Decision on the Obligation to Establish Private Parking Spaces and the Determination of a Replacement Contribution

Facts

The Federal Tribunal has been seized with an appeal against a decision of the Government of the Canton of Zug concerning the obligation for a property owner to construct private parking spaces when building a new structure and the payment of a replacement contribution when this obligation cannot be fulfilled.

The property owner was granted a building permit to construct a new building with a tea room on the ground floor and three apartments on the upper floors. Since the construction of parking spaces on her plot was not possible due to the narrowness of the site, the City of Zug set a replacement contribution of CHF 44,000, corresponding to 11 parking spaces. The property owner appealed against this decision, requesting to be required to pay a contribution for a maximum of 4 to 7 parking spaces.

Considerations

The Federal Tribunal ruled that the obligation for the property owner to construct private parking spaces when building new structures or making renovations does not violate the guarantee of property rights, insofar as this obligation pursues a public interest and is not disproportionate.

Regarding the replacement contribution, the Federal Tribunal considered that it does not constitute a…