3 March 2026
The new versions of the USG and LSV will come into force on 1 April 2026 – what developers and local authorities need to know now.
Contents of the revision
After the first part of the revised Environmental Protection Act (USG) came into force on 1 April 2025, the Federal Council decided on 25 February 2026 to bring the remaining provisions and the associated new provisions in the Noise Abatement Ordinance (LSV) into force one year later. The revision stems from a parliamentary decision on 27 September 2024, which was a response to years of deadlock in residential construction: strict Federal Supreme Court rulings had made building in noisy locations considerably more difficult and, in many cases, virtually impossible. The new provisions will better align spatial planning and noise protection objectives, making construction possible in noise-polluted areas under certain conditions.
The stated aim is not merely a technical adjustment of noise protection law, but better coordination of inward urban development and noise protection. In future, densification and noise protection should be seen as a joint task — not as a contradiction. This basic idea runs through the entire revision and is expressed above all in the building permit requirements and the specifications for land use planning.
Three new approval routes
The core of the revision is the new Article 22(2) of the USG. If the emission limits cannot be complied with at a location, or cannot be complied with using proportionate measures, the revised law now opens up three approval routes:
Route 1 (Art. 22(2)(a)(1) nUSG): A building permit is possible if each residential unit is equipped with controlled ventilation and either a cooling system is available or at least one noise-sensitive room has a quiet window. This is the most far-reaching new route: even flats without a single quiet window can be approved under these conditions.
Route 2 (Art. 22(2)(a)(2) nUSG): If at least half of the noise-sensitive rooms in each residential unit have a window that complies with the limit values, a ventilation system is not required. The regulation is thus based on the principle of the former “ventilation window practice”, which stated that the immission limits only had to be complied with at one window suitable for ventilation in each noise-sensitive room. This practice was applied by around half of the cantons until 2016, before it was prohibited by the Federal Supreme Court.
Route 3 (Art. 22(2)(a)(3) nUSG): If at least one noise-sensitive room has a quiet window and each residential unit has access to a private outdoor space where the immission limits are complied with, a ventilation system is also not required.
The Federal Council does not specify a minimum size for such outdoor spaces – cantonal regulations and corresponding practice are decisive.
In all three cases, the minimum structural protection of the outer shell in accordance with Article 21 USG must be appropriately and proportionally tightened (Art. 22(2)(b) nUSG). Noise protection therefore remains in place, but is shifted from the property boundary to the building envelope.
Land use planning in noise-polluted areas: New Article 29 LSV
Land use planning is also being reorganised: Article 29 nLSV specifies the conditions under which new building zones or amended land use plans are permissible in noise-polluted areas. In future, planning and design measures should be taken into account at the zoning planning stage — not just during the building permit process. The previous Article 30 LSV, which set out specific requirements for infrastructure works, will be repealed with the revision.
Article 24(3) nUSG also provides for an exception for noise-polluted areas: in the case of inner development projects — in particular the rezoning of commercial and industrial zones — deviations from the planning values are permitted if this is necessary for inward settlement development and noise protection measures are planned. The decisive factor here is the explicit legal requirement that, in such exceptions, the design of open spaces and the quality of living must be taken into account. Noise protection is thus not superseded by planning interests, but is accompanied by quality assurance conditions.
What to consider in construction projects
The project planning phase is the time to decide which of the three approval routes to take — depending on the option chosen, the building layout will change significantly in terms of the location of quiet rooms, the need for a ventilation system or the design of private outdoor spaces. An early noise assessment by acoustics experts is therefore essential.
What municipalities can already implement
For municipalities, the revision offers an opportunity to specifically strengthen internal development. It is advisable to first systematically review the municipal noise maps: Which building zones are affected by noise? Which commercial or mixed-use zones would be suitable for rezoning as residential zones, but have been problematic in terms of noise protection legislation? With the new legal situation, this potential can be reassessed.
Noisy locations that were previously considered difficult to develop are becoming more attractive. Municipalities that incorporate this potential into their development concepts at an early stage can specifically promote housing construction.
Legal recommendations for action
The revision of the USG and LSV is a significant innovation in building law. It makes it substantially easier to build in noisy locations. Building owners should review ongoing projects and strategically plan the timing of building applications. Municipalities are required to align their land use planning and implementation with the new legal situation.
