Rs 700.1 Order Of 28 June 2000 On The Development Of The Territory (Oat)

Original Language Title: RS 700.1 Ordonnance du 28 juin 2000 sur l’aménagement du territoire (OAT)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
700.1 order on the development of the territory (OAT) of June 28, 2000 (Status January 1, 2016) the Swiss federal Council, given the Federal law of June 22, 1979 on the planning (LAT);
stop: Chapter 1 Introduction art. 1 activities having effects on the Organization of the territory means activities having effects on the Organization of the territory the activities that alter the land use or occupation of the land or that are intended to keep them in the State.
The Confederation, the cantons and the communes exercise activities including when they: a. establish or approve management plans and plans of assignment, designs and plans as well as the basic studies preceding them; b. develop or projects of construction or transformation of structures, works or public facilities or public interest or use such constructions or facilities; c. grant concessions or authorizations for constructions and facilities or related in another way the use of the ground (permissions of DeForest, water rights, prospecting rights, rights in terms of transport, etc.); d. allocate subsidies for the construction or operation of buildings, structures or facilities, serving particularly in the protection of water, transport, supply or residential purposes, as well as for land improvements, corrections of watercourses or protective measures.

Art. 2 planning and coordination of activities with effects on the Organization of the territory during the planning of activities having effects on the Organization of the territory, the authorities examine in particular, in view of the desired spatial development: a. What are the needs of land for the exercise of these activities; b. what possibilities and variants of solution are taken into account; c. If these activities are compatible with the purposes and principles of the development of the territory; d. which possibilities allow to ensure use measured from the ground, to minimize damage to the environment and to achieve a more rational occupation territory; e. If the chosen solution is compatible with requirements of the Confederation, the cantons, regions and the common related to the use of the ground, especially with plans and assignment plans and plans.

The authorities determine the impacts of their activities on the Organization of the territory and to inform each other in good time.
They coordinate those of these activities which are incompatible, competing, interrelated or complementary.

Art. 3 weighing of the interests at stake when, in the performance and coordination of tasks with effects on the Organization of the territory, the authorities have discretion, they are required to weigh the interests involved. In doing so, they: a. determine the interests concerned; b. appreciate these interests including based on the desired spatial development and implications resulting; c. to base their decision on that assessment, to take into account, to the extent possible, all of the interests concerned.

They expose their weighting in the reasoning for their decision.

Chapter 2 Plan cantonal Director art. 4 basic studies basic studies include studies and sectoral plans (art. 6, para. 2 and 3, LAT); they in particular to separate the territory to urbanize that should not be.
Studies and sectoral plans highlight, for the different areas of the development of the territory, the data of fact and law as well as conflicts of use predictable; they contain an assessment of the possible developments in a global perspective.


New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
Repealed by no I of O from 2 Apr. 2014, with effect from May 1, 2014 (RO 2014 909).

Art. 5 contents and structure the present management plan spatial development wished as well as, to the extent where they have a significant influence in this area, the results of studies of cantonal planning and collaboration of the canton with the Confederation, the neighbouring cantons and regions of neighbouring countries; It determines the future direction of planning and co-operation between authorities, including the requirements to be met during the assignment of the ground and the coordination of the different sectoral areas; It defines the steps required.
It shows: a. how activities having effects on the Organization of the territory are coordinates (set coordination); (b) what are the activities affecting the Organization of the territory which are not yet coordinated and arrangements should take to do so in time useful (ongoing coordination); c. What are the activities affecting the Organization of the territory which may have a significant impact on the use of the land but are not defined with sufficient specificity so that a dialogue can take place (prior information).

New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).

Art. 5aPrescriptions of the blueprint for building zones in addition to the items listed in art. 8, art. 1, LAT, the Township indicates in its master plan what evolution of the resident population and jobs it takes into consideration to determine its needs in areas to build.
If evolution supposed growth is higher than that of the average population development scenario established by the federal Office for statistics (OFS), it is taken into account to determine the total area needs to build Township in competition of the high scenario of the SFO. If it exceeds the high scenario, it is taken into consideration only if one of the following conditions is met: a. real development confirmed; b. it concerns the number of jobs and the canton demonstrates in the blueprint that his assumptions are more plausible than the assumptions underlying the scenarios of the SFO for the growth of the resident population.

In its development plan, the canton gives mandates to: a. to periodically check the dimension and location of building zones and to take the necessary measures; b. to build and densify effectively saving ground and building existing or newly created zones; c. ensure surfaces scheduled for decommissioning; d. use in time by management measures , but no later than five years after the definition of management measures, enforcement if substituting the commune concerned took no decision on implementation.

The cantons having areas to build oversized indicate in addition by what and how soon they will meet the requirements of art. 15 LAT. If building zones are significantly oversized, the canton imposes the requirements necessary to reduce overall.

Introduced by section I of O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).

Art. 6 form the blueprint comes in the form of a map and text bound by a system of cross-referencing.
The map gives an overview of all sectoral areas and presents projects under the master plan, in their spatial context. As a general rule, it is established to the scale 1:50 000.
The text is, for each sectoral areas and individual projects, the requirements to be met during the continuation of the work in which concerns the spatial conditions, staggered in time and the Organization to put in place; It also includes guidance on planning instruments and financial means.
To facilitate the understanding of the management plan, the map and text show spatial and functional relations between the proposed measures and the current use of the ground (database), showing including: a. construction and existing facilities; b. plans and regulations in force.

Art. 7 explanatory report the cantons provide information: a. on the conduct of the Director plan work, particularly on information and participation of the population and on the collaboration with the municipalities, regions, the neighbouring cantons, neighbouring regions of neighbouring countries and federal services which operate with effects on the Organization of the territory (federal services); (b) on the relations between sectoral areas basic studies and individual projects.

Art. 8Directives the federal Office of spatial development (ARE) shall adopt, after consultation with the cantons and the federal services, the technical guidelines for the preparation of management plans.

New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).

Art. 9 collaboration the cantons provide information ARE at least every four years on the State of planning Director, on the progress of its implementation and the essential changes of basic studies.
If the cantons want to adapt or redesign their master plan (art. 9, para. 2 and 3, LAT), they inform the AER.

AER advises and supports the cantons in the establishment and adaptation of their master plan; It transmits information federal services and the cantons and puts them in relation with each other.
It may conclude administrative agreements with the cantons on behalf of the Federal Government, to address this collaboration.

New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
New expression according to section I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909). This mod has been taken throughout the text.

Art. 10 review the ARE directs the procedure for review of cantonal master plan and its amendments and leads to this effect the necessary talks with the canton and the federal services.
It establishes a summary report.
The cantons may submit their plan to the screening of the AER.
The duration of the screening and review of the complete file should not, as a general rule, exceed six months altogether in the case of adaptation and twelve months altogether in the case of complete revision of the master plan.

Introduced by section I of O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).

Art. 11 approval after hearing the canton and neighbouring townships, the federal Department of the environment, transport, energy and communications (DETEC) offers the federal Council to approve the cantonal master plan and its amendments, or to order the opening of a conciliation procedure (art. 12 LAT).
When changes are no opposition, DETEC approves them.
If the cantons alter elements of the management plan within the conditions laid down by it (updated), just that they communicate it without delay to the AER.

New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
New expression according to section I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909). This mod has been taken throughout the text.

Art. 12 request for accommodation neighbouring cantons can request to the canton to adapt its master plan (art. 9, para. 2, LAT); Federal services can make the same request through DETEC.
If the application is approved by the canton, the approval procedure is applied; If it rejects it, DETEC proposes to the federal Council to order the opening of a conciliation procedure (art. 12 LAT).

Art. 13 request for opening of a conciliation procedure the canton, neighbouring cantons and the federal services can request at any time to DETEC the opening of a conciliation procedure (art. 7, para. 2, and 12 LAT).
DETEC forwards the request to the federal Council with a proposal indicating who should participate in the negotiations and how to proceed in the case.
If no agreement is reached, DETEC submits to the Federal proposals for ruling (art. 12, para. 3, LAT).

Chapter 3 the Confederation Section 1 designs special measures and sectoral plans art. 14 purpose and content the Confederation established designs and sectoral plans for planning and coordinating those activities that have a significant impact on the territory and the environment.
In its designs and its sectoral plans, Confederation shows how it intends to make use of his freedom of appreciation planning; She sets including: a. the objectives in the field in question and how it intends to match with each other and with those of the Organization of the territory; ETB. priorities, modalities and the means envisaged to operate spatial impact.

Sectoral plans in addition contain concrete indications concerning spatial conditions and the staggering in time and special requirements to the attention of the federal authorities competent.

Art. 15 requirements as to form and content concrete indications on the spatial conditions both the form of a text and maps.
The text and maps contain binding information that can be classified in the categories 'set coordination', 'current coordination' and 'advance information' (art. 5, para. 2); they may need to understand other information. They provide information also on spatial and sectoral data (basic data) necessary to the understanding of the indications binding.
A particular project can be stopped as a 'set coordination': a. that if it meets a need; b. that if any other locations were considered and that if the relevant location is the best solution; c. If the major impact of the project on the territory and the environment can be assessed in a way that corresponds to this level of planning; ETD. If it appears in line with the relevant legislation.

Art. 16 explanatory report in the explanatory report, the competent federal service provides information in particular on: a. the object and the conduct of planning; b. the way he held account various interests in presence (art. 3); c. the results of collaboration (art. 18) and the procedures for consultation and participation (art. 19).

Art. 17 development and adaptation the competent federal service is developing designs and plans, their adaptations and the necessary background studies in close collaboration with the AER. In doing so, it takes into account the planning Director the cantons.
AER lend its good offices in case of differences between federal services or between the Confederation and the cantons. It establishes for DETEC who introduced the proposal if the conditions are met for planning in question can be adopted as a design or plan within the meaning of art. 13 LAT.
The competent federal service and ARE jointly make available financial and human resources necessary for this work according to an allocation key set case by case.
When the circumstances are changed, new tasks present themselves or is it possible to find a solution best overall, designs and plans are reviewed and, if necessary, completely redesigned or adjusted.

Art. 18 collaboration in order to identify conflicts that might arise during the planning process and then resolved by mutual agreement, the competent federal service strives to obtain as soon as possible the collaboration: a. of the authorities of the Confederation, cantons and adjacent areas of neighbouring countries; (b) the organizations and persons of public law and private law concerned who do not belong to the administration When they assume public tasks.

If a cantonal master plan in effect prevents or hinders the achievement of the objectives covered by a sectoral plan disproportionately, the canton and the competent federal service coordinate procedures for adaptation of the master plan and the sectoral plan.

Art. 19 consultation with the cantons and municipalities; information and participation of the population the competent federal service puts the project design or sectoral plan for the cantons concerned. He tells them, moreover, how to ensure the information and participation of the population by means of announcements in official bodies for the sector plan items that will concretely affect the location.
The cantonal service responsible for planning the consults cantonal, regional services and interested municipal and ensures that adequate participation of the population is maintained.
Costs of announcements in official bodies are the responsibility of the competent federal service.
The project design or sectoral plan is being a public repository for 20 days at least. The consultation procedure lasts three months. In the case of modifications of designs or plans, this is reduced appropriately.

New content according to section II 1 O on June 24, 2009, in effect since Sept. 1. 2009 (2009 3507 RO).

Art. 20 conciliation before the adoption of the design or of the sectoral plan by the federal Council, the cantons receive the possibility of raising the contradictions which still remain with the cantonal Director planning.
If these contradictions cannot be eliminated, a conciliation procedure may be requested prior to the adoption of the design or of the sectoral plan.
The provisions relating to the procedure of conciliation provided for cantonal master plans (art. 7, para. 2, and 12 LAT; art. 13 OAT) apply by analogy. The procedure must be completed as soon as possible.

Art. 21 adoption the federal Council adopts the designs and plans sectoral as well as their adaptations on the basis of a proposal from the appropriate Department.
Within the limits of her freedom of assessment planning, it ensures in particular:

a. design or plan complies with the requirements of the law of the land and of the special right; b. that any contradictions with other designs and plans of the Confederation and with master plans cantonal in force have been eliminated; c. than design or plan takes into account adequately other activities on spatial impact of the Confederation and the cantons.

It approves the corresponding adaptations of cantonal if possible master plans as it adopts the design or plan.
When the adaptation of an existing sectoral plan does not lead to new conflicts and has no significant impact on the territory and the environment, it can be adopted by the relevant Department.

Introduced by no II 1 of O on June 24, 2009, in effect since Sept. 1. 2009 (2009 3507 RO).

Art. 22 binding designs and plans are binding on the authorities.
They are also binding for organizations and those who do not belong to the administration, when they assume public tasks in public law or private law.
The authorities are bound by a particular project classified in category 'coordination set' as far as the impact on the territory and the environment could be properly appreciated in view of the basic studies of the sectoral plan and the plans of the Confederation and the cantons available at the time of the classification in that category.

Art. 23 relations between sectoral plans and the cantonal master plans provisions of a sector plan that relate to the realization of a specific project are binding for the cantons if Confederation stopped in virtue skills him under the constitution and the law in the area in question.
If the adaptation of a cantonal master plan is based on the provisions of a sector plan, the Confederation takes note as an update.

Section 2 Information and coordination section 24 information of the cantons Confederation periodically establishes an overview of designs and sectoral plans, basic studies for the cantons are related and federal construction projects.

Art. 25 coordination when they allocate grants, approve plans or grant permissions or concessions relating to measures having an impact on the Organization of the territory, federal services review if the obligation to develop has been correctly filled in view of the decision to be taken.
If a master plan needs to be adapted, the AER coordinates procedures between the Confederation and the canton.

Chapter 4 Surfaces of rotation art. 26 the surfaces of rotation are part of the territory which lends itself to agriculture (art. 6, para. 2, let. a, LAT); They consist of cultivable land including foremost open lands, infill artificial grasslands and arable natural meadows. They are backed by planning measures.
The surfaces of rotation are delineated according to weather conditions (vegetation period, precipitation), characteristics of the soil (ploughing, degrees of fertility and moisture) as well as the lay of the land (gradient, possibility of mechanized operation). The need to ensure ecological compensation must also be taken into account.
A minimum total area of crop rotation is intended to ensure the country a sufficient, as supply base required the food plan, in the event where the supplies would be disrupted.

Art. 27 setting indicative figures by the Confederation the DETEC and the federal Department of the economy, training and research determine, in the form of indicative figures, the minimum total area of cropland and its distribution between the cantons; the decision is published in the Federal Gazette.
The federal Office for agriculture informed the townships of studies and plans on which these figures are based.

New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).

Art. 28 cantonal records during the development of their management plan (art. 6 to 12 LAT), the cantons circumscribe the surfaces of rotation referred to in art. 26, al. 1 and 2, as part of the delimitation of the other parts of the territory which lend themselves to agriculture.
They set the surfaces of rotation by commune, transfer them on maps, amount them and indicate the exact location, scale, and quality; They also show those of these surfaces, which are located in areas to build not equipped or in other areas not assigned to agriculture.

Art. 29 sectoral plan of Confederation the Confederation fixed in the sectoral plan of the surfaces of rotation the minimum total area of cropland and its distribution between the cantons.

Art. 30 guarantee of surfaces of rotation the cantons ensure that the surfaces of rotation are classified into agricultural areas; they indicate in their blueprint measures to this effect.
Surfaces of rotation cannot be classified in area to build that: a. when a goal that the canton also believes cannot be meaningfully achieved without resorting to the surfaces of rotation; ETB. where it can be assured that the requested surfaces will be used optimally according to the State of knowledge.

The cantons ensure that their share of the total minimum crop rotation (art. 29) is guaranteed in a sustainable way. If this part cannot be guaranteed outside building zones, they provide for restricted areas (art. 27 LAT) to sis not equipped territories in areas to build.
The federal Council may define areas of temporary character assignment (art. 37 LAT) to ensure the surfaces of rotation located in areas to build.
The cantons to follow the changes that affect the location, extent and quality of the surfaces of rotation; They provide information on these changes ARE at least every four years (art. 9, para. 1).

Introduced by section I of O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).

Chapter 5 Section 1Dimension total allocation of building zones Plans of the canton art. 30a maximum area of area to build used per capita and per job full-time equivalent a canton can post in the assessment of its residential areas, mixed areas and central areas within the meaning of art. 15, al. 1 and 2, LAT is the value obtained for the communes of the canton. If, for a joint, this value is greater than the value reached by half of comparable territorial entities, the calculation should use this last value.
New areas of economic activity requires the introduction by the canton of management areas ensure that, overall, their rational use.
DETEC is responsible for the development of the guidelines provided for in art. 15, al. 5, LAT with the cantons.

Section 2 equipment art. 31 overview of the State of the equipment for the tasks the law, federal and cantonal, imposed on them by equipment, public authorities establish an overview of the State of the equipment.
The preview shows the parts of the building zone construction-specific, given the planning and equipment made, or who are likely to be in five years if the work continued according to the established programme.
Local authorities follow the development of the construction, determine use reserves in the territories already widely built and maintain the preview to update.
The preview can be accessed by anyone.

Art. 32Mesures of the cantons the cantonal authority ensures that public authorities fulfil tasks that their responsibilities in terms of equipment and necessary range equipment.
A canton must not total more than equipped areas to build than those corresponding to the needs of the next 15 years according to the average growth of the SFO scenario.
When building zones are not equipped by public authorities within the time provided by the equipment program, the cantonal authority considering whether it is necessary to adjust shift plans.

New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).

Section 3Installations solar art. 32 solar Installations provided authorization a solar installations are considered sufficiently adapted to roofs (art. 18, para. 1, LAT) if the following conditions are met: a. they are not parts of the roof perpendicular over 20 cm; (b) they do not exceed the roof, seen from the front and the top; c. they are little reflective depending on the State of technical knowledge; d. they form a surface from a single source.

The concrete based on cantonal law dealing with integration of those facilities provisions when they are proportionately the advocacy of protection justified and do not limit the exploitation of solar energy more strictly than the al. 1.

Projects exempt from authorization should be announced before the start of the work to the authority issuing building permits or other authority declared to receive the announcements by cantonal legislation. Cantonal legislation sets time limit in which the announcement must be made and specific plans and other documents must be attached.

Art. 32b solar Installations on cultural property are considered to be property of cantonal or national importance (art. 18, para. 3, LAT): a. cultural goods within the meaning of art. 1, let. a and b, of the order of October 29, 2014, on the protection of cultural property in the event of armed conflict, disaster or emergency;
b. the perimeters, sets and individual items listed in the federal inventory of sites built of nationally protected in Switzerland and with a goal of backup; c. cultural property of national or regional significance listed in other inventory adopted by the Confederation on the basis of the Federal law of July 1, 1966, on the protection of nature and landscape (LPN); d. cultural property of national or regional significance faced by federal contributions within the meaning of art. 13 LPN were granted; e. buildings and facilities within the scope of application of art. 24 d, al. 2, LAT or art. 39, al. 2 of this order because of the protection that they enjoy; f. objects that are referred to in the master plan approved by the Confederation, as cultural property of cantonal importance within the meaning of art. 18, art. 3, LAT.

New content according to no II 3 of the annex to the O of 29 October. 2014 on the protection of cultural property in the event of armed conflict, disaster or emergency, in force since January 1, 2015 (RO 2014 3555).
RS 520.31 map of the objects can be viewed for free on the site of the coordinating body of the geo-information at the federal level to the following address: map.geo.admin.ch > Geocatalogue > Population and economy > society and culture > federal inventory ISOS.
RS 451 Section 4 small entities developed out of the area to build art. 33. for the maintenance of small urban entities located outside the area to build, special areas within the meaning of art. 18 LAT, such as areas of hamlets or maintaining rural habitat areas, can be delimited if the map or the text of the cantonal plan (art. 8 LAT) provides.

Section 5 compliance to the assignment of the agricultural zone art. 34 buildings and facilities up to the assignment of the agricultural zone: terms and conditions (art. 16, para. 1-3, LAT) are consistent with the assignment of the agricultural zone buildings and facilities which are used dependent on the soil exploitation or internal development, or who are - in parts of the agricultural zone designated for this purpose in accordance with art. 16, art. 3, LAT - required operation exceeding the limits of internal development and which are used for: a. the production of foodstuffs suitable for consumption and processing and from the culture of plants and livestock care; b. exploitation of surfaces that are close to their natural state.

Are also consistent with the allocation of the area the buildings and facilities that are used in the preparation, storage or sale of agricultural or horticultural products: a. If the latter are produced in the region and that more than half of them come from exploitation where such constructions and facilities or of belonging to a community of production operations; (b) if the preparation storage or sale does not have an industrial character; etc. If exploitation where such constructions and facilities retains its agricultural or horticultural character.

Are finally comply with the assignment of area buildings serving housing essential farm business, including housing for the generation who is retiring.
An authorization may be issued only: a. If the construction or installation is necessary for the operation in question; b. If no overriding interest opposes implementation of construction or installation in the space provided; etc if it is foreseeable that exploitation can survive long term.

The constructions and facilities serving agriculture practiced as a hobby are not deemed consistent with the assignment of the agricultural zone.

Art. 34aConstructions and facilities necessary for the production of energy from biomass (art. 16, para. 1 LAT) are eligible buildings and facilities required for: a. fuel or fuel production; b. power generation by coupling heat and power from the fuel or fuel generated; c... .d. pipes for the transport of the energy produced to the appropriate users as well as the delivery of biomass and the evacuation of the residues of the production of energy; e. the treatment flow biomass and residues for energy production.

Are also eligible buildings and facilities for the production of heat from woody biomass and distribution of the heat if: a. the necessary facilities are placed in Central buildings within the farm and which are no longer used for agriculture; ETB. the constituent parts of these facilities meet current standards of high efficiency.

Used substrates must be at one-half at least their mass exploitation itself or remote agricultural businesses, as a general rule, 15 km by road. This party must represent 10% at least of the energy value of all used substrates. The sources of other biomass substrates must be located, as a rule, at a distance of 50 km per road. Longer distances can be authorized on an exceptional basis.
The complete installation must be subordinated to the farm and contribute to effective use of renewable energy.
The conditions of art. 34, al. 4, must be met.

Introduced by section I of O from 4 July. 2007, in force since 1 sept. 2007 (2007 3641 RO).
Repealed by section I of O from 10 oct. 2012, with effect from Nov. 1. 2012 (2012 5537 RO).
Introduced by section I of O from 10 oct. 2012, into force since Nov. 1. 2012 (2012 5537 RO).

Art. 34bConstructions and facilities for detention and the use of horses (art. 16A LAT) are considered to be of farm businesses, companies within the meaning of art. 5 or 7 of the Federal Act of 4 October 1991 on rural land law (LDFR).
In existing farms which do not meet the conditions laid down in art. 5 or 7 LDFR relating to the standard labour units, conversion work intended for the detention of horses in buildings and facilities and the outdoor facilities necessary for a decent detention of animals may be authorized when a forage base largely from exploitation and pasture for the detention of horses are available.
The landscaped enclosure of way to allow animals to move freely every day and in all weather in the sense of art. 2, al. 3, let. f, of the Ordinance of 23 April 2008 on the protection of animals (exit all seasons area) must meet the following conditions: a. it must be adjacent to the stable; where this is not possible, a possible place for the use of the horses must also serve to exit all seasons playground. If the number of horses requires a range of additional output, it can be separated from the stables; b. insofar as the area of exit all seasons exceeds the minimum surface provided by the legislation on the protection of animals, the consolidation of the soil must be eliminated without great effort; the area of exit all seasons however cannot exceed the recommended surface by legislation on the protection of animals.

Tickets for the use of horses, such as the riding ground, lunging rings or carousels: a. may not be assigned to the use of horses held on exploitation; b. can be used in common by several companies; c. may have at most a surface of 800 m; carousels are not included in the calculation of the surface; d. should be located in close proximity to buildings and facilities operations; e. cannot be covered or surrounded by walls; for carousels, coverage of the course qualifies; f. may include an appropriate lighting system; g. must not be fitted with speakers and h. must be eliminated without great effort.

New buildings for housing in relation to the detention and the use of horses is not eligible.
Moreover, the conditions laid down in art. 34 must be completed.

Introduced by section I of O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
RS 211.412.11 RS 455.1 art. 35 buildings and facilities for the transit of animals guard


A building or a facility for the care of animals and one physical person owns can be erected for several operations: a. If the farms are a community of operation or a partial community of operation recognized by the competent cantonal authority; (b) if the contract signed by all members of the community is attached to the application; etc. If the minimum duration of the contract is of ten years at the time of granting of permission to build.

New content according to section III of the O from 26 nov. 2003, in force since Jan. 1. 2004 (RO 2003 4873).

Art. 36 internal development in the field of the care of animals is considered to be an internal development (art. 16, para. 2, LAT) the construction of buildings and facilities for the care of animals according to a mode of production independent of the ground when: a. the gross margin of the ground's independent production sector is lower than that of the soil-dependent production. forgotten the source. the potential dry matter of plant culture represents at least 70% of dry matter of the animals needs.

The comparison of gross margins and dry materials must be made according to standard values. Otherwise, we will use comparable criteria of calculation.
The test of gross margin results in internal development potential than the criterion of dry materials, if, in any case, ensure that the 50% of the dry matter of the animals needs covered.

New content according to chapter I of the O from 4 July. 2007, in force since 1 sept. 2007 (2007 3641 RO).

Art. 37 internal development in the field of gardening and horticulture producing building constructions and facilities to vegetable gardening and horticulture according to an independent production of the ground is deemed to be internal development (art. 16, para. 2, LAT) if the independent production of the ground surface does not exceed 35% of the market garden or horticultural area cultivated and is not more than 5000 Mr. production is deemed independent of the ground if there is not sufficiently close connection with the ground.

New content according to chapter I of the O from 4 July. 2007, in force since 1 sept. 2007 (2007 3641 RO).

Art. 38 buildings and facilities beyond the scope of what can be admitted to the internal development the cantons determine, in the development of their master plan or legislated requirements during the delimitation of areas within the meaning of art. 16, art. 3, LAT; in this regard, the purposes and principles set out in art. 1 and 3 LAT are crucial.

Section 6Exceptions for constructions and facilities outside the area to build art. 39 construction in the territories traditionally scattered habitat and buildings protected as characteristic elements of the landscape in the traditionally dispersed habitat territories that are designated in the cantonal master plan and in which, in view of the desired spatial development, permanent habitat needs to be strengthened, the cantons may allow, in respect of buildings whose implantation is imposed by their destination (art. 24 Let's. a, LAT): a. use change, to residential purposes unrelated to agriculture, existing buildings with dwellings, if the building after transformation is inhabited year-round; b. use change of buildings or complexes of buildings with dwellings, for purposes serving the small craft and local trade (e.g. cheese dairies, processors of the wood) mechanical workshops, the sale, retail, cafes); generally speaking, the part reserved to the craft or trade should not occupy more than half of the construction or the existing building complex.

The cantons may allow, in respect of buildings whose implantation is imposed by their destination, use of existing structures change, protected as a characteristic elements of the landscape: a. If the landscape and buildings form a together worthy of protection and that they were placed under protection as part of a plan trust; (b) if the appearance of such landscape depends on maintaining these buildings; c. If conservation long-term of these constructions can be assured of a Another way; ETD. If cantonal master plan sets out the criteria for judging if the landscapes and buildings are worthy of protection.

Permissions can be granted on the basis of this article only if the external appearance and the architectural structure of the building remain unchanged for the most part.
Authorization based on para. 2 shall cease to apply if the building or, if this is the responsibility of the owner, the surrounding landscape is no longer worthy of protection.
In the event of illegal modification made in a landscape within the meaning of para. 2, a cantonal authority ensures that a decision of reclamation in accordance with the law is taken and executed.

New content according to chapter I of the O from 10 oct. 2012, into force since Nov. 1. 2012 (2012 5537 RO).
Introduced by art. 7 o of 22 August 2012 on second homes (RO 2012 4583). New content according to art. 12 ch. 2 of 4 Dec o. 2015 on second homes, in effect since Jan. 1. 2016 (2015 5669 RO).
Introduced by art. 7 o of 22 August 2012 on second homes (RO 2012 4583). New content according to art. 12 ch. 2 of 4 Dec o. 2015 on second homes, in effect since Jan. 1. 2016 (2015 5669 RO).

Art. Non-farm accessories 40activites (art. 24b LAT) approval of a non-agricultural secondary activity presupposes: a. that it is carried out in the central buildings of the farm business; (b) that it is designed in such a way that the operation of the farm is assured; c. that the agricultural character of the farm remains largely unchanged; d. that we're in the presence of an agricultural enterprise within the meaning of art. 5 or 7 of the Federal Act of 4 October 1991 on rural land law.

The evidence that the survival of the company depends on a back further (art. 24b, para. 1, LAT) must be made by means of a management concept.
Are considered as ancillary activities closely related to the farm business: a. benefits of the farm such as meals at the farm, the nights in the straw, guesthouses, hay baths; b. sociotherapeutiques and educational benefits for life and, as far as possible, work on the farm are a vital component.

If the space available for an ancillary activity is not agricultural within the meaning of art. 24b, al. 1, LAT is insufficient in the constructions and installations, constructions related or securities can be allowed up to a surface of 100 m if the conditions for authorisation within the meaning of art. 24b LAT are no longer met, the authorization lapses. This is the competent authority by a decision. On request, it will be decided in the context of a new authorisation procedure if non-agricultural secondary activity may be authorized under another provision.

New content according to chapter I of the O from 4 July. 2007, in force since 1 sept. 2007 (2007 3641 RO).
SR 211.412.11 art. 41Champ of application of art. 24 LAT art. 24 LAT is applicable to buildings and facilities that have been built or transformed legally before the award of the land to a non buildable land within the meaning of federal law (buildings and facilities built according to the old law).
It is not applicable to buildings and agricultural facilities isolated and uninhabited.

New content according to chapter I of the O from 10 oct. 2012, into force since Nov. 1. 2012 (2012 5537 RO).

Art. 42. changes to the buildings and facilities built according to the old law a transformation is considered partial and expansion is considered to be measured when the identity of the construction or installation and its surroundings is respected for the most part. Are admitted aesthetic improvements.
The defining moment for the assessment of the respect of the identity is the State of construction or installation at the time of the land to a non buildable land.
The question of whether the identity of the construction or installation is met essentially is to review based on the totality of the circumstances. In any case, the following rules must be observed:

a. inside the volume existing, built the gross surface floor attributed can not be enlarged by more than 60%, the installation of an external insulation is considered an expansion within the existing built volume; b. expansion can be achieved outside the existing built volume if the conditions of the art. 24 c, al. 4, LAT are met; total expansion may not exceed 30% or 100 m, whether it's the gross floor area or the total surface area (sum of the gross floor area attributable and additional raw surfaces); expansion within the existing built volume accounted for only half; c. the work of transformation must not allow a significant change of use of buildings inhabited initially on a temporary basis.

Can not be reconstructed that the construction or installation that could be used for its intended purpose at the time of its destruction or demolition and whose use still meets a need. The built volume can be reconstructed to the extent corresponding to the eligible area within the meaning of para. 3. the al. 3, let. a is not applicable. If objective reasons so require, the construction or installation of replacement implantation may slightly differ from that construction or earlier installation.

New content according to chapter I of the O from 10 oct. 2012, into force since Nov. 1. 2012 (2012 5537 RO).
New content according to chapter I of the O from 10 oct. 2012, into force since Nov. 1. 2012 (2012 5537 RO).
New content according to chapter I of the O from 10 oct. 2012, into force since Nov. 1. 2012 (2012 5537 RO).
New content according to chapter I of the O from 10 oct. 2012, into force since Nov. 1. 2012 (2012 5537 RO).
New content according to chapter I of the O from 4 July. 2007, in force since 1 sept. 2007 (2007 3641 RO).

Art. 42aTransformation of agricultural buildings erected under new law (art. 24 d, para. 1, LAT) expansion may be admitted in accordance with art. 24 d, al. 1 and 3, LAT is essential for use of home meets the usual standards.

Reconstruction may be admitted if the destruction was due to a case of force majeure.

Introduced by chapter I of O on May 21, 2003, in force since July 1. 2003 (RO 2003 1489).
New content according to chapter I of the O from 10 oct. 2012, into force since Nov. 1. 2012 (2012 5537 RO).
Repealed by no I of O from 10 oct. 2012, with effect from Nov. 1. 2012 (2012 5537 RO).
New content according to chapter I of the O from 10 oct. 2012, into force since Nov. 1. 2012 (2012 5537 RO).

Art. 42bdetention of animals as a hobby (art. 24th LAT) transformation for the keeping of animals as a hobby is equated to an enlargement of the use to the nearby residential building residential purposes.
It is attributed to opportunities for expansion of the buildings within the meaning of art. 42, al. 3. the number of animals held must not exceed the capacity of people living nearby to take care themselves.
When federal law sets requirements more stringent than the legislation on the protection animals for a respectful detention of animals, the facilities inside buildings must meet these requirements. Exception to this rule the detention in groups of horses according to annex 6, let. A, no. 2.1, let. a, of the order of 23 October 2013 on direct payments.
Are considered external facilities the facilities which are necessary for decent detention of animals and which are neither covered or surrounded by walls, such as areas of exit all seasons, areas for manure or fences. Do not part including: a. facilities that serve only to activities as leisure with animals, such as riding or exercise land; b. pasture shelters.

The area of exit all seasons can be separated from the stable only for compelling reasons. The allowable area is determined according to art. 34b, al. 3, let. (b) if the conditions set out in art. 24th LAT are no longer met, the authorization is invalid. The competent authority see it by decision.

Introduced by section I of O from 4 July. 2007, in force since 1 sept. 2007 (2007 3641 RO).
New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
New content according to chapter I of the O from 10 oct. 2012, into force since Nov. 1. 2012 (2012 5537 RO).
Introduced by section I of O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
RS 910.13 introduced by section I of O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
Introduced by section I of O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
Introduced by section I of O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
Introduced by section I of O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).

Art. 42 introduced by section I of O from 4 July. 2007 (2007 3641 RO). Repealed by no I of O from 2 Apr. 2014, with effect from May 1, 2014 (RO 2014 909).

Art. 43 buildings and commercial facilities erected according to the old law (art. 37A LAT) changes of assignment and the enlargements of constructions and craft facilities or commercial become contrary to the allocation of the area can be allowed: a. If the construction or installation was built or transformed legally; b. If there is no new impact on the territory and environment; c. If the new use does contravene any other Act of Parliament; d. f....

The surface used for a use inconsistent with the assignment of the area can be enlarged by 30%, enlargements carried out inside the volume built existing cash for half.
If the expansion of the surface used for existing use not in compliance with the allocation of the area outside the built volume exceeds 100 m, it could not be allowed if it is essential to the maintenance of the company.

New content according to chapter I of the O from 10 oct. 2012, into force since Nov. 1. 2012 (2012 5537 RO).
Repealed by section I of O from 10 oct. 2012, with effect from Nov. 1. 2012 (2012 5537 RO).

Art. common 43aDispositions of permissions can be granted on the basis of this section if the following conditions are met: a. the construction is no longer necessary to prior use in line with the allocation of the area or imposed by the destination or the maintenance of this use is provided; b. use change does not imply a replacement building that would impose no need; c. at most a slight extension of the existing equipment is necessary and all costs additional infrastructure caused by permitted use are the responsibility of the owner; d. agricultural exploitation of the surrounding land is not threatened; e. no overriding interest objected.

Introduced by section I of O from 10 oct. 2012, into force since Nov. 1. 2012 (2012 5537 RO).

Section 7Mention in the land register art. 44. the competent cantonal authority granting an authorization to a building or a facility out of the area to build done bring to the land registry the following concerning the land affected: a. the existence of an accessory no agricultural activity (art. 24 b LAT); b. giving conditions to which the granting of a permit is subject; c. the obligation to restore the rule of law.

She can do mention the other restrictions of the right to property, including restrictions on use and restrictions of the right to dispose, and conditions and loads.
The Office of the land registry office writes off mentions when the land is definitely classified as area to build. In other cases, it can remove a mention that when the competent authority has taken a decision noting that the conditions which had justified the reference no longer exist.

Section 8Observation of the territory and information art. 45 observation of the territory the ARE control the impact on the Organization of the territory and the landscape of application of the requirements on construction outside building.
The cantons shall AER necessary information.

Art. 46disclosure of the cantons cantons shall notify AER decisions relating to approval of plans of assignment within the meaning of art. 26 LAT, and appeal decisions made by the lower authorities when they concern: a. the delimitation of areas to build in cantons where applied art. 38, art. 2, 3 or 5, LAT; b. modification of shift plans leading to a decrease of more than three hectares of cropland areas.

AER may require that certain cantons shall notify her decisions on specific sectoral areas.
The cantons shall communicate to the federal Office of agriculture decisions regarding the approval of plans of assignment under art. 26 LAT or on appeal decisions by the lower courts when these concern changes of land-use plans that reduce the surfaces of rotation of more than three hectares.

New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
Introduced by section III of the O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3909 RO).


Art. 47 report for the cantonal authority responsible for approval of the plans the authority that establishes the trust plans provides to the cantonal authority responsible for approving these plans (art. 26, para. 1, LAT), a report demonstrating their compliance with the goals and principles of development of the territory (art. 1 and 3 LAT), as well as taking into adequate consideration of comments from the public (art. 4 al. 2, LAT), designs and the sectoral plans of the Confederation (art. 13 LAT), management plan (art. 8 LAT) and the requirements of other provisions of federal law, including the law on the protection of the environment.
She exposes in particular what reserves of trust remain in existing building areas, what measures are necessary in order to mobilize the reserves or to get on these surfaces a built in line with the allocation of the area and in what order these measures will be taken.

New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).

Chapter 6 provisions final art. 48 tasks and skills of the AER ARE to pronounce on those activities of the Confederation that have effects on the Organization of the territory.
He develops the basic studies required for the coordination of federal activities, in collaboration with the cantons as well as the encouragement of the development of the territory in the townships.
He heads the coordinating body of the Confederation established by the federal Council.
It has standing to appeal to the federal court for planning in accordance with the General provisions of the Federal procedure.

New content according to ch. II. nov 8 O 57. 2006 adaptation of O of the CF to the total revision of the Federal procedure, in force since Jan. 1. 2007 (RO 2006 4705).

Art. 49 coordination of procedures required to coordinate procedures arising out of art. 4a of the order of 4 October 1993 on rural land law is by analogy to the competent cantonal authority in construction out of the area to build (art. 25, para. 2, LAT) when it cannot exclude the need for an exception to the prohibition of sharing material or fragmentation within the meaning of art. 60 of the Federal law of October 4, 1991, on rural land law or a decision noting the failure of the land concerned to this law.

RS 211.412.110 RS 211.412.11 art. 50 repeal of the law in force the order of October 2, 1989 on the development of the territory is repealed.

[RO 1989-1985, 1996-1534]

Art. 51 amendment of the law in force.

The mod. can be found at the RO 2000 2047.

Art. 52 transitional procedures underway at the time of the entry into force of this order and the modification of March 20, 1998, of the Federal law on the land are subject to the new law.
Pending appeal procedures are governed by the old law, unless the new law is more favourable to the applicant.

2000 2042 Art. RO Transitional 52aDispositions respecting the amendment of April 2, 2014, if, on the coming into force of the amendment of April 2, 2014, appealed against the decision made by the cantonal authority on approval of a classification in area to build in accordance with art. 26 LAT is pending, art. 38, art. 2, LAT does not apply to this classification if the use induces neither a review nor a partial physical correction of the approval decision or if it was deposited in a reckless way.
During the transitional period provided for in art. 38, art. 2, LAT, a ranking in the area to build may be approved only under the following conditions: a. a surface at least equivalent has been decommissioned in the canton since the entry into force of this provision or is downgraded by the same decision; b. public needs-affected areas in which the canton planning infrastructures which are of very great importance and are of an urgent nature are created; OUC. other areas of cantonal importance are created to meet an urgent need and, at the time of approval within the meaning of art. 26 LAT, planning measures determine and secure the surface that must be decommissioned. the decommissioning obligation falls if approved management plan makes it superfluous.

In the cantons having conferred to Commons exclusive jurisdiction to determine reserved areas (art. 27 LAT), the cantonal government also has this skill until approval of the adaptation of the management plan within the meaning of art. 38, art. 2, LAT.
The cantonal government retains the jurisdiction to rescind and to extend the validity of the reserved areas determined according to para. 3, including after the approval of the adaptation of the blueprint.
The designation of the cantons under art. 38, art. 5, 2 sentence, LAT is at the end of the deadline as an annex to this order.
As long as the master plan including the items designated in accordance with art. 32b, let. f, has not been approved by the Confederation, the cantonal government may temporarily fix by simple decision of the list of the cultural goods of cantonal importance, with an effect of five years from the entry into force of this amendment.

Introduced by section I of O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).

Art. 53 entry into force this order comes into force September 1, 2000.

RO 2000 2047 RS 700 set by section I of O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
Introduced by section I of O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
New content according to chapter I of the O from 2 Apr. 2014, in force since May 1, 2014 (RO 2014 909).
Formerly section 4 formerly section 5 formerly sect. 6 State on January 1, 2016

Related Laws