Facts
The case concerns three building permits that the municipality of Klosters-Serneus had granted on March 19, 2019 for the construction of a single-family house and a multi-family house on parcels No. 2055 and 4355. The appellant A. filed a complaint against these building permits, as the municipality had not previously reviewed the building zones and adapted them to the actual demand.
The Federal Supreme Court upheld the complaint and revoked the building permits. It concluded that the municipality should have examined whether the allocation of the building plots to the building zone was still justified before issuing the building permits. This applied regardless of whether the building permits were compatible with the planning zone in force at the time of the permit.
Considerations
According to the revised Spatial Planning Act (RPG), the building zones in the land use plan must be designated in such a way that they correspond to the expected demand for 15 years. Oversized building zones must be reduced.
The Federal Supreme Court stated that the municipality of Klosters-Serneus is one of the municipalities whose residential, mixed and center zones are oversized and therefore need to be reduced. Despite this oversizing and the already initiated review of the building zones, the municipality had issued building permits until March 19, 2019 that contradicted the goal of reducing the building zones.
The Federal…