Facts
D. AG is the owner of a property in the agricultural zone, on which there is a factory yard. Subsequent building permits were granted in 2014 and 2015, which the Federal Supreme Court, however, revoked again in 2016. Thereupon, the municipal council ordered the demolition of most of the buildings and facilities in 2018, but refrained from the demolition of the main building (warehouse) and its extensions, as the owner could invoke a 30-year period of forfeiture.
The appellants filed an appeal against this decision with the Federal Supreme Court. The Federal Office for Spatial Development took the view that the 30-year period of forfeiture is not applicable outside the building zone.
Considerations
The Federal Supreme Court states that the forfeiture of the right to restoration is not regulated by law. In a landmark decision of 1981, it had established a 30-year period of forfeiture for illegal buildings within the building zone, in order to take into account legal certainty and the practical difficulties in clarifying the circumstances after a long period of time.
The Federal Supreme Court finds that these reasons for a 30-year period of forfeiture do not apply outside the building zone. The legality of buildings outside the building zone can usually be easily determined, as federal law is primarily applicable here. Furthermore, forfeiture…