Right to build closer to the property line and easements
How to optimize the starting position of your property with building rights closer to the property line
How to optimize the starting position of your property with building rights closer to the property line
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You may have found the perfect building plot, but the required building or boundary distances for your dream house, in the desired shape or orientation, cannot be maintained. In such situations, a building permit allowing you to build closer to your neighbor's property is necessary. This permit often seems like an unavoidable hurdle when plots have limited development potential, but depending on the circumstances, the effort to obtain this exemption can be worthwhile. Our guide below explains what you need to consider when applying for a building permit allowing you to build closer to your neighbor's property.
The building setback is the distance between the projected facades, i.e., the official survey of two buildings. The boundary setback is the distance between the facade of a building and the property line.
Each canton and municipality determines its own building regulations and defines the applicable building, street, and boundary distances. These regulations take into account both public and private interests. This includes ensuring that residents receive sufficient sunlight, light, views, and open space between neighboring properties. Furthermore, health and fire safety factors must always be considered.
Municipal building regulations must always be observed, although exceptions are permitted for certain parameters. If a valid agreement exists between the affected neighbors, a building permit can be obtained. This permit allows for a reduction in the legally required minimum distance. Unfortunately, these exceptions are not available in all cantons and municipalities. Furthermore, minimum distances to roads, forests, and public waters must be maintained, as these factors are considered to be in the public interest, not a private one.
There is no statutory regulation governing the process of obtaining a right of way for building closer to the property. However, since this right must be submitted with the building application, a written agreement is mandatory. To ensure this is legally sound and verifiable in the long term, a servitude agreement should be drawn up and notarized. The advantage of this is that the unilateral or reciprocal right of way is then recorded in the land register and remains binding for future owners as well.
The following data should be taken into account when registering the right to build closer to the property in the land register:
In principle, we recommend registering a reciprocal right of way so that both parties benefit from the same rights and to the same extent.
The parties are generally free to stipulate further substantive restrictions in connection with the right to build closer to existing structures, in compliance with all relevant building regulations. A possible additional provision could, for example, be to limit the right to build closer to existing structures to certain types of buildings such as garden sheds, garages, and carports (small structures).
Unfortunately, despite the larger buildable area, the right to build closer to the property line also has certain disadvantages. Reduced building and boundary distances can lead to an impairment of light, sunlight, views, emissions, and thus the quality of living. For this reason, the affected neighbors (in cases of unilateral preferential treatment) could demand compensation from the benefiting neighbor. There are no standard guidelines for the amount of compensation; the sum or form of compensation can be determined individually.
We actively support you in all these matters. As your contact person at AZ, we draft the easement agreement with the parties involved, taking into account their individual circumstances, including all necessary clarifications with the relevant authorities, right up to the notarization.
Do you have questions about this topic or would you like a personal assessment? Our experts are happy to assist you.
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