Hofstattrecht
The Hofstattrecht (also known as the right to rebuild) describes the right in Switzerland to restore a destroyed or demolished building to the previous extent.
Historical meaning
The Hofstattrecht described previously customary rights that took the house with the paddock - were connected - the square in the village, on which the house with outbuildings, garden and manure pile is. In particular, it concerned rights of use to commons and the Alps , civil rights or access to offices. Hofstatt law also included the right to rebuild a previously existing building on the same farmstead.
Current legal situation
The legal basis is the spatial planning laws of the cantons . These can authorize the municipalities to allow corresponding exceptions to the applicable regulations on standard building methods in their building laws. Buildings may then be restored to the previous extent regardless of the regulations on boundary and building distances, building height and utilization factor.
Similar to the German Building Code ( Section 35, Paragraph 4 of the Building Code), the Hofstatt Law grants a guarantee of ownership, especially for farms located outside , which allows the landowner to rebuild his destroyed or dilapidated house in its previous form. The Hofstattrecht is also an expression of municipal autonomy, in Germany called municipal planning sovereignty.
In the Bernese Introductory Act to the Civil Code (EG ZGB), the civil law dimension of Hofstatt law becomes clear in neighboring law . Article 79 d states:
- “If a building is completely or partially destroyed by natural forces, it may be rebuilt to its previous extent within five years regardless of the private-law limit distance. The deadline is met if the building application is submitted before it expires. The reconstruction is to be carried out without arbitrary interruption. "
A project that is favored by Hofstattrecht is therefore protected from both public and civil defense claims by its neighbors.
Individual evidence
- ^ Karl Heinz Burmeister: Hofstatt (Hofstattrecht). In: Historical Lexicon of the Principality of Liechtenstein . December 31, 2011 .
- ↑ Example: Art. 81 Para. 3 Spatial Planning Act for the Canton of Graubünden (KRG) ( Memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Example: Art. 5 building law of the municipality of Flims
- ↑ Swiss Federal Court 111 IA 134
- ↑ Message from the government to the Grand Council, Issue No. 3 / 2004–2005, Revision of the Spatial Planning Act for the Canton of Graubünden (KRG revision)
- ↑ Bern Introductory Act to the Civil Code (EG ZGB) ( Memento of the original from April 9, 2013 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
