Facts
The municipality of Samnaun issued a planning zone with the aim of promoting the construction of primary residences and restricting the construction of second homes. In this context, it obliged the applicant X. AG to pay a steering levy of 700 CHF per m2 of gross floor area for second homes.
X. AG filed a complaint against this requirement, as the cantonal Spatial Planning Act (KRG) does not provide a legal basis for the imposition of such a steering levy. The Administrative Court partially upheld the complaint and revoked the requirement for the steering levy.
The municipality of Samnaun then filed an appeal in public law matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court overturned the judgment of the Administrative Court and decided that the steering levy is based on a sufficient legal basis in the KRG.
Although the KRG does not contain an express authorization to levy such a charge, the Act provides for the possibility of planning zones in which construction projects may only be approved if they do not contradict the planned regulations. Furthermore, according to the KRG, municipalities can specify quotas for primary residences or adopt equivalent regulations, which can also include provisions on steering levies.
The Federal Supreme Court found that the administrative contract…