Entry into Force of the SPA 2

The first part of the revised Spatial Planning Act (SPA) and the corresponding Ordinance entered into force at the beginning of the year. The second part, SPA 2, followed on 1 July 2026.

Key Elements of SPA 2
The centrepiece of SPA 2 is the stabilisation objective: the number of buildings and the extent of sealed surfaces outside building zones are to be stabilised. Under the revised Spatial Planning Ordinance (SPO), any increase compared with the situation as at 29 September 2023 is limited to a maximum of 2%. If this upper limit is exceeded, a compensation obligation applies: additional buildings must be offset by the demolition of existing buildings, and additional sealed surfaces must be compensated by the restoration of an equivalent area outside the building zone. These measures are complemented by a demolition premium, financed predominantly by the cantons, for buildings that are no longer required, as well as by a new voluntary planning instrument allowing the cantons, subject to compensation and enhancement requirements, to permit limited additional uses in specifically designated non-building zones. The separation principle, which constitutes a fundamental principle of Swiss spatial planning law, nevertheless continues to require a clear separation between building zones and non-building zones. This is accompanied by a consistent and streamlined approach to unlawful construction outside building zones.

The cantons must implement these requirements in their structure plans within five years. The fact that the reference date for the stabilisation objective is now more than two years in the past further increases the need for action. The development of the number of buildings and the extent of sealed surfaces outside building zones must therefore be monitored continuously so that any exceedance of the permissible upper limit can be identified at an early stage and, where necessary, immediate measures can be examined or initiated in due time.

A more detailed discussion of these key elements can be found in our news article of 3 November 2025. The following section focuses on the implementation in the Canton of Lucerne.

Implementation in the Canton of Lucerne
The implementation of federal law falls within the responsibility of the cantons and gives rise to corresponding regulatory requirements at cantonal level. The consultation procedures concerning the amendments to the Planning and Building Act (PBA) and the Planning and Building Ordinance (PBO) of the Canton of Lucerne are currently being evaluated. As the provisions of SPA 2 have already been applicable since 1 July 2026, and implementation at cantonal level could not await completion of the ordinary legislative procedure, the Cantonal Government brought into force, with effect from 1 July 2026, the Ordinance on the Implementation of the Federal Act on Spatial Planning as amended on 29 September 2023 (SRL No. 736b). This implementing ordinance contains provisions that had already been the subject of the consultation procedure and are indispensable for the cantonal implementation of SPA 2. In particular, it governs the demolition premium and the restoration of the lawful situation.

Regarding the demolition premium, the implementing ordinance regulates, in particular, the procedure, the responsibilities, the cases in which entitlement is exceptionally excluded, and the financing. An application for the flat-rate demolition premium must be submitted to the commune together with the notification of demolition works or, where the demolition forms part of a construction project, together with the building permit application. The commune forwards the application to the Office for Spatial Development and Economy (rawi), which decides on the granting of the premium. The implementing ordinance provides for various situations in which no demolition premium is generally payable, including fully covered underground structures, minor structures, as well as structures and installations that do not require a building permit. The demolition premium is financed from the cantonal Added-Value Levy Fund, provided that the fund's balance does not fall below CHF 10 million. Any additional funding requirement is to be covered from general tax revenues.

The provisions concerning the restoration of the lawful situation specify the responsibilities and the procedure applicable to unauthorised uses outside building zones. Communes are required to identify such uses within a reasonable timeframe, order their cessation and, in a single procedure, decide on both the removal of the unlawful works and any subsequent building permit procedure. The Office for Spatial Development and Economy (rawi) performs supervisory and intervention functions, thereby ensuring that unauthorised uses are consistently pursued. Any decision to waive, on an exceptional basis, the restoration of the lawful situation is taken at first instance by the Office for Spatial Development and Economy (rawi). To secure the costs of the procedure and of the measures ordered, the commune and the canton benefit from a statutory lien on the property for a period of two years from the date on which the claim becomes due. This lien ranks ahead of all other liens and exists without entry in the land register.

SPA 2 therefore introduces not only new planning opportunities but also additional requirements for the enforcement authorities. The cantons and communes are called upon to adapt the necessary legal framework and administrative processes in good time to ensure the effective implementation of the new provisions.