A pergola can improve the ambience and create more space for green areas while adding a beautiful and functional accent to any garden. Before you start building, you should consider all the legal aspects. It is important to obtain a building permit before erecting the pergola. Otherwise, there may be serious legal consequences!
In this article, Sky Pergola gives you detailed instructions on what you need to do to obtain a building permit for your pergola. At the same time, we will discuss the possible consequences if you build or have already built a pergola without a permit. We will show you what to do to get out of the situation without a penalty if possible.
Legal requirements for building a pergola
Building regulations in Switzerland are set at federal, cantonal and municipal levels. These different levels are important for the construction of a pergola and the building permit. There are general guidelines at the federal level to ensure the safety, aesthetics and sustainability of structures. However, whether a building permit is required for a pergola often depends on the laws of the canton or, at the local level, on the municipality.
As a general rule, you will always need a building permit to build a pergola. However, the size, design, materials and proximity to property lines and other buildings may meet specific requirements. Small structures such as pergolas can be built by some municipalities and cantons without a building permit as long as they meet certain requirements.
Expert tip:
To ensure that you do not need a building permit for your pergola, you should contact your local building authority. They can tell you the specific regulations and requirements and assist you in applying for the permit.
The legal situation in the various cantons
Each of the 26 cantons in Switzerland has its own regulations for the construction and installation of structures such as pergolas. In some cantons, such as Zurich and Lucerne, a building permit is required regardless of the size of the pergola. Other cantons, such as Geneva and Ticino, allow pergolas without a building permit under certain conditions.
Even if your canton allows pergolas without a building permit, you still need to follow your municipality's local building codes for due process. These may include requirements for materials, design, height and setback from the lot.
Here are a few examples of cantonal building regulations:
- Zurich: A building permit is always required, regardless of the size of the pergola.
- Lucerne: All buildings, including pergolas, must have a building permit.
- Geneva: Pergolas below a certain size are allowed to be built without a permit, provided they comply with all other building regulations (including local ones).
- Ticino: Pergolas without a fixed roof do not require a building permit. Pergolas with a fixed roof require a building permit.
Four steps to the pergola building permit
The process you need to build your pergola may vary depending on your canton and municipality, but for a simplified notification procedure you usually need to follow the following four steps:
Step 1: Create a blueprint:
The construction plan should include a detailed representation of the pergola, including size, materials and location on the property. There are also some municipalities that even require information about the color and roof design. An official cadastral plan can be helpful in drawing up the construction plan.
Step 2: Fill out the application form:
The pergola building permit form is usually available from the local building authority. In addition to the building project, the form also asks for detailed information about the homeowner.
Step 3: Submit the application together with the building plan:
It is advisable to do this at your local planning authority. The plans often also have to be presented to your neighbours for review. Here too, they may still have a right to have a say in the pergola building permit.
Step 4: Wait for permission:
The time it takes to receive the building permit can vary, but expect it to take at least a few weeks. Under no circumstances should you start building the pergola until you have received the permit!
Expert tip:
Using a professional architect or contractor can be very helpful in this process. They will know the requirements and can ensure that your plans and application contain all the necessary information.
What happens if a pergola is built without a building permit?
Without a legal permit, building a pergola can have significant consequences. Depending on the specific laws and regulations of your canton and municipality, you may face fines, an order to demolish the pergola or even building law proceedings
If you build a pergola without planning permission, you also risk problems selling your home in the future. Potential buyers or their mortgage lenders may find, after conducting a due diligence check, that the pergola was built illegally. This could result in them having to cancel the purchase or remove the pergola before the transaction is completed.
Using these two case studies, we would like to show you what can happen if pergolas are built without a building permit:
- Case 1: A family in Zurich was fined and had to remove their pergola because it was built without a permit.
- Case 2: A woman in Lucerne was forced to demolish her illegally built pergola after neighbors complained about it.
It is always better to get all the necessary permits before you start construction. This will save you time, money and stress in the long run. But what should you do once you have already built your pergola?
How to deal with an illegal situation
If you have already built a pergola without the necessary building permit, it is now important to act quickly and responsibly. To avoid serious legal consequences, you should take the following steps:
1. Inform the authorities:
Contact your local building authority and inform them of the current situation immediately. It is more beneficial if the information comes from you rather than being discovered by a neighbor or during a routine inspection.
2. Check your other options:
In some cases, you can apply for retrospective planning permission. This usually involves additional fees and possibly penalties. In other situations, it may be necessary to modify the pergola or even remove it entirely.
3. Get professional help:
A lawyer, architect or contractor can help you walk through the process and make sure you follow all the regulations. You may also get legal assistance to help you get out of the situation as clean as possible.
It is important to take the situation seriously and act as quickly as possible. The authorities are more likely to cooperate with you if you are sincere and actively try to solve the problem!
We can help you make your project a success
Building or installing a pergola is a fascinating project that will add charm and utility to your home and garden. However, it's important to remember that it's more than just design and material selection - legal aspects such as obtaining a pergola building permit are just as important.
Whether you are building a pergola from scratch or extending one that has already been built, make sure you have all the necessary permits. Understanding and following the specific building regulations of your municipality and canton will pay off in the long run.
With the right preparation, due diligence and compliance with local building laws, you can dream of spending relaxing hours under your pergola instead of being plagued by legal disputes and possible penalties. Sky Pergola offers you the solutions to make your project a success with an extensive range of products !
Our experts will help you find the perfect model for your needs and budget. Go to customer service >
