Noise Abatement Ordinance (NAO) (NAO)
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 Improvements and Soundproofing Measures
Art. 13 Improvements
1 In the case of stationary installations that contribute significantly to the impact thresholds being exceeded, the enforcement authorities shall order the necessary improvement measures, after hearing the persons responsible for the installations. 2 The installations shall be improved to the extent that: a. is technically and operationally feasible and economically acceptable; and b. the impact thresholds are no longer exceeded. 3 Unless there are overriding interests, the enforcement authorities give priority to measures which prevent or reduce noise generation in preference to those which simply prevent or reduce noise propagation. 4 Improvements need not be carried out if: a. the impact thresholds are exceeded only in building zones that have not yet been developed; b. due to the cantonal building and planning legislation, planning, design or structural measures taken at the site exposed to the noise will satisfy the impact thresholds before the time limit specified in Article 17.
Art. 14 Relaxation of the requirements for improvements
1 The enforcement authorities shall relax the requirements in cases where: a. improvements would result in unreasonable operational limitations or costs; b. overriding interests, namely those of the preservation of local character, nature and landscape protection, traffic and operational safety, or national security, conflict with the improvement objective. 2 Unlicensed private installations must not, however, exceed the alarm values.
Art. 15 Soundproofing measures for existing buildings
1 If, as a result of relaxing the requirements, the alarm values for public or licensed stationary installations cannot be complied with, the enforcement authorities shall require the owners of existing buildings exposed to noise to soundproof the windows of rooms sensitive to noise in accordance with Annex 1. 2 With the approval of the enforcement authorities, building owners may take other soundproofing measures in the building provided these reduce the noise within the rooms to the same extent. 3 Soundproofing measures need not be taken if: a. no perceptible reduction of noise in the building is to be expected; b. they conflict with the overriding interest of preserving local character or monuments; c. the building is due to be demolished within three years of the soundproofing measures being ordered, or the rooms will be converted to purposes not sensitive to noise within this period.
Art. 16 Costs
1 The person responsible for the installation bears the costs of its improvement. 2 The person responsible for a public or licensed installation also bears the costs of soundproofing measures for existing buildings under Article 11, unless an exemption has been granted under Article 20 paragraph 2 of the Act. 3 Where improvements or soundproofing measures are required as a result of noise from several installations, the costs are divided among the installations in proportion to their contribution to the noise exposure level. 4 The building owner bears the costs of maintenance and renewal of the soundproofing measures.
Art. 17 Time limits
1 The enforcement authorities set the time limits for implementing improvements and soundproofing measures according to their urgency. 2 In assessing urgency, the following factors are decisive: a. the extent to which the impact thresholds are exceeded; b. the number of persons affected by the noise; c. the cost-benefit relationship. 3 The improvements and soundproofing measures must be completed within 15 years of this Ordinance coming into force. 4 The time limit (para. 3) for improvements and soundproofing measures on roads are extended: for national roads until 31 March 2015; for trunk roads according to Article 12 of the Federal Act of 22 March 1985 on the Application of the Earmarked Mineral Oil Tax (MinOA), and for other roads until 31 March 2018. 5 The time limits specified in the Federal Act of 24 March 2000 on Railways Noise Abatement apply to the completion of improvements and soundproofing measures on railway installations. 6 The improvements and soundproofing measures must
Para. 4 — SR 725.116.2 Para. 4 — Inserted by No I of the O of 1 Sept. 2004, in force since 1 Oct. 2004 (AS 2004 4167). Para. 5 — SR 742.144 Para. 5 — Inserted by No I of the O of 1 Sept. 2004, in force since 1 Oct. 2004 (AS 2004 4167). Para. 6 — AS 2006 3693 Para. 6 — Inserted by No I of the O of 23 Aug. 2006 (AS 2006 3693). Amended by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3223).
Art. 18 Inspection
Within one year of completion, the enforcement authorities shall inspect the improvements and soundproofing measures to check compliance with the measures ordered. In case of doubt, they carry out tests to assess the effectiveness of the measures.
Art. 19
Repealed by No I of the O of 1 Sept. 2004, with effect from 1 Oct. 2004 (AS 2004 4167).
Art. 20 Periodical surveys
1 The FOEN shall enquire regularly of the enforcement authorities as to the status of the improvements and the noise protection measures, in particular concerning roads, railway installations, aerodromes, shooting ranges and military shooting ranges and training areas. 2 For roads, the enforcement authorities must provide the following documents in particular by 31 March each year: a summary of: 1. the roads or sections of road requiring improvements, 2. the time frame within which these roads and sections of road will be improved, 3. the total costs of these improvements and noise protection measures, and 4. the number of persons exposed to noise levels above the impact thresholds and alarm values; b. a report on: 1. the improvements made to roads and sections of road, and the soundproofing measures implemented in the previous year, and 2. the effectiveness and the costs of these improvements and noise protection measures. 3 For national roads, it shall obtain the information under Pa
Art. 20 — Amended by No I 14 of the O of 7 Nov. 2007 on the New System of Fiscal Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823). Para. 1 — Name in accordance with No I of the O of 29 Sept. 2023, in force since 1 Nov. 2023 (AS 2023 582). This amendment has been made throughout the text.
Section 2 Federal Subsidies for Improvements and S
Amended by No I 14 of the O of 7 Nov. 2007 on the New System of Fiscal Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
Art. 21 Eligibility for subsidies
1 The Confederation shall grant subsidies for improvements and soundproofing measures on existing infrastructure for: trunk roads according to Article 12 MinOA; other roads. 2 The subsidies granted under paragraph 1 letter a form part of the global payments according to Article 13 MinOA. The payments under paragraph 1 letter b are granted globally in terms of programme agreements with the cantons. 3 ...
Para. 1 — Amended by No I of the O of 21 Feb. 2018, in force since 1 April 2018 (AS 2018 965). Para. 1 — SR 725.116.2 Para. 2 — Sentence amended by No I of the O of 12 May 2021, in force since 1 Jan. 2025 (AS 2021 293). Para. 3 — Inserted by No I of the O of 21 Feb. 2018 (AS 2018 965). Repealed by No I of the O of 12 May 2021, with effect from 1 July 2021 (AS 2021 293).
Art. 22 Application
1 The canton submits the application for subsidies for improvements and soundproofing measures for roads in accordance with Article 21 paragraph 1 letter b to the FOEN. 2 The application must in particular contain information on: a. … b. the improvements and soundproofing measures planned and their cost; c. the effectiveness to be achieved by the improvements.
Para. 2 let. a — Repealed by No I of the O of 12 May 2021, with effect from 1 Jan. 2025 (AS 2021 293). Para. 2 let. c — Amended by No I of the O of 12 May 2021, in force since 1 Jan. 2025 (AS 2021 293).
Art. 23 Programme agreement
1 The FOEN concludes the programme agreement with the cantonal authorities responsible. 2 The programme agreement covers in particular: a. the effectiveness of the improvements; abis. the soundproofing measures on existing buildings; b. the amount paid by the Confederation; c. the control procedures. 3 The programme agreement applies for four years; in justified cases a longer or shorter period may be agreed. 4 The FOEN issues directives on the procedure followed for programme agreements and on the information and documentation relating to the subjects of the programme agreement.
Para. 2 let. a — Amended by No I of the O of 12 May 2021, in force since 1 Jan. 2025 (AS 2021 293). Para. 2 let. abis — Inserted by No I of the O of 12 May 2021, in force since 1 Jan. 2025 (AS 2021 293). Para. 3 — Amended by No I of the O of 21 Feb. 2018, in force since 1 April 2018 (AS 2018 965).
Art. 24 Determination of thesubsidy
1 The amount of the subsidy for improvements is determined by the effectiveness of the improvements. The determining factors are as follows: a. the number of people who are protected by the improvements against harmful or nuisance noise exposure; and b. the number of people whose exposure to noise pollution is perceptibly reduced by the measures. 2 For soundproofing measures on existing buildings, CHF 200 is allocated per soundproof window or other equally effective structural noise protection measure. 3 The amount of the subsidy is negotiated between the Confederation and the canton.
Para. 1 let. b — Amended by No I of the O of 12 May 2021, in force since 1 Jan. 2025 (AS 2021 293). Para. 2 — Amended by No I of the O of 12 May 2021, in force since 1 Jan. 2025 (AS 2021 293).
Art. 24a and 24b
Repealed
Art. 25 Payment
Global subsidies are paid out in instalments.
Art. 26 Reports and controls
1 The canton shall report annually to the competent Federal Office on the use of the subsidies. 2 The FOEN shall verify by random sample: implementation of individual measures in accordance with the programme goals; use of the payments made.
Art. 27 Inadequate fulfilment and misuse of subsidies
1 The FOEN shall withhold all or part of the instalment payments during the programme if the canton: fails to fulfil its reporting duty (Art. 26 para. 1); fails to meet its obligations to a substantial extent through its own fault. 2 If on conclusion of the programme it emerges that the canton has failed to meet its obligations, the competent Federal Office shall require the canton to rectify the situation; it shall set the Canton an appropriate deadline for doing so. 3 If installations for which subsidies have been made are used for a purpose other than that intended, the FOEN may require the canton to cease or make good the misuse within a reasonable period. 4 If the defects are not rectified or the misuse does not stop or is not remedied, the subsidies may be reclaimed in accordance with Articles 28 and 29 of the Subsidies Act of 5 October 1990.
Para. 4 — SR 616.1
Art. 28
Repealed
