The construction permit of the villa was withdrawn again: The reason for Shaqiri’s construction difficulties is 84 square meters

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Xherdan Shaqiri (32) wants to build a villa of 270 square meters in Rheinfelden AG. It is not yet clear when the 119-time national team player will be able to move into his new home. Because the groundbreaking hasn’t happened yet. Instead, Shaqiri finds himself in the middle of a construction fight.

And this despite the fact that the building permit is due to be issued in August 2022. But nothing has happened on the property yet. Complaints from neighbors were initially mitigated by regulations, but the request is still not legally binding.

Reason: The administrative court approved the complaint from the neighborhood and canceled the construction permit. Shaqiri is appealing the decision. The case is in federal court.

Uncertainty about the attic

The cause of the problem is 84 square meters, the “Aargauer Zeitung” now reports. These correspond to the planned attic floor, which the city council did not take into account when using it, but the administrative court did.

Shaqiri’s plot is 1001 square meters in size, the utilization rate (ratio between gross floor area and plot size) is 0.4 and increases by ten percent because Nati wants to build the star according to the Minergie-P standard. This results in a maximum allowable floor area of ​​440.44 square metres.

The city council covers an area of ​​414.91 square meters and is based on Article 63 of the city’s zoning and use ordinance (BNO). “According to cantonal law, the definition is valid. “In addition, attics and basements are not counted within the scope of appropriate gross floor area.” Although the penthouse is not explicitly mentioned, the city council apparently equates it with the penthouse.

Overshoot too high

The administrative court does not do this. In his decision, he writes that lofts are generally taken into account in use and emphasizes that there are no “valid reasons why the phrase misses the ‘true meaning’ of the regulation.” So we assume the floor area is 498.91 square meters.

“It is out of the question to exceed the maximum permissible use by even a little,” he continues. “The excess of maximum allowable use is so high above 13.28 percent that it cannot be corrected by conditions.” For this reason, the planned construction project cannot be approved. (One)

Source : Blick