The Swiss Civil Code (CC) offers a solution: affected parties can apply for an easement under property law that protects their view in the long term, for example through height restrictions or extended distances from neighbouring properties. This means that a property can be encumbered in such a way that the owner must accept certain restrictions (Art. 730 para. 1 ZGB).
In addition, cantonal or communal building and neighbouring rights regulations can be used if construction projects are to be realised on the neighbouring property and they are published in advance. The focus is often on the prevention or reduction of immissions, for which affected neighbours have a short period (20 days in the canton of Lucerne) to lodge an objection. Depending on the intensity of the impact, building projects can be prevented, optimised or compensation demanded.
The building regulations promote mutual consideration and mitigate the impact of new buildings on neighbouring properties (e.g. impairment of lighting, sunlight, views, etc.). They define minimum distances that can be deviated from by mutual agreement. The establishment of an easement requires an entry in the land register (Art. 731 Para. 1 ZGB).
The lawyers at Pilatushof AG will be happy to advise you on questions relating to planning and construction law as well as notarial matters.