Building obligations in Switzerland: Overcoming the passivity of plan implementation

Switzerland finds itself confronted with a seemingly paradoxical situation: the building zone is too large while at the same time, there is not enough land available for structural development. Traditional planning instruments are failing in the face of this dilemma. A land policy approach by means of a building obligation shall provide redress and has been introduced in two places in the course of the SPA-revision. A building obligation has been added as a condition for the extension of the building zone. Additionally, there is an explicit task for the existing building zone, the building obligation must be incorporated into the cantonal planning and building law and the municipalities shall be able to apply to it. Considering Rothenbrunnen GR as a specific practical example also reveals that it is not the actual application that matters but rather the applicability and that building land can be mobilised (even if indirectly) by means of a building obligation.