La construction durable suit les réglementations cantonales

The war in Ukraine and its conse­quences have very much highlighted our depen­dence on fossil fuels, and that sustai­na­bility in construction is an essential component of a future-oriented energy policy.

Switzerland has varying regula­tions in this area across its different regions, owing to the consti­tu­tional compe­tency of each canton. In light of this, the Conference of Cantonal Energy Directors (EnDK) has adopted the Model Cantonal Energy Regulations (MuKEn) of 2014, which aim to harmonize and thus simplify construction planning and the corres­ponding approval proce­dures as far as possible.

We have examined how close the imple­men­tation of selected cantonal sustai­na­bility regula­tions is according to the MuKEn. The full analysis can be downloaded here (german). The analysis shows that Basel-Stadt, Lucerne, Jura, and Fribourg base their energy legis­lation relatively closely on the model regula­tions and, in some cases, even go beyond them. At the other end of the scale are Aargau, Uri, and Zug, who are currently planning imple­men­ta­tions, and Solothurn, which will have the fewest regula­tions in place in the foreseeable future.

The setting: cantonal responsibility intercantonal coordination

According to the Federal Constitution, energy policy in the building sector is the respon­si­bility of the cantons. Therefore, they are entitled to define and implement their own energy and climate policy goals within the framework of federal law.

This allocation of respon­si­bility makes perfect sense: Cantonal autho­rities are very familiar with the infra­structure, population, and sensi­ti­vities of their respective regions. They can thus plan and implement building law measures properly, efficiently, and with wide support.

However, the result is also a structure of different regimes, each with different charac­te­ristics and emphases. This can cause confusion among real estate players operating on a supra­re­gional scale. Moreover, since economies of scale are more difficult to achieve, the federalist division of roles leads to efficiency losses.

Politicians have also understood this. For this reason, cantonal councilors and experts are developing and coordi­nating common energy and climate policy objec­tives and strategies during cantonal confe­rences, such as the afore­men­tioned MoPEC 2014. Further relevant confe­rences are:

• Conference of Cantonal Energy Directors (EnDK)
• Energy Agency Conference (EnFK)
• Conference of Building, Planning and Environmental Directors (BPUK)
• Conference of the Heads of the Environmental Protection Offices (KVU)

Selected aspects of cantonal sustainability regulations

Currently, 21 cantons have incor­po­rated the MuKEn into their energy legis­lation, and the corres­ponding process is underway in another four. Only the Solothurn canton has not applied much of the MuKEn 2014, due to a negative referendum decision.

The imple­men­tation of two selected provi­sions of the MuKEn is shown below to provide an overview of the cantonal sustai­na­bility regula­tions.

Requirements for boiler replacement

This thought has probably crossed the minds of many homeowners in recent months: Replacing an oil or gas boiler with a heating system that is not dependent on fossil fuels. In practi­cally all cantons, the rule is that at least part of the newly generated heat must come from renewable energy sources. In Basel-Stadt, Zurich, and Geneva, this percentage is as high as 100% for all buildings. However, in the Zurich cost model, substi­tuting these heating sources has been proven to lead to signi­ficant additional life cycle costs. In Neuchâtel and Glarus, this regulation is only appli­cable to residential buildings, while other cantons require 10% or 20%. In Solothurn, no corres­ponding regulation currently exists.

Today, new buildings can indepen­dently cover part of their electricity consumption with photo­voltaic systems. With the MuKEn 2014, the cantonal energy direc­torate agreed on a mandatory minimum share. The requi­rement is a capacity of at least 10 watts per square meter of energy reference area. The entire property must produce a maximum output of 30 kilowatts, which corres­ponds to the electrical output of 15 ovens, 2,500 LED light bulbs, or 6,000 cell phone chargers. Alternatively, homeowners can pay a repla­cement fee.

Here, too, the cantonal spirit is at play: The amount is deter­mined indivi­dually by each of the 20 cantons that have already imple­mented the corres­ponding model regulation. Since the beginning of January, due to the federal decree for urgent measures to ensure short-term power during winter last fall, cantons that have not imple­mented the MuKEn 2014 in accor­dance with the corres­ponding article must now also install solar systems on the building envelope for new buildings of 300 square meters or more.

This new regulation for photo­vol­taics shows the dynamics of the legis­lation. In mid-March, the National Council will debate national requi­re­ments regarding photo­voltaic systems. Other develop­ments also came into force at the beginning of 2023. For example, the new energy law of the Glarus canton, which has become legally effective on January 1, 2023, comes very close to a ban on the instal­lation of fossil fuels.

Accordingly, there will continue to be local diffe­rences in legis­lation in the future, not only in the regula­tions but also in the support measures. For example, the amount of deduc­tions that can be claimed against taxable income for energy measures varies by canton. In the case of subsidies, there are even municipality-specific diffe­rences. We’ll explore this further in a later blog post. Accordingly, there will continue to be local diffe­rences in legis­lation in the future, not only in the regula­tions but also in the support measures. For example, the amount of deduc­tions that can be claimed against taxable income for energy measures varies by canton. In the case of subsidies, there are even municipality-specific diffe­rences. We’ll explore this further in a later blog post. 

Learn more about regulation in the sustai­na­bility sector through this specialist course (in German): «Sustainability for Real Estate Professionals». 

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