Association complaints about residential construction projects restricted
The Swiss parliament has decided to restrict the right of appeal of associations for smaller residential construction projects. This applies in particular to construction projects in water areas and areas of national importance.
In future, associations will no longer be allowed to lodge complaints against smaller residential construction projects if they are located within building zones. This applies to projects with a floor area of less than 400 square metres. The National Council voted in favour of the more restrictive provisions of the Council of States on Monday, meaning that the matter is ready for the final vote.
Originally, the National Council had proposed that complaints should also be authorised for construction projects within water areas. However, the Council of States cancelled this option and restricted complaints by associations to construction projects in areas of “national importance”. This means that the right of appeal for associations will be significantly restricted in future.
Limited right of appeal for construction projects in watercourse areas
A motion by National Councillor Martina Munz (SP/SH) calling for the right of appeal to be cancelled only for construction projects that encroach slightly into the watercourse area failed in the Council. The motion was rejected by 118 votes to 72. This means that the regulation that smaller construction projects in watercourse areas can no longer be contested by associations remains in place.
The amendment to the Nature and Cultural Heritage Protection Act was triggered by a parliamentary initiative from Valais National Councillor Philipp Matthias Bregy (centre). The aim is to restrict the right of appeal for smaller residential construction projects in order to facilitate construction activity in Switzerland.
The new regulation, which severely restricts the right of appeal for smaller construction projects in building zones, represents an important step towards speeding up residential construction projects. In future, it will be more difficult for associations to take action against smaller construction projects, particularly in water areas.