Construction objection allowed – municipality’s decision reversed

By a ruling of 15 December 2022, the cantonal appeals authority allowed a construction objection filed by Kanzlei König against a municipal construction project. The proceedings concerned the question as to whether the permitted building length for two planned multi-unit dwellings had been complied with. Kanzlei König argued that the two multi-unit dwellings should be regarded as one single unit, even though the project did not involve laterally attached construction. This meant that the permitted building length for the building project had been exceeded.

The Court sustained the objection that, due to the way in which it would be visualised, the construction project should have been classified as one single building. An intermediate structure between the buildings was actually façade-forming (at least on one side). The appeals authority also upheld the complaint that the municipality had been unable to identify a specific construction method that would have legitimised the planned building length for one single building (laterally attached construction). Usage of the laterally attached construction method is subject to the prerequisite of functional independence – more precisely the separated, internal development – between the two multi-unit dwellings, which was not met in this case (cf. decision of the Administrative Court of the Canton of Zurich of 23 October 2019, case No. VB.2019.00309, consid. 6.5.1).

The deficiencies of the project could not be rectified with ancillary provisions to the building permit; a redesign of the project is required. Consequently, the municipal building permit had to be cancelled. The decision by the cantonal appeals authority has become final.

Kanzlei König can provide you with advice and representation in issues related to construction and real estate law.