Annuaire français du droit de l'urbanisme et de l'habitat 1999

Abstract

Planning law originally developed in Switzerland at the local level. The federal State has been exercising general jurisdiction only since 1969. The federal law on land-use planning, which provides a general legislative framework, was adopted ten years later. It authorises the federal State to ensure a minimum uniformity by defining the basic principles that the federated States shall have to implement in their respective legislation.The main instruments used are the following : planning guidelines, which aim at coordinating within a consistent framework all activities affecting the territorial organisation ; an assignment plan, which imposes precise and compulsory regulations over the different possible uses of land ; construction permits, which materialise the assignment plan according to every specific case.Finally, development measures restricting property rights shall be compensated in so far as they amount to material expropriation. As for the advantages and disadvantages resulting from development measures, the principle is that they should be compensated.

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