New approaches in Swiss environmental and building legislation
In a significant step towards reforming Swiss environmental and building legislation, the National Council's Committee for the Environment, Spatial Planning and Energy (UREK-N) has approved an amendment to the Federal Act on the Protection of Nature and Cultural Heritage (NCHA). This amendment aims to limit the right of appeal of environmental protection organisations for smaller residential construction projects in order to create a more balanced framework for private construction projects. The decision reflects an endeavour to realign the dynamic between environmental protection and the construction industry.
At a recent meeting, the UREK-N adopted a decisive draft bill by a majority of 14 votes to 8 with one abstention. The draft, which was developed as part of parliamentary initiative 19.409, provides for the right of appeal by associations in the NCHA to be modified so that smaller and medium-sized construction projects, in particular residential buildings with a floor area of less than 400 square metres, are no longer covered by this right. These projects must be located within the building zones in order to be exempt from the regulation. The Commission emphasises that this amendment is in line with the right of appeal enshrined in the Environmental Protection Act (EPA), which only applies to larger projects with environmental impact assessments.
Despite the approval of the amendment, there was also opposition within the Commission. A minority emphasised the importance of the right of appeal for the protection of historical and natural heritage and spoke out against the changes. Other minorities suggested reducing the reference area to 250 square metres or exempting certain flats from the new regulations.
In addition to this important legislative amendment, the committee also dealt with the Federal Act on Supervision and Transparency in the Wholesale Energy Markets. The Commission entered into the deliberations without a countermotion, as it recognises the importance of appropriate supervision of these markets, particularly in view of the economic relevance of a secure electricity supply. The need to ensure that Swiss regulations do not deviate unnecessarily from EU requirements was emphasised.
Furthermore, differences regarding the proposal on the Swiss circular economy, particularly with regard to the relaxation of the municipal waste monopoly, were largely resolved. However, there was still disagreement on the unpackaging of unsold biogenic products.
In other business, the committee rejected a motion on densification and non-profit housing construction and unanimously submitted a postulate on optimising the use of energy wood. Finally, various umbrella business associations, environmental organisations and industry representatives were consulted on the implementation of the parliamentary initiative “Laying the foundations for a CO2 border adjustment system”.
The committee meetings took place in Bern under the chairmanship of National Councillor Christian Imark and partly in the presence of Federal Councillor Albert Rösti, and important steps were taken to adapt Swiss environmental and building legislation.