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Art. 2 Baugesetz (BauG) - 3 Allgemeine Voraussetzungen der Bewilligung
Öffentliches Baurecht - Voraussetzungen des Bauens
Art. 2 Baugesetz (BauG) · 3 Allgemeine Voraussetzungen der Bewilligung
1. Bauvorhaben sind zu bewilligen, wenn sie den bau- und planungsrechtlichen Vorschriften und den nach anderen Gesetzen im Baubewilligungsverfahren zu prüfenden Vorschriften entsprechen, die öffentliche Ordnung nicht gefährden und wenn ihnen keine Hindernisse der Planung im Sinne der Artikel 36 und 62 entgegenstehen.
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Gerichtsentscheide zu dieser Bestimmung (26)
100 2022 371 · be (Art. 2 Abs. 1 BauG)
Cantonal Court Upholds Multi-Family Housing Permit Despite Swift Colony Concerns Due to Compensatory Measures
Cited in the reasoning leading to the dismissal of the appeal, confirming entitlement to the building permit when provisions are met.
110 2025 1 · be (Art. 2 Abs. 1 BauG)
Municipal Permit Denial Overturned for Industrial Zone Billboards
The main ground for granting the building permit is that the project complies with legal and planning regulations, as stated in the order to grant the permit.
110 2023 135 · be (Art. 2 Abs. 1 BauG)
Directorate Decision Upheld on Road Closure Modification Allowing Agricultural Access
This article outlines the general conditions for granting building permits, which the court implicitly applies when reviewing the merits of the project change.
110 2021 40 · be (Art. 2 Abs. 1 BauG)
Appeal Against Building Permit for Mobile Communication Mast Due to Radiation and Scenery Concerns
Cited in the reasoning section (E. 8b) concerning the prerequisites for granting building permits, which justifies not staying the proceedings further.
110 2024 103 · be (Art. 2 Abs. 1 BauG)
Administrative Directorate Overturns Municipal Denial of Tourist Rental Permit Based on Accessibility Standards
The appeal was granted, and the building permit was issued based on the finding that the project complied with building and planning law.
110 2021 52 · be (Art. 2 Abs. 1 BauG)
Antenna Modification Permit Appeal Dismissed Based on Expert Assessment and Ordinance Compliance
The appeal was dismissed because the conditions under planning, construction, and environmental law, as well as other relevant laws, were met for granting the permit.
110 2021 11 · be (Art. 2 Abs. 1 BauG)
Cellular Mast Permit Challenge Regarding Radiation and Zoning
The decision confirms the administrative decision because the prerequisites for granting building permits, including compliance with planning, construction, and environmental laws, were met.
110 2023 146 · be (Art. 2 BauG)
Property Division Permit Revision Appeal Settlement
The basis upon which the modified project was deemed approvable.
110 2023 29 · be (Art. 2 BauG)
Administrative Authority Dismissal of Appeal Regarding Building Permit Due to Shadowing of Solar Installations
The decision confirms the prior building permit because the project meets the requirements of building and planning law.
110 2022 135 · be (Art. 2 Abs. 1 BauG)
Appeal Against Building Permit for Pedestrian Crossing Dismissed
This general provision on when building projects must be approved was used to determine the substantive legality of the permit.
110 2022 113 · be (Art. 2 BauG)
Building Permit Upheld Despite Townscape and Swift Colony Objections
The appeal was dismissed because the building project meets the requirements for a building permit under public building and planning law, as per the requirement for approval in this article.
110 2022 126 · be (Art. 2 Abs. 1 BauG)
Municipal Building Permit Upheld Despite Private Utility Interference Claim
Used implicitly (e contrario) as the basis for determining that the appeal regarding private sewage pipes is not a matter for building permit proceedings.
110 2021 91 · be (Art. 2 BauG)
Petitioners v. City Authority Regarding Carport Permit Denial Based on Aesthetic Regulations
This article, stating the conditions under which building permits must be granted, underlies the entire decision to dismiss the appeal when conditions (Aesthetic rules) are not met.
110 2019 217 · be (Art. 2 Abs. 1 BauG)
Applicant v. Administrative Authority Regarding Parcel Locker Noise Monitoring Condition
Although cited in the reasoning regarding the general requirements for granting building permits, it is not explicitly cited in the dispositive orders (Section III).
110 2019 186 · be (Art. 2 Abs. 1 BauG)
Municipal Building Permit Appeal Regarding Retaining Wall and Parking Spaces
Cited in the reasoning as the general provision under which projects must comply with building and planning regulations, leading to the refusal for the parking spaces due to lack of access.