Facts
On July 12, 1990, the Building Inspectorate of the Canton of Basel-Stadt granted Walter Guldimann a building permit for a new building with six apartments. The permit contained the condition that the minimum requirements of SIA Standard 181 on sound insulation must be complied with. After the construction of the building, four of the six apartments were sold as condominium units.
On June 9, 1992, the buyer of one of the apartments, Ernst Neukomm, expressed concerns regarding the sound insulation within the new building. The Building Inspectorate examined the noise protection measures and released the property for use on August 7, 1992.
At the request of the Federal Office for the Environment, Forests and Landscape, the Building Inspectorate instructed Walter Guldimann on March 30, 1994 to have further noise measurements carried out. Guldimann filed an appeal against this order, which was rejected by the Building Appeal Commission and the Government Council of the Canton of Basel-Stadt.
Guldimann filed an administrative court appeal against the Government Council's decision with the Federal Supreme Court.
Considerations
The Federal Supreme Court decided that the building permit of August 7, 1992 does not preclude a subsequent inspection of compliance with SIA Standard 181. The enforcement authority is obliged under Art. 35 of the Noise Abatement Ordinance (LSV) to carry out an examination of the sound insulation measures in case of doubt.
However, the Federal Supreme Court found that the order to have the noise measurements carried out was not addressed to the right party. The…