State can compel homeowners to replace fossil fuel heaters

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From 2030, only certain areas of the Lucerne municipality of Hochdorf will be allowed to be heated with renewable energies. This requires municipal initiative. On Wednesday, the federal court declared them valid. A decision that could have implications for climate policy across Switzerland.

The city council, the Lucerne government council and the cantonal court have classified the initiative “Hochdorf heats renewable – even more from 2030” as invalid. As “The Observer” wrote, it would be a disproportionate encroachment on property and property guarantees if homeowners were forced to replace their fossil fuel heating system with a heat pump, for example, by 2030, even if the existing heating was still operating.

the community must find a way

The federal court sees it differently. There is no mandate that the current law will remain in effect forever, writes in a statement. The initiative sets only one goal for municipal authorities – heating with renewable energies only. The authority must then find a way to achieve this goal in a way that is reasonable for everyone. For example, the competent authority may recommend that the public sector contribute to the costs of a new heating system. So much so that the transition obligation will be compatible with the guarantee of ownership and the guarantee of vested rights.

What does this mean for the future? The decision is one of the few important decisions for climate policy, even if the situation is different everywhere. “The Federal Supreme Court, in its ruling on the Hochdorf initiative, makes it clear that it does not in itself violate the guarantee of ownership and vested rights,” says legal expert Norina Meyer of the Observer Advice Center. “The important thing is the application.”

Groundbreaking Judgment

This means: Initiatives can make claims that may be disproportionate without accompanying measures. It is then up to the authorities to find a proportionate and reasonable way. This should increase the barriers to invalidating attempts. An important decision for climate policy. “Just because the initiative does not violate any fundamental right does not mean that every application is allowed,” says monitoring expert Norina Meyer. For example, in the case of Hochdorf, if the municipality handles the initiative’s request without any additional measures.

But it’s up to Hochdorf’s voters first. You can vote if you want to accept “Hochdorf heats renewable – even more from 2030”.

Source :Blick