immo!nvest – Die Plattform für Standorte und Immobilien

Tag: ISOS

  • Properties in the ISOS inventory area – What does this mean?

    Properties in the ISOS inventory area – What does this mean?

    Voser Rechtsanwälte KlG is a full-service law, notarial and tax firm with over 100 years of experience. Our construction and property law department advises investors, entrepreneurs, the public sector and private individuals in all areas of construction and property law throughout the entire life cycle of a property. Together with our other specialist areas, we offer comprehensive support in all legal matters, be it transactions, tax issues or estate planning.

    ISOS as a basic instrument
    The Federal Inventory of Swiss Sites of National Importance, better known as ISOS, is a basic instrument that helps the authorities to recognise and safeguard architectural values in the long term. Cantons and municipalities take the inventory into account when drawing up their corresponding plans (structure planning, utilisation planning). The ISOS was created in the 1970s and comprises around 1,200 objects.

    Binding nature of the ISOS for property owners
    If a property is located in an area covered by the ISOS, this does not mean much, as the ISOS is generally not binding for landowners. However, the municipalities are obliged to take the ISOS into account in land-use planning as part of the comprehensive weighing up of interests under spatial planning law. The building project must be compatible with the applicable land-use planning and comply with the specific requirements of the zone (e.g. a village or core zone). Only where the municipal council, as the building permit authority, has discretionary powers when assessing your planning application must it directly take into account the conservation objectives of the ISOS.

    Direct applicability due to federal tasks
    If the building project affects a federal task, the listed property must be preserved undiminished, or at least protected as far as possible (Art. 6 NHG). However, this only applies in the case of serious encroachment on the ISOS object. According to case law, serious encroachment exists if a construction project causes extensive and irreversible damage. In such a case, an expert opinion must be obtained from the Swiss Federal Commission for the Protection of Nature and Cultural Heritage (ENHK) and / or the Swiss Federal Commission for Monument Preservation (EKD). Planning permission may only be granted if the building project is of national importance. The national nature and heritage conservation organisations are then entitled to appeal against the building project.

    Typical cases of application
    Federal tasks are affected if the building permit relates to a legal matter that falls under federal jurisdiction, is regulated by federal law and is related to nature, landscape and cultural heritage protection. In practice, frequent cases that fall under a federal task according to federal court rulings are when a PV system (Art. 18a RPG) or a mobile phone system (Art. 14 FMG) is authorised or a permit is required under water protection law (Art. 19 para. 2 GSchG).
    To summarise, although the ISOS is not directly applicable to landowners, there are practical exceptions that can often lead to the direct applicability of the ISOS. In this case, further complicated clarifications may be necessary for the construction project, which gives third parties leverage to delay a project.

  • Ariane Widmer Pham talks about architectural culture and sustainable urban development in Geneva

    Ariane Widmer Pham talks about architectural culture and sustainable urban development in Geneva

    Ariane Widmer Pham is a passionate architect and urban planner who has been working for many years to promote a high-quality built environment in Switzerland. Her involvement with the Foundation for Building Culture in Switzerland is aimed at raising awareness of the importance of building culture among a wide audience – from professionals and local authorities to the business and property sectors. Ariane Widmer Pham emphasises that good urban planning, careful architecture and a high level of building culture make a decisive contribution to ensuring that people feel comfortable in their living and working environments.

    The importance of building culture
    Building culture is not something that can be taken for granted across the board, but something that people need to be aware of. Ariane Widmer Pham explains that building culture should be integrated into basic education to foster a deeper understanding and appreciation of our built environment. The sense of community, the simplicity of construction and the closeness to craftsmanship, as was once the case, has been lost. Today, it is important to re-establish a relationship with materials and construction, and to promote the collective idea of the city as a shared project.

    The challenges and objectives of urban planning in Geneva
    Geneva is characterised by a very small area, which results in high urban density and a strong need for regulation. This context calls for meticulous, quality-oriented planning. Widmer Pham emphasises the need to develop projects that are sensitive to and in dialogue with the city’s heritage. Geneva was one of the first cities to be included in the Federal Inventory of Built Sites of National Importance to be Protected in Switzerland (ISOS), which has helped to reinforce quality and sensitivity with regard to urban development.

    Conurbation project and ecological transition
    The Greater Geneva Conurbation Project, launched in 2007, has made a major contribution to the coordination of transport and urban development. The development of inter-municipal sectors coordinated with transport infrastructure has proved its worth, but still faces major challenges. The vision of development that guides agglomeration projects is regularly revised to meet current requirements, such as the goal of zero net emissions.

    Participatory processes in urban planning
    Participatory approaches are an essential part of urban planning in Geneva. Since 2015, the law has stipulated that planning processes must be accompanied by consultation procedures. These procedures allow the population to share their experiences and needs, which leads to greater acceptance of projects. Widmer Pham emphasises that broad citizen participation helps to develop projects that meet the real needs of local residents.

    Future prospects and innovative approaches
    The challenges of densification and sustainable urban development in Geneva call for innovative approaches and close collaboration between different players. They require nuanced approaches to identifying and mobilising sectors with potential for change, particularly in post-war peripheral areas. This development sometimes involves an approach that can be described as “lace urbanism”, in which the solutions lie more in architecture than in planning. Ariane Widmer Pham stresses the need to approach existing buildings with sensitivity, in order to recognise and exploit their potential.
    Ariane Widmer Pham is an impressive example of how building culture and sustainable urban development go hand in hand. Her commitment and expertise are helping to ensure that Geneva continues to serve as an example of quality urban planning. Promoting a culture of building, participatory processes and innovative approaches to densification are essential elements of sustainable urban transformation that meet the needs of residents as well as the requirements of environmental protection and sustainability.