Asylum Act (AsylA) (AsylA)
Inserted by No I of the FA of 25 Sept. 2015, in force since 1 Jan. 2018 (AS 2016 3101, 2017 6171; BBl 2014 7991).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 General Provisions
Art. 95a Principle
1 Buildings and installations used by the Confederation to accommodate asylum seekers or for conducting asylum procedures require planning approval from the FDJP (approval authority) if they: a. are to be newly constructed; b. are altered or assigned a new form of use. 2 Planning approval covers all forms of authorisation required under federal law. 3 Cantonal authorisations and plans are not required. The cantonal law must be taken into consideration during the planning approval procedure and the weighing up of interests. 4 In principle, planning approval for projects that will have a considerable effect on space and the environment requires a sectoral plan in accordance with the Federal Act of 22 June 1979 on Spatial Planning.
Para. 4 — SR 700
Art. 95b Compulsory purchase rights and applicable law
1 The acquisition of real estate for buildings and installations to accommodate asylum seekers or to conduct asylum procedures and the establishment of rights in rem to such real estate is the responsibility of the FDJP. It is entitled to make compulsory purchases if necessary. 2 The planning approval procedure is governed by this Act. 3 If compulsory purchases are required, the provisions of the Federal Act of 20 June 1930 on Compulsory Purchase (ComPurA) also apply.
Para. 2 — Amended by Annex No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). Para. 3 — SR 711 Para. 3 — Inserted by Annex No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713).
Section 2 Planning Approval Procedures
Art. 95c Initiating the ordinary planning approval procedure
The planning approval application must be submitted with required documentation to the approval authority. The authority shall check the documentation to make sure that it is complete and request any further documents that are needed.
Art. 95d Marking
1 Before the application is made available for public inspection, the applicant must indicate the alterations that the planned buildings and installations will make to the site by marking them out; in the case of structures above-ground, the applicant must erect profiles. 2 Objections to the marking of alterations or the erection of profiles must be made to the approval authority immediately, and in any case before expiry of the period when the application is made available for public inspection.
Art. 95e Consultation, publication and making the application available for inspection
1 The approval authority shall forward the application to the cantons and communes concerned for their opinions. The entire consultation procedure shall last three months. In justified cases, this period may be extended by way of exception. 2 The application must be published in the official organs of publicity for the cantons and communes concerned and in the Federal Gazette and must be made available for public inspection for a period of 30 days. 3 ...
Para. 3 — Repealed by Annex No 1 of the FA of 19 June 2020, with effect from 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713).
Art. 95f
Repealed by Annex No 1 of the FA of 19 June 2020, with effect from 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713).
Art. 95g Objection
1 Any person who is a party in accordance with the APA may file an objection with the approval authority during the period when the application is available for public inspection. Unless such a person files an objection, he or she is excluded from the remainder of the procedure. 2 Any person who is a party in accordance with the ComPurA may file any claims under Article 33 CompPurA within the period when the application is available for public inspection. 3 The communes concerned may safeguard their interests by filing an objection.
Para. 1 — SR 172.021 Para. 1 — Amended by Annex No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). Para. 2 — SR 711 Para. 2 — Amended by Annex No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713).
Art. 95h Elimination of differences in the Federal Administration
The procedure for eliminating differences in the Federal Administration is governed by Article 62b of the Government and Administration Organisation Act of 21 March 1997.
SR 172.010
Art. 95i Term of validity
1 The approval authority shall decide on the objections under the law on compulsory purchase at the same time as deciding on planning approval. 2 Planning approval expires if the construction project has not begun five years after approval becomes legally binding. 3 The approval authority may extend the period of validity of the planning approval for good cause by a maximum of three years. No extension is permitted if the relevant factual and legal circumstances have substantially changed since legally binding planning approval was granted.
Art. 95j Simplified planning approval procedure
1 A simplified planning approval procedure is applied in the case of: a. small-scale local projects that affect only a few easily identifiable persons; b. alterations or changes of use that do not substantially change the external appearance of the buildings or installations concerned, do not affect the legitimate interests of third parties, and have a negligible effect on space or the environment; c. buildings and installations that will be removed after three years at the latest. 2 Detailed plans based on a project that has already been approved shall be approved under the simplified procedure. 3 The approval authority may order the marking of the project. The application is not published and not made available for public inspection. The approval authority shall send the plans to the persons concerned unless they have already given their consent in writing; they have 30 days to object. The approval authority may consult the cantons and communes. It shall allow an appropriate period f
Section 3 Conciliation and Valuation Procedure; Ea
Amended by Annex No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713).
Art. 95k
1 After conclusion of the planning approval procedure, a conciliation and valuation procedure shall be conducted by the Federal Compulsory Purchase Commission pursuant to the ComPurA. 2 ... 3 The president of the Federal Compulsory Purchase Commission may authorise early possession of the property on the basis of an enforceable planning approval decision and if it is presumed that the purchaser would suffer significant prejudice if not granted early possession. The position is otherwise governed by Article 76 ComPurA.
Para. 1 — SR 711 Para. 1 — Amended by Annex No 1 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). Para. 2 — Repealed by Annex No 1 of the FA of 19 June 2020, with effect from 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713).
Section 4 Legal Remedies
Art. 95l
1 Legal remedies are governed by the general provisions on the administration of federal justice. 2 The cantons and communes concerned also have a right of objection.