Berne: Canton supports Berne housing initiative
The Department of Justice, Communes and Churches of the Canton of Bern (JGK) has rejected the complaint against the implementation of the housing initiative in the city of Bern. It did not interfere with the guarantee of property ownership to oblige property owners to create affordable housing.
The aim of the housing initiative is to oblige property owners to create affordable housing for at least one third of residential use and to rent it out at cost when rezoning or rezoning properties. To achieve this, the city of Bern's building regulations are to be amended.
The Homeowners' Association of Bern and the surrounding area and various private individuals have lodged an appeal against this with the JGK. Their argument: the new regulations would violate the right of owners to use their properties as they see fit.
However, the JGK does not consider the City of Bern's new building regulations to be a violation of the property guarantee enshrined in the Federal Constitution. The building regulations of the city of Bern are a sufficient legal basis for the intervention, and it is also not considered "severe" in the sense of federal court case law, the JGK stated in a press release. The restrictions are proportionate because they leave the owner with sufficient opportunities to use their property economically, even with the obligation to provide affordable housing.
The JGK's decision can still be appealed to the Administrative Court.
