Switzerland has strict zoning and construction laws. Federal land use planning laws (LAT) were first proposed in 1979. Since becoming law they have been through a number of modifications. A successful vote in 2013 tightened zoning rules further. This week, SRF reported on two houses that ended up on the demolition list.

Despite municipal construction approval, certain homes are on the hit list. One in the canton of Ticino has already been demolished and another in Valais is headed for demolition.
The common thread in both of these cases is Switzerland’s strict Federal land use planning laws (LAT). These federal laws are applied by the cantons. But for decades, some municipalities, particularly in the cantons of Valais and Ticino, interpreted the federal zoning laws differently to the cantonal authorities. In some cases, the consequences are harsh.
20 years ago, Urs Trachsel bought an old farm house in Val Colla, above Lugano in Ticino. He then decided to renovate after obtaining approval from the municipality. After investing his savings and CHF 700,000 of mortgage money in the project, everything was going well. Then his municipality merged with Lugano, the municipality next door, and the canton intervened, deeming his property to be outside the allowable building zone. He was eventually forced to demolish his house after being told that he should have known that cantonal approval was required. To make matters worse, he recently received a CHF 280,000 bill for the cost of demolition. Now a pensioner, he is facing bankruptcy.
Bernard Dubosson, a chalet owner in Morgins, Valais is facing a similar nightmare. 30 years ago he built a family chalet on the edge of the forest. After obtaining building permission from the municipality he has now been told by the canton that his chalet is outside the allowable building zone. After years of legal challenges his chalet is set to be demolished. He says he did nothing wrong. If the municipality had not granted a permit his chalet would not exist, he said. Unlike Trachel, Dubosson continues to fight. He has filed a lawsuit against the municipality and proceedings continue.
Sara Martinez-Bravo, head of the Valais cantonal building commission told RTS that these cases are rare and take a long time to conclude. However, this will be of small comfort to those required to tear down their houses. The take-away is clear however. Municipal building approval isn’t enough. Always check with the cantonal authorities before considering any building project.
More on this:
SRF article (in German)
A history of LAT (in French) – Take a 5 minute French test now
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