If a legally binding plan calls for a specific development, can it still be required that the construction be carried out differently? The Federal Supreme Court had to address this question in a recent decision.

The plan called for the demolition of several existing buildings and the construction of a new apartment building with 15 units. The construction project was located entirely within the waterway zone. Although the property was situated in a densely developed area and an older zoning plan had provided for development at this location, the Federal Supreme Court found this to be insufficient.

Even in densely developed areas, it must be examined whether a development is possible that would have a lesser impact on the waterway zone. If alternative layouts or design options exist, they must not be disregarded when weighing the interests involved. The closer a project comes to the water, the greater the public interest in keeping the shoreline unobstructed.

It is also worth noting that even a special-use plan that has been legally binding for years is not set in stone. If the legal or factual circumstances have changed significantly, an adjustment to the plan may need to be considered.

For developers and property owners, this decision means that anyone planning to build near a body of water should not rely solely on existing building lines or special-use plans. Even during the project planning phase, it is worth exploring alternatives that leave as much space as possible for the body of water.

Bundesgericht, Urteil 1C_161/2025 vom 25. Juni 2026