Facts
On September 15, 1980, the Building Commission of Turbenthal granted Jakob Bosshard a building permit for the construction of a barn with a storage room on a plot of land in the "Remaining Municipal Area" of Turbenthal. According to the permit, the barn could only be used for agricultural purposes. However, Bosshard used the barn and an adjacent plot of land for his civil engineering business.
In 2003, Bosshard retroactively applied for a permit for commercial use. The Building Directorate and the Municipality of Turbenthal refused the permit and ordered the restoration of the lawful state. Bosshard appealed against this to the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It concluded that the original building permit for purely agricultural purposes was materially unlawful, as no agricultural need was demonstrated. A subsequent permit for commercial use under Art. 39 para. 1 lit. b RPV failed, as the claimed area significantly exceeded the permissible extent.
Bosshard could also not invoke the principle of good faith, as he knew or should have known the use restriction…