Nature conservation Federal Court demands restoration of Thielle Castle

The owner of Thielle Castle on the right bank of the Zihl Canal must demolish all buildings and structures that were erected in the nature reserve without a permit. This was decided by the Federal Supreme Court.

In a ruling published on Thursday, the highest court stated that the buildings had been erected illegally. It thus upheld the decision of the lower court.

In 2016, the Bernese Office for Agriculture and Nature (Lanat) found that buildings had been erected around the moated castle in Gals BE without a permit. The subsequent building and exception applications for a jetty, buildings along the castle wall and small buildings along the embankment were rejected.

The castle changed hands in September 2021. The appeals of the old and new owners were rejected by the Bernese Administrative Court.

"All buildings constructed after 1975"

In its ruling, the Federal Supreme Court stated that all of the disputed buildings were constructed after 1975, i.e. after the conservation plan for the Zihlbrücke nature reserve came into force. The highest court thus came to the same conclusion as the Bernese administrative court.

The appellants had argued in vain that the disputed buildings had been erected earlier - in some cases as early as the 19th century. Although they were not visible on old aerial photographs, this was due to the overgrowth of weeds and woodland in the relevant areas.

For the Federal Supreme Court, the restoration - however strict the measure may be - is justified by the public interest. This outweighed the private interest, especially as the disputed objects had been erected in a protected zone, without the owner being able to invoke good faith. The restoration deadline was set for October 31, 2024. (Judgment 1C_667/2023 of June 3, 2024)