Facts
The municipality of Twann-Tüscherz, the building police authority, appealed against the judgment of the Administrative Court of the Canton of Bern dated 21 September 2022. The Administrative Court had decided that the replacement of the wooden boards of the terrace of a holiday home on the Petersinsel, which is located in a cantonal nature conservation area, is to be qualified as a permissible renovation within the normal lifespan of the building. The Federal Court dismissed the municipality's appeal. It concluded that the replacement of the terrace boards by the owner of the holiday home is to be considered a permissible renovation within the meaning of Art. 23d para. 2 lit. b of the Federal Act on the Protection of Nature and Cultural Heritage (NHG). Ongoing renovation aimed at exploiting the "normal lifespan" is therefore permissible, as long as it does not renew the load-bearing parts of the house or the roof as a whole or in several stages, in order to extend the usability of the building beyond the "normal lifespan".Considerations
The Federal Court stated that the exceptions to the peat bog protection enshrined in the Federal Constitution must be interpreted narrowly. However, the constitutional guarantee of property ownership (Art. 26 Cst.) allows for the lawful maintenance of buildings and structures within the normal lifespan and the necessary maintenance work. The replacement of the terrace boards by the respondent constitutes a…