{"id":62466,"date":"2023-06-28T14:27:35","date_gmt":"2023-06-28T12:27:35","guid":{"rendered":"https:\/\/wwwtest.ginesta.ch\/immobilienwissen\/help-switzerland-is-getting-ballenbergised\/"},"modified":"2025-10-29T16:00:39","modified_gmt":"2025-10-29T15:00:39","slug":"help-switzerland-is-getting-ballenbergised","status":"publish","type":"post","link":"https:\/\/www.ginesta.ch\/en\/immobilienwissen\/help-switzerland-is-getting-ballenbergised\/","title":{"rendered":"Help, Switzerland is being balebergized."},"content":{"rendered":"

The three sets of regulations that can have a direct influence on what happens to a property that is even potentially worthy of protection are called ISOS<\/a>, monument protection and KGS. Their meshes are getting tighter and tighter, and the likelihood of your property unexpectedly ending up on one of these lists has increased significantly in recent years. <\/p>\n

ISOS – the diffuse and arbitrary protection inventory with a faint aftertaste<\/strong><\/p>\n

The abbreviation stands for Inventory of Swiss Sites worthy of Protection<\/a>. It is a database that records and protects important historical sites and sites across the country. The ISOS is intended to serve as an instrument for the preservation and maintenance of Switzerland’s cultural heritage. It enables the systematic recording and documentation of sites<\/a> that are important for history, architecture or cultural identity. For their owners, this means that they are subject to special protection provisions and must meet certain requirements in order to preserve their historical integrity. <\/p>\n

The ISOS was created in 1981 by the Federal Office of Culture (BAK) in Switzerland. The initiative for this came from the BAK itself. The aim was to carry out a comprehensive inventory of sites worthy of protection in Switzerland and thus contribute to the preservation of the country’s cultural heritage. <\/p>\n

The population neither voted on the ISOS nor commissioned the federal government to draw up such an inventory. At the beginning, or rather until the first court decision, it was not even clear whether it was binding on the owners, especially as they never had the opportunity to object to an ISOS classification. <\/p>\n

With this first court decision based on ISOS in 2009, the inventory suddenly took on an owner-binding significance and this marked a significant turning point for every property recorded as part of the 1,200 protected sites. Until now, upzoning is no longer possible in many cities due to the protection of the townscape. <\/p>\n

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For the ISOS, it is important that an old one-and-a-half-storey housing estate from the 1940s is preserved in a four-storey residential zone, as vegetables were grown in the front gardens there during the Second World War.<\/p>\n<\/blockquote>\n

The rating “worth protecting”: almost only a burden, hardly any joy<\/strong><\/p>\n

Basically, the status “worthy of protection” means that a building or garden “could” have certain historical, architectural or cultural features worthy of preservation. In and of itself something positive. But not if you, as the owner, have no say or influence, only restrictions, even in the case of properties and gardens that are only classified as “potentially worthy of protection”. <\/p>\n

It is not so easy to find out whether something has been classified as worthy of protection. This is because internet searches are usually unsuccessful. Except in large cities such as Zurich, “worthy of protection” is marked in the geographical information system. In municipalities, you first have to ask the building authority about the protection status of a property or garden. <\/p>\n

If a property is worthy of protection, the authorities are generally not even able to provide information about who made this assessment and why the entry exists in the first place. If you would like to find out more, an in-depth cultural-historical investigation is necessary, which can only be triggered by a building application or a provocation procedure carried out at the request of the landowner. <\/p>\n\n\n\n
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The provocation procedure<\/strong><\/p>\n

Normally, a building or property’s worthiness of protection is clarified by experts in monument protection. They examine the property in terms of its historical, architectural or cultural significance and assess whether it meets the criteria for protection. The decision is made by the municipal building authority. <\/p>\n

If, after these clarifications, protection is desired by the authorities, the municipality attempts to draw up an “administrative contract” with the landowner. If no agreement can be reached, a ruling is issued twelve months after the provocation procedure is initiated. An owner can lodge an objection to this decision, which is publicly announced, within thirty days. <\/p>\n

If the property is not worthy of protection, it is removed from the inventory of buildings worthy of protection. However, there is a risk that associations such as the Heritage Society will challenge this decision. <\/p>\n

The process therefore generally takes at least nine to twelve months. During this time, there is an absolute ban on changes. The often unsuspecting owner also incurs enormous legal costs if no agreement is reached with the local authority. <\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

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In other words, the state has created a fiche of your property. However, in contrast to the last fiche scandal in Switzerland<\/a>, where a parliamentary commission (PUK) was set up in 1981 and the scandal was investigated, nobody is crying out today. Although it is of course a scandal if a property suddenly appears on a list that is not publicly accessible without the owner’s knowledge and unexpected obstacles are placed in the way of a sale, renovation or the construction of a new replacement building. <\/p>\n

Somewhat more transparent, but no less restrictive: cantonal or communal monument protection<\/strong><\/p>\n

If an individual house is classified as a building worthy of protection, regardless of its surroundings or townscape, this means that it is subject to special protection regulations. These can vary depending on the canton and municipality, as monument protection in Switzerland is largely regulated at cantonal and municipal level. <\/p>\n

The positive thing about this status is that you know about it when you buy or when it is placed under protection and may even have a say or the opportunity to challenge it. Protected properties usually have a corresponding entry in the land register. <\/p>\n

As a rule, classification as a building worthy of protection is associated with strict conditions and restrictions. This may mean that certain historical and\/or architectural features must be preserved or restored during renovations or conversions. It may also be mandatory to use certain materials or construction techniques in order to preserve the character of the building. <\/p>\n

Similar principles apply to gardens. A garden that is classified as worthy of protection may have certain design elements, historical vegetation or a special landscape composition. Here too, protection regulations can stipulate how the garden should be maintained and designed in order to preserve its historical or cultural value. <\/p>\n

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Around 272,000 individual properties with special heritage conservation qualities were already recorded in 2016, over 75,000 of which were subject to owner-binding conservation measures.<\/p>\n

Source: Federal Statistical Office <\/a> <\/span><\/p>\n<\/blockquote>\n

The premier class of restrictions: the KGS<\/strong><\/p>\n

If your property has made it into the inventory of cultural assets of national or regional importance (KGS)<\/a> without you noticing – as was the case with the “ISOS entry” or the “status worthy of protection” – then, depending on the situation, you may have reached real estate disaster point.<\/p>\n

The inventory is issued by the Federal Council at the request of the cantons. At its meeting on October 13, 2021, the Federal Council approved the Swiss Inventory of Cultural Property with objects of national and regional importance for the last time. It lists important cultural assets from the fields of monument preservation <\/a>and archaeology as well as collections in museums, archives and libraries for which measures need to be planned to protect them from threats in the event of armed conflicts, disasters and emergencies. The Federal Office for Civil Protection is the patron of this inventory. The foreword was written by Defense Minister Viola Amherd herself. <\/p>\n

Even with regard to the entry in this inventory, there is initially no possibility for the owner to lodge an objection. If you are mistakenly included in the inventory, you need a Federal Council decision to get out again. <\/p>\n

Additional tightening due to the adopted Climate Protection Act<\/strong><\/p>\n

All these inventories and their regulations are turning Switzerland into an open-air museum. We should be densifying and absorbing the significantly increased space requirements on the current settlement area. However, the above laws, ordinances and decrees actively work against these spatial planning objectives. <\/p>\n

With the adoption of the Climate Protection Act in summer 2023, the situation for such properties will become even more explosive. This is because old, protected house facades with possibly even protected interiors cannot be insulated in a climate-neutral way. Nor can they be heated in a climate-neutral way. And the external appearance should certainly not be disturbed by solar panels. <\/p>\n

Who is responsible for this situation? Ultimately the general public, which allows the following institutions to exist: <\/p>\n

Main protagonist number 1: homeland security <\/strong><\/p>\n

The Swiss Heritage Society defines its mission as follows:<\/p>\n

“Together with its sections, the Swiss Heritage Society is committed to promoting building culture. We are committed to the built heritage and valuable urban and rural spaces. We are supported by energetic members and patrons. <\/p>\n

The exact tasks include<\/p>\n