immo!nvest – Die Plattform für Standorte und Immobilien

Tag: Einspracheverfahren

  • Whoever blocks, pays

    Whoever blocks, pays

    The majority of building permit procedures in Switzerland take place within reasonable time limits. However, there are exceptions and these have a serious impact. Objections and appeals can block projects for years or prevent them altogether. Today, even people who are not directly affected by a project can lodge an objection, for example because they don’t like the color of the neighbor’s planned façade. This is one of the structural weaknesses that the Federal Council is now addressing.

    Housing construction becomes a national objective
    The strongest lever in the reform package lies in the Spatial Planning Act. Housing construction as part of inward settlement development is to be enshrined there as a national interest. This sounds technical, but has a concrete effect. When weighing up interests, housing construction would be given more weight than the protection of the townscape or listed buildings. Projects that currently fail due to local protection interests would have a better chance of being realized.

    Objections with consequences
    Anyone who raises objections improperly, i.e. with the sole aim of delaying a project, should in future bear the procedural costs. The Federal Council is considering a legal obligation for the cantons to impose such costs on objectors. At the same time, the right of private individuals to appeal to the Federal Supreme Court is to be restricted. However, the Federal Council rejects flat-rate fees for rejected appeals. Access to legal protection should not depend on your wallet.

    The limits of the federal government
    Despite the political will, the federal government’s scope for intervention is limited. Building permit procedures are the responsibility of the cantons. The federal government cannot impose binding deadlines for cantonal procedures or the obligation to introduce digital approval processes. It recommends that the cantons introduce such measures on their own responsibility, as they have a demonstrably accelerating effect in the long term. The Swiss Construction Industry Association supports this approach and is calling for leaner processes while maintaining a high level of planning quality.

    Consultation
    The reform report fulfills five postulates from the National Council and Council of States and is part of the federal government’s housing shortage action plan. DETEC has now been instructed to draw up a consultation draft by the end of 2026. It is likely to be years before concrete legislative changes come into force.

  • 80 centimeters slow down 63 million project

    80 centimeters slow down 63 million project

    The secondary school community of Arbon applied for an exemption permit for the planned Lärche school center. Specifically, this concerns the attic storey, which is 4 meters high instead of the 3.2 meters stipulated in the building regulations. The maximum permissible overall height of 16 meters is nevertheless undercut at 15.5 meters. A technical borderline case, not a fundamental problem.

    One man, one objection
    Architect Gustav Maurer has lodged an objection to the application for exemption. He describes the project, which emerged from a competition, as a “proven planning error” and considers it irresponsible in view of the global economic situation. Maurer claims that the required construction volume could be realized for CHF 43 million. This is around 20 million less than the credit of 62.9 million francs approved by the people.

    Timetable is faltering
    The secondary school authorities wanted to submit the building application in November. Due to the objection and the resulting legal uncertainty, this deadline is beginning to waver. If the process is delayed, there is a risk of follow-up costs in the millions due to rising construction prices, longer planning times and postponed building approvals.

    Clear words from the school president
    Secondary school president Robert Schwarzer finds clear words. Maurer has been opposing almost everything that is to be built in Arbon for years. The right to object is undisputed as a fundamental right, but what is being practiced here is an “expression of harassment and arbitrariness”. The objector seemed to be indifferent to the potential multi-million euro follow-up costs.

    Support from the population
    The project has democratic legitimacy. Almost 60 percent of voters were in favor of the 62.9 million loan in September 2025. The ground-breaking ceremony was planned for September 2026, with occupancy scheduled for the 2028/29 school year. Whether this timetable holds will now be decided by the Legal Service. Not at the ballot box.