Planning and Environmental Issues
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Who has authority over land development and environmental regulation?

The Swiss Federal Constitution and federal law include guidelines regarding property development. Details are regulated by each canton, primarily by municipal law. Municipalities typically control land use and the density of the development through official plans and zoning laws. Construction of new projects is also subject to cantonal and municipal legislation. Building codes set specific standards for the construction of buildings. However, municipalities require building permits before the commencement of construction. At the same time, building codes regulate the maintenance of existing structures.

The Swiss legislator has devoted an entire chapter in the Federal Constitution to the topic of environment and environmental protection. Based on these provisions, a number of federal laws and ordinances have been adopted governed by a set of principles (i.e., the principle of sustainability, the precautionary principle, the principle of the integral approach). Cantons are responsible for the enforcement of these laws.

What environmental laws affect the use and occupation of real estate?
  • The Swiss Federal Constitution, federal laws and regulations provide guidelines
  • Cantonal and municipal laws and regulations govern the details
What main permits or licenses are required for building or occupying real estate?
  • Building permit
  • Major work may also require a planning procedure
Can an environmental cleanup be required?

If contamination is detected, the land owner is in principle subject to a cleanup obligation. However, if the level of contamination does not exceed certain thresholds, action must only be taken when a new construction project is launched or the usage of the parcel of land is changed.

The transfer or parceling of real estate property, which is included in the register of polluted sites, requires prior approval by the competent cantonal authority. This approval may be  conditional upon the provision of sufficient financial security for the risk assessment, surveillance and cleanup cost.

Are there minimum energy performance requirements for buildings?

Many cantons in Switzerland require that new buildings meet certain energy performance requirements. There is, however, no generally applicable mandatory minimum energy efficiency standards in Switzerland. Therefore, the requirements of the individual canton have to be checked on a case-by-case basis.

Energy performance is increasingly becoming a political topic. As a result, it is possible that new legislation will be passed on energy performance.

Are there other regulatory measures that aim to improve the sustainability of newly constructed and existing buildings?

Since 2009, the Swiss government has provided funding for energy-efficient renovation of premises.

Energy-efficient construction is also supported by the majority of cantons, directly or indirectly, while the federal government is responsible for the coordination of the funding efforts of the cantons.