Questione giuridica chiave
Whether Minergie-standard buildings with comfort ventilation are acceptable structural measures under Art. 24(2) USG and Art. 30 LSV to comply with planning values.
Decisione estratta
No. Passive insulation and comfort ventilation do not replace the measurement point at the open window and therefore do not qualify as structural measures that make compliance with planning values possible.
Motivazione estratta
Art. 39(1) LSV deliberately measures at open windows and also protects the outdoor living environment; accepting Minergie buildings would make Arts. 22 and 24 USG largely ineffective and undermine the precautionary principle.