Spatial planning law misinterpreted Chalet owners have to demolish their homes - despite permission
In the Alpine regions, some homeowners are having to demolish their chalets because they were built outside the building zones, even though they had permits from their municipalities.
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- In Valais and Ticino, chalet owners are having to demolish their buildings because they are outside the building zone - even though they once had permission from the municipality.
- Owners are facing financial difficulties as they sometimes have to pay hundreds of thousands of francs for demolition and procedural costs.
- The revised Spatial Planning Act (RPG2), which comes into force in 2025, should provide more clarity for affected properties.
For many, a chalet in the mountains is the perfect balance to life in the lowlands. But in the cantons of Valais and Ticino, this is now becoming a nightmare for many owners. They have to demolish their chalets, even though they originally received permission from the municipality. The federal law on spatial planning is often interpreted differently by the cantons than it should be. This is reported by SRF.
One prominent case is that of Urs Trachsel from Zurich, who purchased an old farmhouse and adjoining buildings in Val Colla, above Lugano, two decades ago.
Despite notarized deeds and a mortgage of 700,000 francs, which went towards the renovation, the situation changed when the small municipality of Certara merged with Lugano. The new authorities discovered that Trachsel's property was outside the building zone and demanded that it be demolished.
Now Trachsel has to pay 280,000 francs
"I have the notarial deeds, I was able to see the extract from the land register. Everything was very serious. I had no idea that anything was wrong," Trachsel told RTS radio. "I was told that I should have known that the canton's consent was required. The documents in my possession were not even taken into account - on the grounds that they had no legal basis."
Trachsel, who only lives on his AHV pension, is now faced with a payment order for 280,000 francs, which he is unable to pay. The cantonal authorities rejected his objections, as the canton's approval would have been required.
Another case concerns Bernard Dubosson from Morgins, who built a chalet on the edge of the forest 30 years ago, also with the approval of his municipality. He is also facing the demolition of his chalet, but continues to fight and has filed a lawsuit to hold his municipality accountable. His case is still pending. "I have done nothing wrong. If I hadn't had the permits from the municipality, my chalet wouldn't exist," he says.
"The proceedings take a very long time"
These cases show the serious consequences that can result from different interpretations of spatial planning laws. Sara Martinez-Bravo, President of the cantonal building commission in Valais, emphasizes: "These cases remain rare. If such a situation arises, it is because the cases are serious. The proceedings take a very long time. Each case is special and is resolved in the best possible way, applying the applicable law."
The new Spatial Planning Act (RPG2), which is due to come into force this year, brings hope for more clarity. It is expected to regulate the future of the many Maiensässe that lie outside the building zones.
The editor wrote this article with the help of AI.
