Good news for builders: Federal Council wants to speed up planning and building permit procedures
The Federal Council has identified the following reasons for the very long planning and building permit procedures, in some cases lasting even years
- Complexity of substantive law: time-consuming clarifications and frequently incomplete building applications,
- Limited staffing and expertise of permitting authorities
- Abusive use of objections and appeals,
- Politically complex processes in land-use planning (referendums, initiatives, balancing of interests).
The need for action is located in the planning, building permit and legal remedy procedures. In addition, legally abusive objections are to be curbed.
The most important measures in the areas that the Federal Council lists in its report are:
- Legally anchor housing construction in connection with inward development as a national interest
- Limited access to the Federal Supreme Court for construction projects within building zones (only legal issues of fundamental importance)
- Restriction of the right of private individuals to lodge an appeal at the Federal Supreme Court ("particularly affected") as well as in cantonal planning and building permit procedures
- Objection-specific standing for private individuals (only objections concerning their own protectable interest)
- Examination of a federal-law obligation for the cantons to provide for rules under which procedural costs in clear cases of legally abusive objections must be borne by the objectors
- Expansion of digitalisation*
- Publication of building applications only once the building application documents are complete*
- No suspension of limitation periods / no court recesses*
- More restrictive handling of extensions of limitation periods*
- Cantonal rectification procedure for easements (cf. Art. 126 of the Building Act from the Canton of Berne)*
- Expand resources: staff, finances, training*
- Automatic exchange of information between authorities*
The measures marked with * are to be implemented by means of recommendations to the cantons. Reminder: Art. 75 para. 1 of the Federal Constitution, the Confederation has only a basic legislative competence concerning spatial planning.
The following measures were rejected by the Federal Council:
- Cost liability for rejected objections (restriction of the right to be heard)
- Restriction of the possibility to challenge land-use plans from quality assurance procedures
- Obligation to conduct conciliation negotiations
- Automatic approval upon expiry of limitation periods
- Facilitation of compensations in the event of construction delays caused by objections
- Criminal provision against abusive objections
You can find more information in the media release and in the Federal Council’s report.