Kernrechtsfrage
Conditions for ordering demolition of a structure built without a permit under Art. 29 BauG
Extrahierter Entscheid
A demolition order is not permissible immediately for a merely formal building-law violation. The authority must first set a deadline to initiate the permit procedure, and, if necessary, the exceptional-permit procedure; demolition may be ordered only if the deadline is ignored or the permit is refused.
Extrahierte Begründung
Although non-compliance with building regulations can justify demolition, Art. 29 BauG must be interpreted in light of the constitutional principle of proportionality governing police measures. Therefore, before ordering removal, the authority must require the owner to seek the necessary authorization and allow time for the permit process.