The Swiss Federal Council responded on March 27, 2024, to a proposal put forth by the Commission for Environment, Spatial Planning, and Energy of the National Council (UREK-N). This proposal suggests restricting the right of environmental organizations to appeal in cases of smaller residential constructions within the building zone under the Nature and Cultural Heritage Protection Act. The Federal Council supports UREK-N’s proposals.

Under the current law, authorized environmental organizations can legally challenge certain construction projects to ensure compliance with regulations. The parliamentary initiative “No David versus Goliath in Association Appeals” (19.409) calls for amending the Nature and Cultural Heritage Protection Act (NHG). According to this initiative, it is deemed unjustified for environmental organizations to lodge appeals in certain cases concerning smaller residential constructions. Hence, individuals intending to build such constructions within the building zone should generally not expect appeals from environmental organizations. Therefore, the right of appeal for associations in smaller construction projects within the building zone is proposed to be restricted. UREK-N has drafted the corresponding legislative proposal, to which the Federal Council responded on March 27, 2024.

The Federal Council supports UREK-N’s proposals, agreeing to limit the right of appeal for residential constructions up to 400 m2 within building zones. Additionally, the exceptions proposed by UREK-N are endorsed by the Federal Council. It is suggested that the right of appeal should be retained for projects in building zones affecting significant local landscapes, historical sites, cultural monuments, as well as constructions in sensitive areas such as habitats or watercourses.

The National Council is expected to address the proposal during the special session in April.

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