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– 6. December 2024

Re-zonings

In the canton of Lucerne, numerous municipalities are obliged to reduce the size of their oversized building zones in order to meet the requirements of the revised Federal Spatial Planning Act. Landowners who have not realised any building projects therefore risk losing their ‘building status’.

Objections to the rezoning meant that some municipalities did not reduce the size of their building zones sufficiently. Some of the objections were approved by municipal assemblies or votes at the ballot box, obliging the authorities to amend the zoning plan revision once again. As a result of the refusal of approval by the cantonal government, affected landowners in the municipality of Rickenbach (LU) took the matter to the Federal Supreme Court.

In its judgements, the Federal Supreme Court emphasised the importance of the public interest in the rezoning, which generally outweighs the private interest in retaining the original size of the building zone. As a result, it confirmed the rezonings.

Early legal advice is important, as legal changes can have far-reaching effects on private property owners.

If you have any questions or concerns in the area of construction law, our lawyers will be happy to assist you.

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