Dismissal of the appeal against the refusal of the building permit for the roof insulation

Facts

The community of heirs [X.], consisting of [A.], [B.], [C.] and [D.], filed an appeal with the Federal Supreme Court against the judgment of the Administrative Court of the Canton of Aargau. The Administrative Court had dismissed the appeal of the community of heirs against the refusal of the building permit for the roof insulation of the residential building on plot No. 207 in Stetten.

The residential building is located outside the building zone and was approved in 1987. It is undisputed that it is no longer an agricultural business. The community of heirs applied for a permit for the interior insulation of the roof, which was, however, rejected by the authorities.

Considerations

The Federal Supreme Court confirmed the decisions of the lower instances. It stated that the planned insulation work goes beyond a simple renovation and therefore requires a permit. The interior insulation of the roof would enable the use of the attic space for residential purposes, which exceeds the framework of contemporary residential use according to Art. 42a RPV.

The Federal Supreme Court also saw no violation of the principle of…