Housing protection Appeal against demolition permit in Riehen BS approved

The Basel Building Appeals Commission has approved an appeal by the Basel Tenants' Association against the demolition permit for several residential buildings in Riehen BS. According to the decision, the licensing authority of first instance did not take sufficient account of the provisions of the new Housing Protection Act.

The legal dispute over the demolition and new construction permit on the site of two existing semi-detached apartment buildings on Rainallee in Riehen is considered a precedent-setting case for the implementation of the new housing protection provisions in the Basel Housing Promotion Act. The current decision by the Building Appeals Commission on the demolition permit is now being presented as a stage victory by the Basel Tenants' Association (MV).

As the licensing authority of first instance, the Building and Hospitality Industry Inspectorate did not take sufficient account of the strict housing protection requirements set out in the Housing Promotion Act in the event of a housing shortage, it says. For example, the new apartments had to be in the same category as the old apartments and serve the needs of the resident population. In addition, special ecological requirements must be met.

Furthermore, the Building Appeals Commission criticized the lower court for denying the appealing MV the right to be heard. The Building and Hospitality Industry Inspectorate must therefore now reconsider its demolition permit in terms of the statutory protection of residential properties.

SDA