25 July 2024
For years, the length of the building permit process has been a frustrating issue. What is being done on the policy level to improve the efficiency of the planning process?
Building permit procedures can take a very long time. There are several reasons for this. One of them is that the legal requirements to be met are varied, complex and sometimes difficult to keep track of. In addition, appeals and overburdened planning authorities can slow down the process.
Frequent criticisms of the existing planning approval process include the lack of cost risk for objectors and the increase in undesirable delays due to abusive objections. In this context, the process and organisation of the building permit procedure are also criticised. In the canton of Lucerne, for example, building permit applications are often published without the building permit authority having examined the application in detail for compliance with building regulations. This can be inefficient and unsatisfactory for all parties involved (including objectors). In addition, objections are sometimes used or abused simply to delay the planning process.
These problems have now prompted politicians to take action. There are various postulates and initiatives at both federal and cantonal level.
Last summer, for example, Andrea Gmür-Schönenberger, a member of the Council of States, submitted a postulate calling on the Federal Council to examine whether a legal basis for a moderate cost risk for objectors could be created by amending federal law. Various cantons have already provided for this or still do so. However, the Federal Supreme Court has ruled that such regulations are contrary to federal law. As a result, such regulations are not permitted and objectors can only be charged with costs in very rare exceptional cases (e.g. abusive objections).
The canton of Lucerne has also taken various initiatives. In addition to the promotion of regional building permit centres, the optimisation of the work of specialist commissions and expert groups as well as a general adjustment of the building permit procedure are being demanded and discussed. The common goal of these initiatives is to speed up the building permit procedure as a whole and to ensure greater digitalisation and standardisation.
It remains to be seen how the legislation on building permit procedures will develop. It is to be hoped that the efficiency of building permit procedures can be increased, for example, to tackle the housing shortage or to prevent construction projects from becoming unnecessarily expensive.
Our partner Claudia Keller is a board member of IG Baubewilligung, which campaigns at a political level for more efficient building permit procedures. In addition, our building law attorneys have in-depth expertise in building permit procedures and are happy to provide you with legal advice or representation in building permit procedures.
