With the changes to the Spatial Planning Act, a much stronger wind is blowing for communities and landowners. Before the revision, some cantons interpreted the law very liberally. Today they can no longer do that. The federal government looks at the numbers very closely. Peter Karlen, 64, a former federal judge and spatial planning law expert, finds this very true: “The law is too centralized. The federal government puts too much foresight in spatial planning for the cantons. This means that local conditions and needs are neglected.”
In addition to Valais, the cantons of Freiburg, Jura, Vaud, Basel-Landschaft and Graubünden are also particularly affected and will have to rezonate their construction lands in the next few years.
«Development is not limited»
Karlen says that under the constitution, the federal government actually has a duty to set the principles of spatial planning. “However, trust in municipalities and cantons seems to be lacking. It is considered that they will not fulfill their duties. That’s why the federal government is using its powers in spatial planning more and more generously.”
The assessment of Espacesuisse, Switzerland’s association for spatial planning and environmental issues, is quite different. “Development is not limited, it is directed and aligned with stated goals,” says Deputy Director Christa Perregaux (52). He also mentions the result of the vote in 2013: At that time, 62.9 percent of the votes voted for the reorganization of the law.
The aim of the overhaul is to preserve cultivated land, prevent further urban sprawl and instead concentrate inward with quality. This will also be achieved by aligning the building zones with the expected needs of the next 15 years.
restraint in federal court
The need for rezoning is greatest in Valais: this should still cause some concern for the communities. “It’s conceivable that Valais would face a wave of lawsuits,” says Karlen. Rationale: Owners should not be compensated for redevelopment. Moreover, this is despite the fact that they taxed their land as building land for years.
But the chances of success are slim. “The Federal Supreme Court has so far ruled very carefully in these types of cases,” says Karlen. However, compensation can be paid in individual cases. “For example, if the owners have already paid for the development of the land,” says Karlen. And there are several similar cases in Valais.
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