projects which promote improvements to living quality and social cohesion in residential areas.
The Federal Office of Spatial Planning coordinates these subsidies with the federal agencies concerned and systematically analyses these activities.
Art. 30 Conditions for paying other subsidies
The Confederation shall make the payment of subsidies under other federal acts for measures which have a spatial impact dependent on such measures complying with the approved structure plans.
Title 4 Organisation
Art. 31 Cantonal offices
The cantons shall designate an office for spatial and regional planning.
Art. 32 Federal Office
The federal office responsible is the Federal Office for Spatial Development120.
Title 5 Legal Remedies
Art. 33 Rights under cantonal law
Land use plans shall be made available for public inspection.
Cantonal legislation shall provide for at least one means of legal redress against rulings and land use plans based on this Act and on its cantonal and federal implementing provisions.
It shall guarantee:
121at least the same rights of appeal as for an appeal under public law to the Federal Supreme Court;
full examination by at least one appeal authority.
Uniform instances of appeal must be provided for appeals against decisions by the cantonal authorities to which Article 25a paragraph 1 applies.122
Art. 34123 Rights under federal law
Appeals to federal authorities are governed by the general provisions on the administration of federal justice.
Cantons and communes are entitled to appeal against decisions made by ultimate cantonal instances on:
compensation resulting from restrictions of title (Art. 5);
the conformity of buildings and installations to zone regulations;
124permits as defined in Articles 24–24e and Article 37a.125
The Federal Office for Agriculture has the right to appeal against decisions on projects that affect crop rotation areas.126
Title 6 Final Provisions
Art. 35 Time limits for structure plans and land use plans127
The cantons shall ensure that:
128…
land use plans are drawn up in good time but no later than eight years after this Act has come into force.
…129
Land use plans valid at the time this Act comes into force shall retain their validity under cantonal law until they are approved by the competent authority.130
Art. 36 Introductory measures by the cantons
The cantons shall enact the regulations necessary for the application of this Act.
Unless other authorities are designated under cantonal legislation, the cantonal governments shall be authorised to take provisional measures and in particular to determine planning zones (Art. 27) and to issue restrictive provisions on building outside the building zone (Art. 27a).131
Provided no building zones exist, and cantonal law does not provide otherwise, areas that are already largely built up shall be deemed to be provisional building zones.
Art. 37 Temporary land use zones
If areas particularly suitable for agriculture, or especially important landscapes or sites are directly threatened and no protective measures are taken in the period set by the Federal Council, the latter may define temporary land use zones. Inside these zones nothing may be done that could prejudice land use planning.
As soon as land use plans are drawn up, the Federal Council shall cancel the temporary land use zones.
Art. 37a132 Commercial buildings and installations that contravene zone requirements outside building zones
The Federal Council shall determine the conditions under which a change of purpose may be permitted to commercially used buildings and installations constructed before 1 January 1980 or which have since failed to meet zone requirements as a result of changes to the land use plans.
It shall specify the conditions under which restaurants and accommodation businesses subject to the previous law and situated outside the building zones may also be demolished and rebuilt, and the extent to which operational expansions are permitted in this context. It shall also determine the conditions under which the demolition of commercial buildings and installations that are located elsewhere in the same terrain compartment confer an entitlement to additional expansions of the business.133
Art. 38134
Art. 38a135 Transitional Provisions to the Amendment of 15 June 2012
The cantons shall adapt their structure plans to the requirements of Articles 8 and 8a paragraph 1 within five years of the commencement of the amendment of 15 June 2012.
The total area of building zone legally created in the given canton may not be increased until the amendments to the structure plans have been approved by the Federal Council.
On expiry of the deadline set in paragraph 1, new building zones may only be created if the amendment of the given canton’s structure plan has been approved by the Federal Council.
The cantons shall arrange appropriate compensation procedures for considerable advantages and disadvantages in accordance with the requirements of Article 5 within five years of the amendment of 15 June 2012 coming into force.
On expiry of the deadline set in paragraph 4, new building zones may not be created in cantons unless they have appropriate compensation procedures in accordance with the requirements of Article 5. The Federal Council determines these cantons following a hearing.
Art. 38b136 Transitional provision to the Amendment of 29 September 2023
The cantons shall bring their structure plans into line with the requirements of Article 8d within five years of the amendment of 29 September 2023 coming into force.
The approval of structure plan amendments in accordance with Articles 8c and 18bis shall be conditional upon a structure plan amendment in accordance with Article 8d, which may be carried out in advance or concurrently.
Once the period specified in paragraph 1 has expired, any additional new buildings outside the building zone in the canton concerned shall be subject to compensation until approval has been granted.
Buildings that have already been granted a permit may continue to be constructed without the need for compensation for a non-extendable period of three years following expiry of the period specified in paragraph 1.
Art. 38c137 Initial preparation of structure plan guidelines relating to the objectives set out in Article 1 paragraph 2 letters bter and bquater
Where initial information on the number of buildings outside the building zones and on soil sealing in the agricultural zone cultivated year-round under Article 16, in so far as such sealing is not caused by agricultural activities, is provided as part of the guidelines under Article 6 paragraph 3 letters d and e, the account of developments to date may be kept in outline form.
Art. 39 Referendum and commencement
This Act is subject to an optional referendum.
The Federal Council shall determine the date on which this Act comes into force.
Commencement date: 1 January 1980138