Land that was previously designated as a building zone and later becomes a non-building zone has always had to be compensated. However, there is no obligation to pay compensation if a plot of land is not included in a building zone.
In its ruling of November 27, 2024 in the municipality of Mellingen AG, the Swiss Federal Supreme Court ruled that owners only receive compensation in exceptional cases if their land is removed from a building zone. The dispute revolved around high compensation at the expense of the municipality of Mellingen because it excluded a plot of land from the residential building zone and the owner sued for expropriation. However, according to the Federal Supreme Court, land that has not been built on for more than 15 years may be removed from the building zone without compensation. It remains to be seen whether this also applies to properties that have been zoned for decades but have not yet been built on.
This decision could have an impact on many municipalities that need to update their spatial planning, and it is expected that political changes and further court rulings will continue to influence the design of land in the future. Municipalities can save high compensation payments through this change in case law, but owners who have not used their land for a long time will miss out.
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