Spatial Planning Act (SPA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 35 Time limits for structure plans and land use plans
1 The cantons shall ensure that: a. … b. land use plans are drawn up in good time but no later than eight years after this Act has come into force. 2 … 3 Land use plans valid at the time this Act comes into force shall retain their validity under cantonal law until they are approved by the competent authority.
Art. 35 — Amended by No II 27 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, in force since 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121). Para. 1 let. a — Repealed by No II 27 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, with effect from 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121). Para. 2 — Repealed by No II 27 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, with effect from 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121). P
Art. 36 Introductory measures by the cantons
1 The cantons shall enact the regulations necessary for the application of this Act. 2 Unless other authorities are designated under cantonal legislation, the cantonal governments shall be authorised to take provisional measures and in particular to determine planning zones (Art. 27) and to issue restrictive provisions on building outside the building zone (Art. 27a). 3 Provided no building zones exist, and cantonal law does not provide otherwise, areas that are already largely built up shall be deemed to be provisional building zones.
Para. 2 — Amended by No I of the FA of 23 March 2007, in force since 1 Sept 2007 (AS 2007 3637; BBl 2005 7097).
Art. 37 Temporary land use zones
1 If areas particularly suitable for agriculture, or especially important landscapes or sites are directly threatened and no protective measures are taken in the period set by the Federal Council, the latter may define temporary land use zones. Inside these zones nothing may be done that could prejudice land use planning. 2 As soon as land use plans are drawn up, the Federal Council shall cancel the temporary land use zones.
Art. 37a Commercial buildings and installations that contravene zone requirements outside building zones
The Federal Council shall determine the conditions under which a change of purpose may be permitted to commercial buildings and installations built before 1 January 1980 or which subsequently come to contravene zone requirements as a result of changes in the land use plans.
Art. 37a — Inserted by No I of the FA of 20 March 1998, in force since 1 Sept. 2000 (AS 2000 2042; BBl 1996 III 513).
Art. 38 Transitional Provision to the Amendment of 17 December 2010
1 The cantons concerned shall amend their structure plans to the requirements within three years of this Amendment coming into force and ensure that the communes concerned take suitable measures within the same period, in particular setting annual quotas, setting minimum limits for primary dwellings, delimiting special land use zones or levying incentive taxes. 2 On expiry of this period, no second homes may be authorised until the cantons have made the required arrangements.
Art. 38 — AS 2011 2913; BBl 2007 5765. Amended by No I of the FA of 15 June 2012, in force since 1 May 2014 (AS 2014 899; BBl 2010 1049).
Art. 38a Transitional Provisions to the Amendment of 15 June 2012
1 The cantons shall adapt their structure plans to the requirements of Articles 8 and 8a paragraph 1 within five years of the commencement of the amendment of 15 June 2012. 2 The total area of building zone legally created in the given canton may not be increased until the amendments to the structure plans have been approved by the Federal Council. 3 On expiry of the deadline set in paragraph 1, new building zones may only be created if the amendment of the given canton’s structure plan has been approved by the Federal Council. 4 The cantons shall arrange appropriate compensation procedures for considerable advantages and disadvantages in accordance with the requirements of Article 5 within five years of the amendment of 15 June 2012 coming into force. 5 On expiry of the deadline set in paragraph 4, new building zones may not be created in cantons unless they have appropriate compensation procedures in accordance with the requirements of Article 5. The Federal Council determines these
Art. 38a — Inserted by No I of the FA of 15 June 2012, in force since 1 May 2014 (AS 2014 899; BBl 2010 1049).
Art. 39 Referendum and commencement
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the date on which this Act comes into force. Commencement date: 1 January 1980
Para. 2 — FCD of 14 Nov. 1979.