The Canton of St. Gallen seems to be a Hotspot for illegal buildings. So, the Federal court had this spring, in two cases, the expensive handling of illegal construction projects in the Canton.
In Flums, SG, must be an old farmhouse torn down. Philip Man (56) had sold his house in 2006 to a doctor from the village. This started from the inside, completely auszukernen. Also, he built additional buildings on the Land, both of which he would have been allowed in the agricultural zone do not. The parish had a 2008 about a construction freeze. His subsequent building application was rejected.
Twelve years the doctor has fought since then, legal action against the demolition of the house in March, the Federal court has decided, however: The farmhouse must be stopped! “My heart bleeds to see, that there, where now my parents’ house, soon to be just a pasture,” says Mannhart. The doctor did not want to comment on demand VIEW of the event.
In the case of the enforcement of the spatial planning haperts common in the municipalities. On this issue the Federal government has become attentive. In the ongoing Revision of the spatial planning act, currently being discussed by the Federal Assembly, the Federal Council is proposing a tightening of the supervision duty of the cantons in the Building outside of the construction zone.
This is especially with regard to illegal buildings. In the cantons of planning applications for projects do not have to approve outside of the building zones only, but also ensure that you will be stopped if a permit is missing. Also the Dismantling, demolition, or restoration to the original state should be able to arrange cantons and enforce.
farmland is ignore landfill
As a self-commune authorities, court decisions, shows the second case in the Toggenburg. There, a farmer in the years 2000, it has operated up to 2005 without a permit is an illegal Inert landfill on his Land in Wattwil SG. A construction company from the Region in this period approximately 10’000 cubic of rubble buried. Probably a good deal for both parties.
The Federal court ruled in 2008 that the Dismantling of the landfill. Cost: 350’000 Swiss francs, at the expense of the Builder and the construction company. Both ignore the decision, however, and the municipality of Wattwil treated the Bausünder generous. The cost of Dismantling, don’t be on a proportionate basis, in addition to many of the trucks would rides for the removal necessary.
the Federal court corrects the municipal Council
To date, only 2,100 cubic meters of rubble from the site had to be removed. Thus, the Federal court implemented a decision, the position of the municipality at the beginning of the year. “Wrong,” says the Federal court. Also in March, it has condemned on the Initiative of the WWF St. Gallen, the municipality, and once again, the judgment to enforce. The whole of the debris had to be removed. The forces Wattwil now to u-turn. Parish President Alois Gunzenreiner: “We will now need the client, a corresponding Reinstatement charge.”
the residential ban for new farm house
No mercy for the Federal court in 2016, also showed in the forestry Längenbühl BE. There, a farmer had aborted in the agricultural zone, an old “Heimetli” and created a house. Contrary to his information at the planning application stage, he inhabited the house itself. He wanted to rent out the apartments therein.
When peasant houses to be built in the agricultural zone is completely rewritten, is allowed only if the house is used for agricultural purposes. Therefore, the court decided: The client must be walled up Windows and doors of the new building – the apartments may not be used. The Federal court supported the decision.
Today, the owner lives in one of the apartments, as municipal President Kurt Kindler VIEWS confirmed. The other apartments remain boarded up.