Das Kompensationsprinzip im Schweizer Raumplanungsrecht

Abstract

Again and again there are demands on the land that are understandable, but are hardly compatible with the constitutional goals of economical land use and separation of building areas and non-building areas. In such situations, compensation mechanisms offer means of making certain activities possible. Compensation mechanisms have now become established in various areas of spatial planning law, particularly in connection with the use of crop rotation areas and in zoning without proof of need. As part of the second stage of the RPG revision, the so-called A compensation mechanism will also be introduced in the “planning and compensation approach” for buildings and facilities outside the construction zone. In addition to opportunities, this also entails risks.