Bern: Federal Court approves housing initiative

According to a statement by the city of Bern, the Federal Supreme Court has confirmed the position of the lower courts with its ruling. The petition for a referendum "For affordable housing" does not inadmissibly interfere with the constitutionally guaranteed property rights and economic freedom.

In addition, the initiative is not in conflict with tenancy law, because the required changes in the municipal building code would not interfere with the individual, private-law tenancy relationship.

Bern's mayor, Alec von Graffenried, said the ruling was a clear affirmation of the path the city of Bern had taken in housing policy and showed that the housing initiative was a suitable instrument for creating affordable housing in the long term. The decision creates clarity throughout Switzerland on the validity of similar housing policy initiatives.

The initiative "For affordable housing" was approved by the electorate in 2014 with just under 72% votes in favour. It provides for two regulations to be added to the building regulations of the city of Bern: In newly created residential zones or in residential zones that are upgraded with an increase in use, at least one third of the living space is to be provided at affordable prices or by non-profit sponsors. In addition, owners should in principle be able to build 20% more floor space if they are non-profit or build affordable housing.

The implementation of the regulations was taken all the way to the Federal Court by various objectors. However, the city of Bern is already applying the obligation that at least one third of new projects should provide affordable housing. At the beginning of 2020, the provisions of the housing initiative are then to come into force on a binding basis. (ah)