Facts
On 17 October 2012, [A. AG] submitted a building permit application to the municipality of Breil/Brigels for the construction of two multi-family houses. The municipality granted the building permit on 11 December 2012 subject to conditions and requirements. On 14 March 2014, the association Helvetia Nostra, an organization with the right to appeal in the field of nature and heritage protection, requested the documents of the construction project. On 24 March 2014, Helvetia Nostra informed the municipality that building permits for apartments in municipalities with 20% or more second homes must be published in the cantonal official gazette. On 28 March 2014, Helvetia Nostra applied to the municipality to revoke the building permit or declare it null and void. The municipality rejected the request. The appeal filed against this was dismissed by the Administrative Court of the Canton of Graubünden.Considerations
The FSCA holds that the restriction on the construction of second homes pursuant to Art. 75b Cst. is a federal task. Therefore, organizations in the field of nature and heritage protection such as Helvetia Nostra can appeal building permits due to a violation of Art. 75b Cst. and its transitional and implementing provisions. Art. 12b NCHA requires that decisions and applications subject to the right of association appeal must be published in the cantonal official gazette or by written notification. Since the building permit application was only published in the regional official gazette of Surselva, there is a violation of Art. 12b NCHA. However,…