Construction and Neighbours Rights in Switzerland

Neighbourhood Law in Construction Matters

In Switzerland, construction law is at the intersection of public law (Spatial Planning Act, municipal regulations) and private law (Civil Code, neighbourhood law). When a construction project is filed, neighbours have important rights to protect their interests. Article 684 CC establishes the fundamental principle: everyone must exercise their property rights while refraining from any excess to the detriment of neighbours.

Excessive Immissions (Art. 684 CC)

Article 684 CC prohibits excessive immissions, meaning infringements that exceed what a neighbour must tolerate according to local custom:

1. Noise: construction sites, commercial activities, technical equipment (air conditioning, ventilation)
2. Smoke, odours, dust: demolition works, industrial activities
3. Vibrations: machinery, traffic generated by the project
4. Deprivation of light and sunlight: high-rise construction, excessive shadow cast
5. Deprivation of view: although Swiss law does not guarantee an absolute right to a view, a gross deprivation may constitute an excessive immission

The excessive character is assessed according to the nature of the neighbourhood (residential, industrial, mixed zone) and the intensity of the infringement.

Regulatory Distances and Heights

Cantonal law and municipal regulations set minimum distances between constructions and property boundaries. These rules vary by canton:

1. Distance to boundary: generally between 3 and 6 metres for principal buildings
2. Distance between buildings: often double the boundary distance
3. Maximum height: defined by the zone regulations (General Allocation Plan Regulations)
4. Floor space ratio (FSR): ratio between floor area and plot area

In addition to public law, art. 79 of the Final Title CC reserves cantonal provisions on distances between buildings and plantations.

The Opposition Procedure

Any construction project subject to a building permit is subject to public consultation (generally 30 days). During this period, directly affected neighbours may file an opposition with the competent authority (municipality or cantonal service). The opposition must be reasoned and invoke concrete grievances: violation of distances, non-conformity with the allocation plan, excessive immissions, insufficient integration into the site.

Remedies

If the opposition is rejected and the permit granted, the neighbour may appeal:

1. Cantonal administrative appeal: before the cantonal commission or administrative court, against the decision to grant the building permit.
2. Appeal to the Federal Supreme Court: as a last instance, for violation of federal law (SPA, EPA) or constitutional rights.
3. Civil action: in parallel, the neighbour may bring a civil action based on art. 679 CC (liability of the property owner) or art. 684 CC to have the excessive immissions ceased.

Provisional Measures

In case of urgency, the neighbour may request provisional measures (suspension of works) from the civil or administrative judge. The judge weighs the interests between the constructor's right and the neighbour's protection. Such measures are granted when the harm appears irreparable.

Liability of the Building Owner

The building owner is liable for damage caused to neighbouring properties by construction works (art. 679 CC): cracks, subsidence, water infiltration. This liability is strict (no-fault), meaning the neighbour does not need to prove negligence, only the damage and the causal link.