Applications for building permits must always be submitted to the municipality in which the property is located. After the receipt and completeness control on the basis of § 192 PBG, the documents are transferred, if cantonal sovereignties are concerned, to the department of building permits (Canton Lucerne: Office of Space and Economy). It is responsible for the procedure and its organization/coordination within the cantonal administration.
The ordinary building permit procedure
First, an application for a building permit must be submitted to the municipality. According to § 55 para. 2 PBV LU, it must contain all the information necessary for a comprehensive and final assessment of the building project.
After receipt of the application, the municipality checks whether the ordinary or the simplified permit procedure must be carried out and whether the requirements of § 55 para. 2 PBV LU are met. If this is not the case, the deficiencies noted must be remedied within a period of time.
If the formal requirements are fulfilled, the building application is publicly announced in accordance with § 193 PBG and made available to the public together with the enclosures for 20 days. According to § 58 PBV, building applications submitted electronically are made available on the Internet accordingly.
At the same time, the application is examined by the municipality (and also by the canton if it is affected, e.g. outside building zones). After the circulation and objection period, the application is submitted to the relevant authorities for review and then a decision can be made on the building application. If an objection is raised against the application, the decision is made when the municipal council has received all the necessary reports, opinions and the cantonal unified decision.
The simplified building permit procedure
The simplified building permit procedure is regulated in § 198 PBG and can be used for the buildings and facilities listed in §53 para. 2 PBV, if no significant public or private interests are opposed.
Here, too, the first step is to submit an application to the responsible municipality in accordance with § 55 para. 2 PBV and have it examined.
If the formal requirements are met, the building application is sent to the affected landowners who have not approved the application with their signature. According to § 198 para. 1 lit. d PBV, they have 10 days to raise an objection. Again, after the circulation and objection period, the application is submitted to the relevant authorities for review and then a decision can be made on the building application.
In the case of new or replacement construction of a residential building, you therefore proceed according to the ordinary building permit procedure. If there is no objection to your building application and you have submitted all documents without errors, it is quite possible that you will not have to wait long for your permit. In the event of an objection, this may be delayed for a longer period of time, depending on the case.
For later changes to the house, such as photovoltaic systems or enclosure walls, you can proceed via the simplified building permit procedure and save yourself even more time, provided that no significant public or private interests are opposed.
Please note that the deadlines for objections may vary from canton to canton; this guide only refers to the deadlines according to the Planning and Building Act of the Canton of Lucerne.
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