Building objections Federal Council wants to crack down harder
Building objections delay housing projects in Switzerland and exacerbate the housing shortage. The federal government should now create a legal basis to sanction obviously abusive objections. However, without undermining the legitimate participation rights of the population.
A study commissioned by the Federal Office for Housing and the Federal Office for Spatial Development shows that objections and appeals are the most common reason why residential construction projects are delayed or even prevented. This drives up costs, slows down construction activity and contributes to the worsening housing shortage. Particularly problematic are cases in which objections do not serve to protect public interests, but primarily secure private advantages or are used as a means of exerting pressure. For example, when money is demanded for the withdrawal of an appeal
New rules against abuse of the law
The motion “Sanction abusive building objections” is intended to instruct the Federal Council to create a basis for obliging objectors without an interest worthy of protection or with a clear intention to abuse the law to pay costs and, if necessary, damages. The Federal Council is prepared to examine the existing possibilities for sanctions and to sound out the extent to which it can provide guidelines in the Spatial Planning Act on the legitimacy of objections and the consequences of abusive objections based on Article 75 of the Federal Constitution. The specific structure of the procedures should remain with the cantons, but within a federal legal framework
Delicate demarcation and open risks
Legal experts point out how difficult it is in practice to clearly qualify an objection as abusive. Financial compensation for the withdrawal of an appeal can be legitimate, for example, if neighbors give up views, peace and quiet or other positions. In addition, stakeholders such as the Swiss Heritage Society warn that stricter hurdles and threats of sanctions could weaken the protection of townscape and monuments. Especially in cantons without the right of appeal, where neighbors often act as the final protective authority. Parliament will therefore have to perform a balancing act. Speed up procedures and curb abuse without devaluing legitimate objections and democratic participation.