Question juridique clé
How is the term “road open to the public” in § 34(1) of the cantonal building code to be interpreted for purposes of calculating floor-area utilization?
Solution extraite
The term must be interpreted restrictively; the broad interpretation used in road-traffic law does not apply.
Motifs extraits
The court distinguished § 34 KBR from Art. 1 SVG and Art. 1 VRV. Those traffic-law provisions serve road-safety purposes and justify an expansive notion of public road. Section 34 KBR, by contrast, is unrelated to traffic safety; in light of property freedom, the concept of publicity should be construed narrowly.