Land Use Planning in Switzerland: The SPA and Zoning
Land use planning is one of the foundations of Swiss public law. The Federal Spatial Planning Act (SPA) of 22 June 1979, revised in 2013, sets the guiding principles for land use in Switzerland. It aims to use land in a measured and rational manner, to protect agricultural land and landscapes, and to concentrate urbanisation within existing building zones. PBM Avocats advises landowners, developers and municipalities in Geneva and Lausanne on planning matters.
The Zoning System
The SPA mandates cantons to divide their territory into different zones, defined in cantonal structure plans and municipal zoning plans:
| Zone | Main Use | Permitted Buildings |
|---|---|---|
| Building zone | Urbanisation | Dwellings, commercial premises, industries according to sub-zone |
| Agricultural zone | Agriculture, landscape protection | Agricultural buildings only (art. 16a SPA) |
| Protected zone | Nature, heritage, landscape protection | Very restricted or prohibited |
| Intermediate zone | Transition (future reclassification) | Limited to current use |
| Tourist / recreational zone | Tourism and leisure | According to cantonal plan |
The 2013 SPA Revision: Inner Densification
The SPA revision accepted in a popular vote in 2013 introduced stricter requirements:
- Reduction of oversized building zones: cantons must reduce building zones whose area exceeds 15-year needs, with financial compensation
- Inner densification: priority given to compact development of already urbanised zones (development of available plot areas)
- Capital gains tax: cantons must levy a tax of at least 20% on gains resulting from new allocations to building zones
- Coordination with public transport: new building zones must be served by public transport
Building Outside Building Zones: Legal Exceptions
Construction outside building zones (in agricultural zones or other non-buildable zones) is in principle prohibited. Legal exceptions are strictly limited:
- Art. 16a SPA: agricultural buildings necessary for the operation (stables, silos, greenhouses, operator's dwelling)
- Art. 24 SPA: buildings compatible with the zone purpose or for which location outside the building zone is required
- Art. 24a SPA: changes of use without transformation (existing buildings outside the zone)
- Art. 24b SPA: part-time farming (part-time agricultural operator's dwelling)
- Art. 24c SPA: maintenance and transformation of legally erected but non-conforming buildings
Capital Gains and Losses in Land Use Planning
Land use planning decisions can create significant capital gains or losses for landowners:
- Capital gain: allocation of land to the building zone; minimum tax of 20% levied by cantons (art. 5 SPA)
- Capital loss: reclassification outside the building zone or into a protected zone; right to compensation if the restriction is equivalent to expropriation
- Material expropriation: if the property restriction is so severe that it is equivalent to expropriation, compensation is owed (art. 26 Federal Constitution)
What is the difference between a building zone and an agricultural zone in Switzerland?
The building zone is intended for urbanisation: dwellings, commercial or industrial buildings may be built there according to cantonal and municipal regulations. The agricultural zone is reserved for agricultural use and landscape protection. Construction in the agricultural zone is in principle prohibited, except for very limited exceptions (agricultural buildings necessary for the operation, farmer's dwelling). The boundary between these zones is protected by the Spatial Planning Act (SPA).
Can land be removed from the agricultural zone to become buildable?
In principle no, except for legal exceptions. The SPA (art. 15 and 15a) provides that building zones must correspond to foreseeable needs for the next 15 years. Allocating land to the building zone requires a revision of the cantonal or municipal zoning plan, which must be justified by proven needs and approved by the canton. The 2013 SPA revision tightened the conditions for reclassification.
What is the aesthetics clause in construction law?
The aesthetics clause allows authorities to refuse a building permit or require modifications if the project is detrimental to the character or appearance of the site (old building, historic district, landscape). This clause is provided for in most cantonal construction laws. Its application must remain proportionate and objectively justified; a refusal based on purely aesthetic preferences can be challenged.
Can one build in an agricultural zone for personal reasons (secondary residence)?
No. The construction of a secondary residence or holiday home in the agricultural zone is in principle prohibited. Only buildings necessary for agricultural operations (farms, barns, stables, operator's dwelling) may be built in the agricultural zone. Very strict exceptions exist for changes of use of existing agricultural buildings, pursuant to art. 24 et seq. of the Spatial Planning Ordinance (SPO).
How can a zoning plan or zone classification be challenged?
Zoning plans may be challenged upon adoption or revision. The appeal must be filed within the legal deadlines from the public inquiry. In principle, a zoning plan that has come into force can no longer be challenged directly; only implementation decisions (building permits) may be the subject of appeals indirectly invoking the illegality of the plan.