Permanent shadow is a term from cantonal building law in Switzerland.
Permanent shade is the permanent shade that has an uninterrupted effect from one property on a neighboring property. The shadows cast by high-rise buildings or vegetation, for example, must not significantly impair the neighborhood. There is no significant impairment if the permanent shadow falling on the surrounding residential buildings and areas of the neighboring parcels that can be built on for residential purposes is no more than two hours on a mean winter day and no more than three hours on a mean summer day.
Light deprivation and shadows can be grouped. Negative emissions Neighbor Law according to injunctive relief and restitution claims. Art. 684 ff. Civil Code .
Determination of structures
In public building law in Switzerland , the required space between buildings is mostly determined by standard distances . The permanent shadow can also be calculated for higher structures . A new building is permitted if its permanent shadow does not touch a neighboring house. The construction of the permanent shadow is - in contrast to the construction of the standard distance - very complex. In some municipalities in Switzerland , the permanent shadow is constructed as follows:
2-hour permanent shadow on the middle winter day: For the new building, the shadow cast is constructed on the middle winter day (February 8 and November 3) from 8 am to 4 pm real local time. Permanent shadow covers those parts of the site that are in the shade for more than 2 hours .
3-hour permanent shadow on the middle summer day: For the new building, the shadow cast on the middle summer day (May 1st and August 12th) will be constructed from 6 a.m. to 6 p.m. real local time. Permanent shadow covers those parts of the site that are in the shade for more than 3 hours.
A building permit may only be issued if neither the permanent shadow on the middle winter day nor the permanent shadow on the middle summer day touches the neighboring houses. If necessary, the affected neighbor can file a complaint against the building permit and then take legal action against the administrative court.
- Paul Märki: Instructions for the construction of the permanent shadow of buildings January 24, 2005
- ↑ Guidelines for calculating shadow diagrams in the canton of Thurgau ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Department of Building and Environment Thurgau, December 9, 2014
- ↑ Extract from the judgment of the Second Civil Division of the Swiss Federal Court of May 18, 2000
- ↑ Immissions website of Bürgi Nägeli Rechtsanwälte, accessed on June 12, 2017
- ↑ Alexander Ruch: Legal protection against approval decisions, spatial planning and building law 2009, p. 233 ff.