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Objecting to building plans: how it works.
Who is entitled to object?
Delays to building projects can soon have financial implications, and the parties hoping to build may lose valuable time. This is one of the reasons why not just anyone can raise objections to applications for planning permission. In principle, only neighbours are entitled to raise objections. The radius around a proposed building project within which someone is entitled to raise an objection is not clearly defined – the only stipulations are a «sufficiently close spatial relationship » and a «protectable interest».
It is not permitted either to raise an objection on behalf of another person affected, such as someone’s elderly mother.
Those objecting must also set out how a building project would affect them more than the general population. So anyone hoping to prevent a through road, without being affected more than the general population, is unlikely to be successful.
It also important to keep in mind any deadlines for submitting an objection. The deadline is normally 20 days, starting from when a building project is announced in, for example, the cantonal gazette.
When is an objection regarded as improper?
Anyone who has other intentions – besides preventing an impact on their own situation – is unlikely to see their objection succeed and may, in a worst-case scenario, have to contend with compensation claims from the party hoping to build.
Bear the costs in mind.
Before you decide to object, you should always look into the costs you will incur. The costs associated with the objection itself, as well as the procedural costs and any lawyer's costs, can soon add up, so the benefits and potential costs need to be carefully weighed in advance.
