What the new Spatial Planning Act can do
The first part of the revised spatial planning law with RPG2 and the amended Spatial Planning Ordinance has been in force since January 1, 2026. Further key provisions will come into force on July 1, 2026. The focus is on a stabilization target that puts a stronger brake on building outside building zones and makes it measurable for the first time how the building stock in non-building areas is developing. Despite criticism, ARE lawyer Thomas Kappeler speaks of a successful revision, with clear guidelines, new instruments and stricter enforcement.
The summit restaurant on Chäserrugg in Toggenburg (SG) is a prominent example of buildings outside building zones. It was designed by Herzog & de Meuron and is accessible by cable car. © Keystone
A central point of criticism concerns the possibility of using agricultural buildings that are no longer in use outside of building zones for residential purposes. Kappeler emphasizes that this is only possible within the framework of the so-called territorial approach. Cantons can designate special use zones for clearly defined areas, for example to preserve and further develop traditional cultural landscapes. Only in such areas are conversions permitted under strict conditions, and the Second Homes Act with the 20 percent threshold for second homes continues to apply. In the view of the ARE, this selective flexibility is not a softening, but a specifically controlled instrument for regional characteristics.
Separation principle with stabilization target
The core concern of RPG2 is to strengthen the principle of separation between building and non-building areas. This is now supplemented by a stabilization objective. The building stock and sealed surface area as at 29 September 2023 are the decisive factors against which future development outside the building zones will be measured. If cantons do not achieve this stabilization, they must take additional measures. Parliament deliberately did not want a rigid cap, but rather limited flexibility with a clear upper limit. This gives building outside of building zones an additional barrier without completely blocking sensible adjustments.
Demolition premiums and pioneering work by the cantons
Another pillar of the revision is the demolition premium for buildings outside of building zones. The federal government anticipates 1,000 to 2,000 demolitions per year at an average cost of CHF 20,000 to 30,000, resulting in an annual volume of CHF 20 to 60 million. This is to be financed jointly by the federal government and the cantons. This is a challenge for the latter, as they have to develop and implement stabilization strategies at the same time. The ARE draws up guidelines, approves the cantonal strategies and monitors their effectiveness; if the measures are not effective, sanctions are envisaged.
Renewable energies and tourism businesses
In the final phase of parliamentary deliberations, additional provisions on renewable energies outside building zones were included in the law. Under certain conditions, plants for the commercial use of biomass or methanation are to be permitted in less sensitive areas, with the details being specified at ordinance level. Another controversial issue is the simplified further development of existing hospitality and accommodation establishments. Hotels and restaurants outside of building zones will be given more leeway for modernization and expansion. Often without a comprehensive planning procedure and participation, if a building permit is sufficient. Critics see this as a weakening of the principle of separation, while supporters point to the need to ensure the economic viability of existing businesses.
Tougher action against illegal building
Kappeler cites the new regulations against illegal building as a clear strength of the revision. Authorities must now issue a mandatory ban on illegal use. This is a powerful instrument, as a building that cannot be used quickly loses its attractiveness. In addition, municipalities can no longer decide on their own not to restore the building to its legal state. In future, such a waiver will require the approval of the canton. RPG2 thus combines more differentiation and leeway where planning is justified with stricter rules, measurable objectives and more consistent enforcement outside of building zones.