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RS 700 Federal Land Use Planning Act of June 22, 1979 (Land Use Planning Act, LAT)

Original Language Title: RS 700 Loi fédérale du 22 juin 1979 sur l’aménagement du territoire (Loi sur l’aménagement du territoire, LAT)

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700

Federal Land Use Planning Act

(Land Use Planning Act, LAT) 1

22 June 1979 (State 1 Er January 2016)

The Swiss Federal Assembly,

Having regard to art. 22 Cc And 34 Sexies Of the Constitution 2 , 3 Having regard to the message of the Federal Council of 27 February 1978 4 ,

Stops:

Title 1 Introduction

Art. 1 Goals

1 The Confederation, the cantons and the communes shall ensure a measured use of the soil and the separation between the constructible and non-constructible parts of the territory. 1 They coordinate those of their activities which have an impact on the organisation of the territory, and they are working towards an occupation of the territory to ensure harmonious development of the whole country. In carrying out their tasks, they take into account the natural data as well as the needs of the population and the economy.

2 They support efforts that are undertaken in particular for the purposes of:

A.
Protect the natural bases of life, such as soil, air, water, forest and landscape;
A Bis . 2
Guide the development of urbanization to the interior of the built environment, maintaining appropriate habitat quality;
B. 3
Create a compact built environment;
B Bis . 4
Create and maintain a supportive environment for the pursuit of economic activities;
C.
Promote the social, economic and cultural life of the various regions of the country and promote effective decentralization of urbanization and the economy;
D.
Ensure adequate sources of supply in the country;
E.
Ensure the overall defence of the country.

1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
2 Introduced by c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
3 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
4 Introduced by c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).

Art. 2 Obligation to develop the territory

1 For those of their tasks whose performance has an effect on the organisation of the territory, the Confederation, the cantons and the municipalities shall draw up planning plans by ensuring that they are reconciled.

2 They shall take into account the effects that their other activities may indirectly have on the organisation of the territory.

3 The authorities responsible for spatial planning shall ensure that the authorities who are subordinate to them are granted the freedom of assessment necessary for the performance of their tasks.

Art. 3 Principles governing development

1 The land use planning authorities take into account the following principles.

2 The landscape must be preserved. These include:

A. 1
To make sufficient good agricultural land available to agriculture, in particular, the area of agriculture;
B.
Ensure that individual and overall construction as well as facilities are integrated into the landscape;
C.
To keep the edges of lakes and rivers open and to facilitate public access to and access to shorelines;
D.
Conserve natural sites and territories for the purposes of decommissioning;
E.
To maintain the forest in its various functions.

3 The territories reserved for the habitat and the exercise of economic activities will be adapted to the needs of the population and their limited extent. These include:

A. 2
Aptly apportion housing and work places and plan them as a priority at sites that are adequately served by public transportation;
A Bis . 3
Take appropriate measures to ensure better use in areas such as brownfields, under-utilised surfaces or the potential for the densification of habitat surfaces;
B.
To preserve as much as possible the dwelling places for harmful or nuisance damage, such as air pollution, noise and hectic times;
C.
Maintain or create bicycle lanes and pedestrian paths;
D.
Ensure the conditions on which a sufficient supply of goods and services depends;
E.
To move into the built environment of many greenery and tree-growing areas.

4 It is important to determine according to rational criteria the implementation of public or public buildings and installations. These include:

A.
Take into account the specific needs of the regions and reduce the shocking disparities between them;
B.
Facilitate public access to schools, recreation centres and public services;
C.
To avoid or maintain at least the adverse effects of such settlements on the natural environment, the population and the economy.

1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
2 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
3 Introduced by c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).

Art. 4 Information and participation

1 The spatial planning authorities shall inform the public about the plans provided for in this Act, the objectives they are aiming for and the procedure.

2 They shall ensure that the public can participate adequately in the preparation of plans.

3 The plans provided for in this Law may be consulted.

Art. 5 Compensation and compensation

1 The cantonal law establishes a compensation scheme which allows for the fair consideration of the major advantages and disadvantages resulting from development measures.

1bis The benefits resulting from development measures are offset by a tax of at least 20 %. Compensation is payable when the land is constructed or disposed of. The cantonal law designs the compensation scheme so as to compensate at least the capital gains resulting from the sustainable classification of land in the zone to be built. 1

1ter The proceeds of tax are used to finance the measures provided for in para. 2, or other land use planning measures under s. 3, in particular paras. 2, let. A, and 3, let. A Bis . 2

1c In calculating the tax, the amount that is used within an appropriate time limit for the acquisition of a replacement farm building for personal use shall be deducted from the advantage resulting from a classification in the area to be built. 3

1d The cantonal law may provide for exemption from the tax in the following cases:

A.
It would be owed by a public community;
B.
Its expected product would be insufficient in relation to the cost of its collection.

1sexies In the case of real estate gains tax, the tax collected is deducted from the gain as part of the tax. 4

2 A fair compensation shall be granted where development measures provide for the right of ownership of the restrictions equivalent to an expropriation.

3 The cantons may prescribe the reference to the land register for the payment of compensation due as a result of restrictions on the right of ownership.


1 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
2 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
3 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
4 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).

Title 2 Management Measures

Chapter 1 Cantons' Management Plans

Art. 6 Basic studies

1 ... 1

2 In order to prepare their management plans, the cantons shall draw up basic studies in which they designate the parts of the territory which: 2

A.
Lend themselves to agriculture;
B.
Are distinguished by their beauty or value, are important for the purpose of decommissioning, or have a significant ecological function;
C.
Are seriously threatened by natural forces or nuisances.

3 In addition, the cantons describe in basic studies the state and development: 3

A. 4
Urban areas;
B.
Transport and communications, supply and public buildings and installations;
C. 5
Agricultural land.

4 They take into account the sectoral designs and plans of the Confederation, the management plans of the neighbouring cantons, regional development programmes and regional development plans.


1 Repealed by c. I of the PMQ on June 15, 2012, with effect from 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
2 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
3 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
4 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
5 Introduced by c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).

Art. 7 Collaboration between authorities

1 The cantons co-operate with the federal authorities and with those of the neighbouring cantons when their tasks compete.

2 Where the cantons do not agree with each other or with the Confederation on the coordination of their activities which have an effect on the organisation of the territory, it is open to them to request the application of the conciliation procedure (art. 12).

3 The cantons bordering the national border are working together with the authorities of the neighbouring regions of neighbouring countries where the measures they take can have effects beyond the border.

Art. 8 1 Minimum Content for Management Plans

1 All cantons shall draw up a master plan in which they shall specify at least:

A.
The course to be followed by the development of their territory;
B.
How to coordinate activities that affect the organization of the territory in order to achieve the desired development;
C.
A list of priorities and the means to be implemented.

2 Projects that have a significant impact on the land and environment must have been identified in the management plan.


1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).

Art. 8 A 1 Content of the management plan in the area of urbanization

1 In the area of urbanization, the management plan includes:

A.
The total size of the areas affected by urbanization, their distribution in the canton and how to coordinate their expansion at the regional level;
B.
How to coordinate urbanization and transport and ensure rational equipment to save the land;
C.
How to focus the development of quality urbanization within the built environment;
D.
How to ensure the compliance of areas to be built under the conditions of s. 15;
E.
How to strengthen urban requalification.

2 And 3 ... 2


1 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
2 Formerly art. 8, para. 2 and 3. Introduced by c. I of the LQ of 17 Dec. 2010 ( RO 2011 2913 ; FF 2007 5477 ). Repealed by Art. 24 hp. 2 of the March 20, 2015 PMQ on secondary residences, with effect from 1 Er Jan 2016 (RO) 2015 5657; FF 2014 2209).

Art. Mandatory Force and Adaptation

1 Management plans are binding on the authorities.

2 Where circumstances have changed, new tasks arise, or a better overall solution to development problems can be found, the management plans will be subject to the necessary adjustments.

3 Management plans will be reviewed in full every ten years and, if necessary, reworked.

Art. 10 Jurisdiction and procedure

1 The cantons regulate the competence and procedure.

2 They shall regulate the manner in which the communes, the other bodies which carry out activities having an effect on the organisation of the territory and the organisations for the protection of the environment, nature or the landscape which have the right to use the Meaning of s. 55 of the Environmental Protection Act of 7 October 1983 1 And art. 12 of the Federal Act of 1 Er July 1966 on the protection of nature and the landscape 2 Are called upon to cooperate in the development of management plans. 3


1 RS 814.01
2 RS 451
3 New content according to the c. II 2 of the 20 Dec LF. 2006, effective from 1 Er Jul. 2007 ( RO 2007 2701 ; FF 2005 5041 5081).

Art. 11 Approval by the Federal Council

1 The Federal Council shall approve the management plans and their adaptations if they are in conformity with this Law, in particular if they take adequate account of those of the tasks of the Confederation and of the neighbouring cantons Effects on the organisation of the territory.

2 The approval of the management plans by the Federal Council gives them binding force for the authorities of the confederation and for those of the neighbouring cantons.

Art. 12 Conciliation Procedure

1 If the Federal Council cannot approve a management plan or part of it, it shall order the opening of a conciliation procedure after hearing the parties concerned.

2 It prohibits any intervention which may adversely affect the outcome of the talks for the duration of the conciliation procedure.

3 Where no agreement has been reached, the Federal Council shall act no later than three years after the opening of the conciliation procedure.

Chapter 2 Specific Measures of Confederation

Art. 13 Sector Designs and Plans

1 In order to carry out its activities which have an impact on the organisation of the territory, the Confederation carries out basic studies; it establishes the necessary sectoral designs and plans and matches them.

2 It collaborates with the cantons and gives them knowledge in good time of its sectoral designs and plans and of its construction projects.

Chapter 3 Assignment Plans

Section 1 Purpose and content

Art. 14 Definition

1 Assignment plans regulate the mode of land use.

2 In the first place, they delimit the areas to be built, the agricultural areas and the areas to be protected.

Art. 15 1 Areas to be built

1 The areas to be built are defined in such a way that they meet the foreseeable needs for the next fifteen years.

2 Oversized building areas must be reduced.

3 The location and size of the areas to be built must be coordinated across the municipal boundaries in accordance with the goals and principles of spatial planning. In particular, it is necessary to maintain the drying surfaces and preserve nature and landscape.

4 New land can be classified as a building site if the following conditions are met:

A.
They are specific to construction;
B.
They are likely to be required for construction in the next fifteen years, even if all the opportunities for the use of the reserved areas have been exhausted and will be equipped and constructed at that time;
C.
Cultivable land is not fragmented;
D.
Their availability is legally guaranteed;
E.
They allow the implementation of the management plan.

5 The Confederation and the Cantons together develop technical guidelines for the classification of land in areas to be built, including how to calculate the area that meets the needs.


1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).

Art. 15 A 1 Availability of building land

1 The cantons shall, in cooperation with the municipalities, take the necessary measures to ensure that the areas to be built are used in accordance with their allocation, in particular by ordering land improvement measures such as land consolidation Land (art. 20).

2 The cantonal law provides that, if the public interest justifies it, the competent authority may impose a time limit on construction and, in the event of non-implementation, order the measures provided for by the cantonal law.


1 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).

Art. 16 1 Agricultural zones

1 The agricultural areas are used to secure the country's long-term supply base, to safeguard the landscape and the areas of decommissioning and to ensure ecological balance; they should be kept as much as possible free of all Construction due to the different functions of the agricultural area and include:

A.
Land which is suitable for farming or for horticultural production and is necessary for the fulfilment of the various tasks assigned to agriculture;
B.
Land which, in the general interest, must be exploited by agriculture.

2 It is important, as far as possible, to delineate continuous surfaces of a certain extent.

3 In their development plans, the cantons take adequate account of the different functions of agricultural areas.


1 New content according to the c. I of the PMQ of 20 March 1998, in force since 1 Er Seven. 2000 ( RO 2000 2042 ; FF 1996 III 485).

Art. 16 A 1 Constructions and facilities consistent with the allocation of the agricultural area

1 The following shall be in accordance with the allocation of the agricultural area to the buildings and installations which are necessary for the farming or producing horticulture. This notion of compliance may be restricted under s. 16, para. 3.

1bis The constructions and installations necessary for the production of energy from biomass or the associated compost facilities may be declared in accordance with the allocation of the zone and authorised in a farming operation if The biomass used is closely related to agriculture and the operation. Authorizations must be linked to the condition that these structures and facilities will only be used for authorized use. The Federal Council regulates the modalities. 2

2 Constructs and installations that are used for the internal development of an agricultural operation or a producing horticultural operation are consistent with the allocation of the area. The Federal Council regulates the modalities. 3

3 Construction and installations beyond the scope of what may be admitted for internal development may be declared in conformity with the allocation of the area and authorised when they are established in part of the agricultural area That the canton has designated for this purpose through a planning procedure.


1 Introduced by ch. I of the PMQ of 20 March 1998, in force since 1 Er Seven. 2000 ( RO 2000 2042 ; FF 1996 III 485).
2 Introduced by ch. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).
3 New content according to c. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).

Art. 16 A Bis 1 Facilities and facilities for the detention and use of horses

1 The construction and facilities necessary for the possession of horses are in accordance with the allocation of the area and authorised in an existing agricultural undertaking within the meaning of the Federal Act of 4 October 1991 on rural land law 2 If the company has pastures and a feed base mainly from the operation.

2 Firm floor space may be permitted for the use of horses held in the operation.

3 Facilities directly related to the use of horses, such as saddlery or dressing rooms, are permitted.

4 The Federal Council regulates the modalities.


1 Introduced by ch. I of the PMQ of March 22, 2013, in force since 1 Er May 2014 ( RO 2014 905 ; FF 2012 6115 6133).
2 RS 211.412.11

Art. 16 B 1 Prohibition of use and demolition 2

1 Constructs and installations that are no longer used in accordance with the assignment of the zone and which cannot be used for any other use under Art. 24 to 24 E Must stop being used. 3 This prohibition shall be lifted as soon as such buildings or installations may be reallocated to use in accordance with the assignment of the zone.

2 If the authorisation is limited in time or subject to a condition resolution, the buildings or installations must be demolished and the prior condition restored as soon as the authorisation lapses. 4


1 Introduced by ch. I of the PMQ of 20 March 1998, in force since 1 Er Seven. 2000 ( RO 2000 2042 ; FF 1996 III 485).
2 New content according to c. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).
3 New content according to the c. I of the PMQ of March 22, 2013, in force since 1 Er May 2014 ( RO 2014 905 ; FF 2012 6115 6133).
4 Introduced by ch. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).

Art. 17 Fields to Protect

1 Areas to be protected include:

A.
Rivers, lakes and shorelines;
B.
Landscapes of particular beauty, of great interest to the natural sciences or of great value as part of the cultural heritage;
C.
Typical localities, historic sites, natural or cultural monuments;
D.
Biotopes of animals and plants worthy of protection.

2 Instead of defining areas to be protected, the cantonal law may prescribe other appropriate measures.

Art. 18 Other areas and territories

1 The cantonal law may provide for other areas of assignment.

2 He or she may settle the case of unassigned territories or those whose assignment is deferred.

3 The forest area is defined and protected by forest legislation.

Art. 18 A 1 Solar installations

1 In the areas to be built and the agricultural areas, solar installations sufficiently adapted to roofs do not require an authorization according to Art. 22, para. 1. Such projects should simply be announced to the competent authority.

2 The cantonal law may:

A.
Designate specific types of areas to be built where the aesthetic aspect is minor, in which other solar installations may also be exempted from authorisation;
B.
Provide for an authorisation requirement in precisely defined types of areas to be protected.

3 Solar installations on cultural property or in natural sites of cantonal or national importance are still subject to authorisation to build. They shall not constitute a major infringement of such property or sites.

4 For the rest, interest in the use of solar energy on existing or new constructions prevails in principle on the aesthetic aspects.


1 Introduced by ch. II of the PMQ of 22 June 2007 ( RO 2007 6095 ; FF 2006 6027 ). New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 (RO 2014 899; FF 2010 959).

Art. 19 Equipment

1 A land is deemed to be equipped when it is served in a manner adapted to the intended use by means of access and by pipes to which it is possible to connect without any disproportionate costs for the supply of water and energy, As well as for the disposal of wastewater.

2 The areas to be built are equipped by the community concerned within the time frame of the equipment program, if necessary in a phased manner. The cantonal law regulates the financial participation of landowners. 1

3 If the community concerned does not team up the areas to be built within the time limits, it must allow landowners to equip their land themselves according to the plans approved by the community or allow them to advance the costs of the Equipment under the provisions of the cantonal law. 2


1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).
2 New content according to the c. I of the 6 Oct LF. 1995, in force since 1 Er April 1996 (RO 1996 965; FF 1994 III 1059).

Art. Regrouping

Where the implementation of assignment plans requires it, land consolidation may be ordered ex officio and, if necessary, executed by the competent authority.

Section 2 Effects

Art. Mandatory Force and Adaptation

1 Posting plans are binding on everyone.

2 Where the circumstances have changed significantly, the allocation plans will be subject to the necessary adjustments.

Art. Permission to Build

1 No construction or installation may be created or transformed without the authorization of the competent authority.

2 The authorisation shall be issued if:

A.
The construction or installation is consistent with the assignment of the area;
B.
The field is equipped.

3 Federal law and cantonal law may apply other conditions.

Art. Anticipated Exceptions within the Building Area

The cantonal law rules the exceptions provided for within the area to be built.

Art. 24 1 Predictable Exceptions Outside the Building Area

Notwithstanding s. 22, para. 2, let. A, authorisations may be issued for new buildings or installations or for any change of assignment if:

A.
The establishment of these buildings or installations outside the building area is imposed by their destination;
B.
There is no overriding interest in this.

1 New content according to the c. I of the PMQ of 20 March 1998, in force since 1 Er Seven. 2000 ( RO 2000 2042 ; FF 1996 III 485).

Art. 24 A 1 Change in assignment outside the building area that does not require transformation jobs

1 Where the change in the assignment of buildings and facilities located outside the building area does not require any conversion work within the meaning of s. 22, para. 1, the authorization must be granted under the following conditions:

A.
This posting change has no impact on land, equipment and the environment;
B.
It does not contravene any other Act of Parliament.

2 The authorisation shall be granted subject to a new decision taken ex officio in the event of changing circumstances.


1 Introduced by ch. I of the PMQ of 20 March 1998, in force since 1 Er Seven. 2000 ( RO 2000 2042 ; FF 1996 III 485).

Art. 24 B 1 Non-agricultural incidental activities outside of the building area

1 Where an agricultural undertaking within the meaning of the Federal Act of 4 October 1991 on Rural Land Law 2 Shall not subsist without additional income, processing work for the purpose of carrying out a non-agricultural ancillary activity close to the operation in existing buildings and installations may be authorised. 3 The requirement under s. 24, let. A, must not be satisfied.

1bis The ancillary activities which are, by their nature, closely related to the agricultural undertaking, may be authorised irrespective of the need for additional income; measured enlargements are eligible when the construction and Existing facilities are too small. 4

1ter In temporary operating centres, processing operations can only be authorized within existing buildings and facilities and only for incidental restoration or accommodation activities. 5

1c In order to avoid distortions of competition, non-agricultural ancillary activities must meet the same legal requirements and framework conditions as commercial or craft enterprises in comparable situations in the area to be built. 6

2 The ancillary activity can only be carried out by the operator of the agricultural undertaking or the person with whom he or she lives as a couple. The commitment of personnel preponderantly or exclusively to the ancillary activity shall be permitted only for ancillary activities within the meaning of para. 1 Bis In all cases, the work in this area of operation must be carried out by the family of the operator of the agricultural enterprise. 7

3 The ancillary activity must be mentioned in the land register.

4 Such ancillary activities are part of the farming undertaking and are subject to the prohibition of material sharing and fragmentation within the meaning of the art. 58 to 60 of the Federal Law of 4 October 1991 on rural land law 8 .

5 The provisions of the Federal Law on Rural Land Law in respect of non-agricultural ancillary undertakings do not apply to ancillary activities.


1 Introduced by ch. I of the PMQ of 20 March 1998, in force since 1 Er Seven. 2000 ( RO 2000 2042 ; FF 1996 III 485).
2 RS 211.412.11
3 New content according to c. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).
4 Introduced by ch. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).
5 Introduced by ch. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).
6 Introduced by ch. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).
7 New content according to c. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).
8 RS 211.412.11

Art. 24 C 1 Existing buildings and facilities located outside the area to be built and not in accordance with the zone allocation

1 Outside the area to be built, buildings and installations which may be used in accordance with their destination but which are no longer in conformity with the area's allocation shall in principle be guaranteed for the situation acquired.

2 The competent authority may authorise the renovation of such buildings and installations, their partial transformation, their measured expansion or their reconstruction, provided that the buildings have been legally erected or transformed. 2

3 The same applies to agricultural residential buildings and farm buildings that are contiguous to them and have been legally erected or transformed before the land is allocated to a non-constructible territory within the meaning of federal law. The Federal Council lays down provisions to avoid negative consequences for agriculture. 3

4 The modifications to the exterior aspect of the building must be necessary for a residential use meeting the usual standards or for energy cleaning, or for better integration into the landscape. 4

5 In all cases, the major requirements for spatial planning must be met. 5


1 Introduced by ch. I of the PMQ of 20 March 1998, in force since 1 Er Seven. 2000 ( RO 2000 2042 ; FF 1996 III 485).
2 New content according to the c. I of the LF of 23 Dec. 2011, effective from 1 Er Nov 2012 ( RO 2012 5535 ; FF 2011 6533 6547).
3 Introduced by ch. I of the LF of 23 Dec. 2011, effective from 1 Er Nov 2012 ( RO 2012 5535 ; FF 2011 6533 6547).
4 Introduced by ch. I of the LF of 23 Dec. 2011, effective from 1 Er Nov 2012 ( RO 2012 5535 ; FF 2011 6533 6547)
5 Introduced by ch. I of the LF of 23 Dec. 2011, effective from 1 Er Nov 2012 ( RO 2012 5535 ; FF 2011 6533 6547).

Art. 24 D 1 Dwellings unrelated to agriculture, buildings and facilities worthy of protection 2

1 The use of agricultural residential buildings in their substance may be authorized for habitation unrelated to agriculture. 3

1bis ... 4

2 The complete change in the assignment of buildings and facilities deemed worthy of protection may be authorized provided that: 5

A.
They have been placed under protection by the competent authority;
B.
Their long-term conservation cannot be assured in any other way.

3 The authorisations provided for in this Article may be granted only if: 6

A.
The construction or installation is no longer necessary for its prior use, that it lends itself to the intended use, and that it does not involve a replacement construction that would not be necessary;
B.
The exterior appearance and architectural structure of the building remain essentially unchanged;
C.
At most a slight extension of the existing equipment is necessary and all the additional infrastructure costs entailed by the complete change in the allocation of the construction or installation are the responsibility of the owner;
D.
The agricultural operation of the surrounding land is not under threat;
E.
There is no overriding interest in this.

1 Introduced by ch. I of the PMQ of 20 March 1998, in force since 1 Er Seven. 2000 ( RO 2000 2042 ; FF 1996 III 485).
2 New content according to the c. I of the PMQ of March 22, 2013, in force since 1 Er May 2014 ( RO 2014 905 ; FF 2012 6115 6133).
3 New content according to c. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).
4 Introduced by ch. I of the PMQ of 23 March 2007 ( RO 2007 3637 ; FF 2005 6629 ). Repealed by c. I of the PMQ of March 22, 2013, with effect from 1 Er May 2014 (RO 2014 905; FF 2012 6115 6133).
5 New content according to c. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).
6 New content according to c. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).

Art. 24 E 1 Detention of Animals as a Recreational

1 Transforming work is permitted in buildings and parts of uninhabited buildings that are preserved in their substance if they allow persons who live in the vicinity to hold animals for recreational purposes under conditions Respectful.

2 Within the framework of para. 1, new external facilities are permitted to the extent that the proper possession of the animals requires it. In order to ensure respect for animals, such facilities may exceed the minimum size prescribed by law provided that the major requirements for spatial planning are met and that the facility in question Be constructed in a reversible manner.

3 External installations may be used for the use of animals as leisure, provided that this does not result in changes or new impacts on the territory and the environment.

4 Fences that are used for grazing and that do not have a negative impact on the landscape are also permitted in cases where animals are held in a building area.

5 The authorisations provided for in this Article may be granted only if the conditions laid down in Art. 24 D , para. 3, are completed.

6 The Federal Council regulates the modalities. It shall, inter alia, define the relationship between the processing possibilities provided for in this Article and those laid down in Art. 24 C And 24 D , para. 1.


1 Introduced by ch. I of the PMQ of March 22, 2013, in force since 1 Er May 2014 ( RO 2014 905 ; FF 2012 6115 6133).

Section 3 Jurisdiction and procedure

Art. 25 Cantonal Competence

1 The cantons regulate the competence and procedure.

1bis They outsource their effects in all the procedures required to implement, transform or change the assignment of buildings and facilities. 1

2 For all construction projects located outside of the building area, the competent cantonal authority shall decide whether they are in conformity with the allocation of the area or whether a derogation may be granted. 2


1 Introduced by ch. I of the 6 Oct LF. 1995 (RO 1996 965; FF 1994 III 1059). New content according to the c. I of the PMQ of 20 March 1998, in force since 1 Er Seven. 2000 (RO 2000 2042; FF 1996 III 485).
2 New content according to the c. I of the PMQ of 20 March 1998, in force since 1 Er Seven. 2000 ( RO 2000 2042 ; FF 1996 III 485).

Art. 25 A 1 Principles of coordination

1 A coordinating authority is designated when the implementation or transformation of a construction or facility requires decisions from several authorities.

2 The coordinating authority shall:

A.
May take the necessary steps to conduct the proceedings;
B.
Ensures that all documents in the motion record are placed at the same time as the public inquiry;
C.
Collects detailed project opinions from all cantonal and federal authorities involved in the procedure;
D.
Ensures material agreement as well as, as a general rule, a joint or simultaneous notification of decisions.

3 Decisions must not be contradictory.

4 These principles are applicable by analogy to the assignment plan procedure.


1 Introduced by ch. I of the 6 Oct LF. 1995, in force since 1 Er Jan 1997 (RO) 1996 965; FF 1994 III 1059)

Art. 26 Approval of assignment plans by a cantonal authority

1 A cantonal authority approves the allocation plans and their adaptations.

2 It examines whether they are consistent with the Cantonal Management Plans approved by the Federal Council.

3 The approval of the allocation plans by the cantonal authority is binding on them.

Art. 27 Reserved Fields

1 If there is no plan of assignment or the adaptation of such a plan is necessary, the competent authority may provide for reserved areas in precisely defined territories. Within these areas, nothing should be undertaken to hinder the establishment of the assignment plan.

2 A reserved area may only be provided for up to five years; the cantonal law may extend this period.

Art. 27 A 1 Cantons restrictions on construction outside of the building area

Cantonal legislation may provide for restrictions on s. 16 A , para. 2, 24 B , 24 C And 24 D .


1 Introduced by ch. I of the PMQ of 23 March 2007 ( RO 2007 3637 ; FF 2005 6629 ). New content according to the c. I of the LF of 23 Dec. 2011, effective from 1 Er Nov 2012 (RO 2012 5535; FF 2011 6533 6547).

Title 3 Federal Contributions

Art. 28 1

1 Repealed by c. I of the LQ of Dec 13. 2002, with effect from 1 Er June 2003 ( RO 2003 1021 ; FF 2002 6482 ).

Art. Contribution to compensation for protective measures

The Confederation may contribute to the payment of compensation as a result of protective measures within the meaning of Art. 17, where such protective measures are of particular importance.

Art. Condition for the grant of other grants

Where, under other federal statutes, the Confederation allocates subsidies for measures that affect the organization of the territory, it requires that these be in accordance with the management plans approved by the Federal Council.

Title 4 Organization

Art. Cantonal Services

The cantons designate a service responsible for spatial planning.

Art. 32 Federal Land Use Planning Service

The competent service of the Confederation is the Federal Office for Territorial Development 1 .


1 New name according to the ACF of 17 May 2000 (unpublished).

Title 5 Legal protection

Art. 33 Cantonal law

1 Posting plans are being publicly investigated.

2 The cantonal law provides at least one avenue of appeal against decisions and assignment plans based on this Law and on the cantonal and federal enforcement provisions.

3 It provides

A. 1
That the quality to be used is recognized at least within the same limits as for the use of public law before the Federal Court;
B.
That a recourse authority at least has free review power.

4 Appeals against decisions of the cantonal authorities must be brought before a single appeal authority where s. 25 A , para. 1, is applicable. 2


1 New content according to the c. 64 of the Annex to the PMQ of 17 June 2005 on the TAF, in force since 1 Er Jan 2007 ( RO 2006 2197 1069; FF 2001 4000 ).
2 Introduced by ch. I of the 6 Oct LF. 1995, in force since 1 Er Jan 1997 (RO) 1996 965; FF 1994 III 1059)

Art. 34 1 Federal Law

1 Proceedings before federal authorities are governed by the general provisions of the federal procedure.

2 The cantons and municipalities shall have the right to appeal against decisions taken by the cantonal authority of the last instance and relating to:

A.
Compensation resulting from restrictions on the right to property (art. 5);
B.
Recognition of compliance with the assignment of the area of construction and facilities located outside the area to be built;
C.
Authorizations referred to in s. 24 to 24 D And 37 A . 2

3 The Federal Office of Agriculture has the right to appeal against decisions on projects that require drainage surfaces. 3


1 New content according to the c. 64 of the Annex to the PMQ of 17 June 2005 on the TAF, in force since 1 Er Jan 2007 ( RO 2006 2197 1069; FF 2001 4000 ).
2 New content according to c. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).
3 Introduced by ch. 5 of the annex to the PMQ of 22 March 2013, in force since 1 Er Jan 2014 ( RO 2013 3463 3863; FF 2012 1857 ).

Title 6 Final provisions

Art. 35 Time Limit for Establishing Assignment Plans 1

1 The cantons shall ensure that:

A. 2
...
B.
Assignment plans shall be drawn up on time, but no later than eight years after the entry into force of this Law.

2 ... 3

3 The plans for the assignment in force at the time of entry into force of this Law shall remain valid according to the cantonal law until approval by the competent authority of the plans established under that Act. 4


1 New content according to the c. II 27 of the LF of 20 March 2008 on the formal updating of federal law, in force since 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).
2 Repealed by c. II 27 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).
3 Repealed by c. II 27 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).
4 New content according to the c. II 27 of the LF of 20 March 2008 on the formal updating of federal law, in force since 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).

Art. 36 Cantonal Introductory Measures

1 The cantons shall lay down the requirements necessary for the application of this Law.

2 As long as the cantonal law has not designated other competent authorities, cantonal governments are allowed to take provisional measures, in particular to provide for reserved areas (Art. 27), and to enact restrictions on construction outside the area to be built (art. 27 A ). 1

3 As long as the plan of assignment has not demarcated the areas to be built, it is deemed to be an area of provisional building the part of the agglomeration which is already largely built, unless otherwise provided for in the cantonal law.


1 New content according to c. I of the PMQ of 23 March 2007, in force since 1 Er Seven. 2007 ( RO 2007 3637 ; FF 2005 6629 ).

Art. Temporary Assignment Fields

1 Where areas particularly favourable to the farming operation, landscapes or particularly noteworthy sites are directly threatened and safeguard measures are not taken within the time limit that the Federal Council has Field, it can delimit temporary assignment fields. Within these areas, nothing should be undertaken to prevent the establishment of an assignment plan.

2 Once an assignment plan is established, the Federal Council removes the temporary assignment area.

Art. A 1 Commercial buildings and facilities located outside the area to be built and not in accordance with the field assignment

The Federal Council defines the conditions to which changes in the allocation of construction and commercial facilities that have been erected prior to 1 Er January 1980 or which became contrary to the assignment of the area due to a change in the assignment plan.


1 Introduced by ch. I of the PMQ of 20 March 1998, in force since 1 Er Seven. 2000 ( RO 2000 2042 ; FF 1996 III 485).

Art. 38 1 Transitional provisions of the amendment of 17 December 2010

1 The cantons concerned shall adapt their management plan to the requirements of this Law within three years of the entry into force of this amendment and shall ensure, where appropriate, that the municipalities concerned take the measures Necessary within the same period, in particular through the establishment of annual quotas or a rate of principal residences, by the delimitation of special duty areas or by the levying of incentive fees.

2 At the end of this period, no new secondary residence will be authorised as long as the cantons and municipalities have not made the necessary arrangements.


1 RO 2011 899 ; FF 2007 5477 . New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 (RO 2014 899; FF 2010 959).

Art. 38 A 1 Transitional provisions of the amendment of 15 June 2012

1 The Cantons adapt their master plans to art. 8 and 8 A , para. 1, within five years of the entry into force of the amendment of 15 June 2012.

2 Until the approval of this adaptation of the management plan by the Federal Council, the total area of the legalised building areas must not increase in the canton concerned.

3 At the expiry of the period prescribed in para. 1, no new area to be built can be created in a canton until the adaptation of its management plan has been approved by the Federal Council.

4 Within five years of the entry into force of the amendment of 15 June 2012, the cantons shall establish fair compensation for the major advantages and disadvantages resulting from the requirements of Art. 5.

5 At the expiry of the period prescribed in para. 4, no new area to be built may be created in the cantons which do not have a fair compensation scheme that meets the requirements of Art. 5. The Federal Council appoints these cantons after having heard them.


1 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2014 899 ; FF 2010 959 ).

Art. 39 Referendum and entry into force

1 This Law shall be subject to the optional referendum.

2 The Federal Council shall fix the date of entry into force.


Date of entry into force: 1 Er January 1980 5


RO 1979 1573


1 New content according to the c. I of the 6 Oct LF. 1995, in force since 1 Er Jan 1997 (RO) 1996 965; FF 1994 III 1059).
2 [RS 1 3; RO 1969 1265, 1972 1509]. At disp. Currently referred to correspond to s. 41, 75, 108 and 147 of the Cst of 18 April 1999 (RS 101 ).
3 New content according to the c. I of the 6 Oct LF. 1995, in force since 1 Er Jan 1997 (RO) 1996 965; FF 1994 III 1059).
4 FF 1978 I 1007
5 ACF of Nov. 14, 1979


State 1 Er January 2016