Your options for appealing a building application

Anyone wishing to build a house or any other building must first submit a building permit application (Article 22, Paragraph 1 of the Federal Spatial Planning Act). This application must be submitted to the competent authority; sometimes it is the municipality, sometimes the canton. The person responsible for the construction project can submit the application themselves. However, they can also choose to commission an architect. The plans submitted with the application must contain numerous mandatory points, which vary depending on the type of construction.

Once the application has been submitted and the project has been approved after reviewing the documents, the competent authority publishes the building permit application in the official gazette, in the newspapers, and in the municipal bulletin. The building plans are available for inspection at the municipal office. The 30-day period for potential opponents to contest the construction project begins the day after publication in the official gazette.

Anyone can contest a building permit application. However, the objecting party must prove that they are affected by the construction project. They can also demonstrate a formal error of which they are aware.

Please note that neighbors can contest a construction project even if they do not own the property. Tenants, as well as holders of easements, purchase rights, and building rights, can all oppose a construction project. For example, the fact that a neighbor’s property will be negatively impacted by the construction project can be grounds for a complaint.

To find out if any construction projects are planned in your municipality, you can check the official gazette to see which building applications have been approved. This is because building applications are published publicly, and plans can be inspected. If a construction project planned in your neighborhood could affect you, you have the right to file an objection.

Before submitting an objection to a building project, it is essential to check whether the deadline for contesting it has not yet expired. Depending on the municipality, the deadline for filing an objection to a building project is set at 20 to 30 days from the publication of the building project in the official gazette.

You should be aware that you can file an objection for any reason. You simply need to provide a justification. Instead, find out in advance about the costs involved in this process, including the appeal fees, legal fees, and procedural costs, which can quickly add up. Please note that the costs of the appeal procedure must be borne by the losing party (Article 13 of the Law on the Organisation of Administrative Jurisdiction) and usually amount to CHF 5,000.

To file an appeal against a building permit application, a so-called notice of appeal must be submitted to the competent authority within the deadline. This document must be submitted in triplicate: one original and two copies. The notice of appeal consists of two main documents.

The first document is the query itself. It sets out what the objector seeks to achieve with this appeal. This can be the complete cancellation of the building project or merely a request for partial cancellation, which relates only to a part of the project. The objection can also consist of a request for modification or addition to the building project. The second document, which completes the notice of appeal, is the grounds of appeal. In this document, the objector sets out the reasons for the objection. The purpose is to explain and demonstrate, as far as possible, the harmful effects of the project on the person’s property.

In addition to these documents, the appeal must also include various other documents, such as supporting documents, as well as a copy of the decision being appealed.

Building regulations are not governed by the Swiss Civil Code, but depend on various ordinances issued by the cantons and municipalities. Therefore, legislation in this area varies from municipality to municipality. Typically, and in most cantons, the building authority or the urban planning authority is responsible, such as in the canton of Vaud, where the CAMAC (Centrales des autorisations en matière de constructions) handles applications and appeals. In the canton of Zurich, however, the Building Appeals Court is responsible.

While it is not mandatory to engage a lawyer to file an appeal against a building permit, it is recommended. These procedures are lengthy and complex and require in-depth knowledge of building law, environmental law, and urban planning regulations.

Once the file has been submitted, the person filing the appeal will receive an acknowledgement of receipt from a judge. The judge may request additional information regarding their application and will typically require an advance payment to cover the legal costs. At the same time, the authority that approved the building permit application will be notified of the appeal and must, in turn, send the judge a copy of the file relating to the construction project in question and its response to the appeal. The person filing the appeal will then also be informed of the authority’s position by mail.

Before the judge issues a ruling, they may decide to prepare expert opinions, interview the parties involved and potential witnesses at a hearing, and request further written statements. Following these investigative steps, a decision on the appeal will be made. The application can either be rejected, allowing construction to proceed, or approved, which will revoke the granted building permit application.