No approval from the cantonal council Family must demolish Aargau house after 63 years

A small weekend cottage in the municipality of Kallern has come to a legal end after decades: the Federal Supreme Court has confirmed its demolition. The building from 1962 had never been properly approved - and therefore receives no protection.

A modest weekend house in Kallern AG must be completely demolished. The Federal Supreme Court has confirmed the decision of the Administrative Court of Aargau and thus definitively ruled: The building from 1962 was never legally authorized.

The case shows once again how strictly the canton of Aargau handles the separation between construction and non-construction zones. Even decades of existence do not protect an unauthorized building.

Weekend house outside the building zone for decades

The small building was erected in 1962, and although the municipality granted a local permit at the time, it only did so on the grounds that the building had to blend into the landscape. However, the necessary approval from the cantonal council was not granted because the distance from the forest had been exceeded. This meant that the house was considered illegal from the outset.

Federal court remains firmApartments instead of commercial premises - this illegal conversion will be expensive

In 2010, a family bought the house for a lump sum of 90,000 francs. Six years later, they submitted a preliminary application for a replacement building. Among other things, a caravan built inside was to be removed and the shell renewed. However, approval documents from the 1970s - when walls were built in exposed brick - were not available.

Canton refuses to protect vested rights

The responsible division of the building department classified the property as an "unlawfully constructed old building". This meant that no vested rights protection applied. Any planning application had no prospect of success.

After indications of conversion work were received, the municipality imposed a building freeze in 2021 and requested a regular planning application. This was rejected by the canton - along with an order to completely remove the building and recultivate the site within six months of it becoming legally binding.

Owners fail all the way to the Federal Supreme Court

The owners appealed the decision, arguing on the grounds of legitimate expectations and the long use of the cottage. However, neither the Administrative Court nor the Federal Supreme Court followed this view.

The judges in Lausanne ruled that the building had never been built legally, which is why there was no protection. The demolition was in the public interest and was proportionate.

It also remains financially painful for the owners: the Federal Court's court costs alone amount to CHF 4,000. In its ruling, however, the court noted that the family had been able to use the house without restriction since 2010, meaning that part of the investment had effectively been amortized.