Planning approval procedure for electrical systems

Anyone wishing to construct or modify electrical systems (e.g. power lines, transformers and switching stations) is in principle required to obtain planning approval. In certain exceptional circumstances, it is possible to construct or modify an electrical system without the need for planning approval.

Licence-free construction and low-voltage installations

Maintenance work and minor technical modifications to electrical systems can be carried out without the need for official approval if the work concerned does not have any notable impacts on the environment. In case of doubt, the Inspectorate is responsible for deciding whether approval is necessary.

The term “maintenance work” encompasses all activities that maintain the system in its approved state. Technical modifications are only classified as minor if they do not significantly change the external appearance of the system. The corresponding activities and modifications are described in the applicable legal bases.

Special rules apply to the installation and modification of facilities in the low-voltage network (e.g. building connections). If installations of this kind are located in a conservation area designated under federal or cantonal law, they are subject to a licensing requirement. All other installations in low-voltage networks are approved by the Inspectorate within the scope of periodical inspections.

The licensing authority is the Federal Inspectorate for Heavy Current Installations (hereinafter, Inspectorate) or the Swiss Federal Office of Energy (SFOE) if the Inspectorate is unable to deal with all objections or settle disputes with federal authorities.

In the planning approval procedure, specific projects are closely examined in order to verify that they meet the relevant safety requirements and legal provisions, especially those governing environmental protection, area planning, nature conservation and the protection of local history and culture. In addition, other involved persons (land owners, local residents, etc.) can also assert their rights.

With planning approval, all the necessary permits for implementing a submitted project can be granted. No other federal or cantonal licences or permits are required.

The sequence of the planning approval procedure varies, depending on whether a standard or simplified process is to be carried out.

Standard and simplified planning approval procedures

The steps outlined below apply to the standard planning approval procedure, i.e. the procedure that is carried out under normal circumstances. There are cases, however, in which it is possible to imple-ment a simplified procedure. The simplification consists in the waiver of the requirement to officially publish and publicly disclose the plans. Instead, the project is submitted directly to the affected par-ties for comment, if they have not previously given their consent to the plans. The licensing authority can request a statement of position regarding the project from the involved cantons and communes.

This simplified procedure can be applied under the following circumstances:

In projects that are limited in terms of geographic location and in which a low number of affected entities or persons can be clearly identified;
When alterations are to be made to systems that do not significantly change the exter-nal physical characteristics, do not affect the legitimate interests of third parties and only have a minor spatial and environmental impact;
If the project concerns installations that are to be removed again after three years or are intended to provide electricity for construction purposes;
If the detailed plans support an already licensed project.

Sequence of the standard planning approval procedure for electrical systems

Plangenehmigungsverfahren für elektrische Anlagen - Bild 1 e

Preparation and submission of application

The applicant (as a rule, the grid operator) prepares a specific project and submits the application for planning approval to the Inspectorate. The submitted documentation must include all the information that is required for evaluating the project, including in particular a substantiation of the need for the facility, a detailed description of aspects of relevance to safety, information about the impacts on the environment and landscape, and compliance with area planning requirements. The application must also include maps and plans. The Inspectorate has published guidelines regarding the documentation that has to be included in applications for planning approval.

Underground cables have to be used for power lines with a voltage lower than 220 kV, insofar as this is technically and operationally feasible, accessibility can be guaranteed at any time within the normal deadline, and the total costs for underground cabling versus the total costs for overhead lines do not exceed a specified additional cost factor. The applicant is responsible for calculating the additional cost factor and submitting the corresponding data together with the application documentation. For this purpose, the applicant must refer to the guidelines formulated by the SFOE in an Excel file.

Publication and call for comment

After the application for planning approval has been submitted, the Inspectorate requests the involved cantons to publish it in their official gazettes. The application documentation is made publicly available by the authorities in the involved cantons for a period of 30 days. Any planned modifications of the terrain or buildings have to be depicted through the use of profiles. The cantons and involved federal authorities (e.g. Federal Office for the Environment, Federal Office for Spatial Development, Federal Office of Culture) are invited to comment on the application.

Objections and statements of position by the authorities

In the planning approval procedure, natural and legal entities who feel their legitimate interests are affected by the project may submit an objection within the 30-day public disclosure period. This right also applies to communes and certain environmental protection organisations designated by the Federal Council. Together with their objection, they must also lodge all appeals against official compulsory purchase orders and submit their compensation claims. Those who do not lodge an appeal or objection are excluded from any future proceedings. Persons or entities submitting objections are classified as participating parties and can thus assert party rights in the planning approval procedure. They have the right to inspect files and file petitions, and can also appeal against planning approval rulings.

The involved cantons have the option of commenting on planning approval applications within three months. They may also file petitions or request criteria on the basis of federal or cantonal legislation. However, cantonal legislation may only be taken into account if it does not unreasonably restrict the applicant in the performance of its tasks.

The relevant federal authorities evaluate the project from their own perspective and file petitions where necessary.

Planning approval or referral to the SFOE

The Inspectorate acknowledges the submitted statements of position, collects the necessary evidence and calls for on-site inspections where necessary. It endeavours to mediate between the parties and if necessary carries out negotiations concerning their objections. If the Inspectorate is successful in this regard, it issues a ruling on the planning approval application. If, however, it is unable to bring about an agreement between all objecting entities and the authorities within a period of six months, the Inspectorate forwards the documentation, together with a corresponding status report, to the SFOE for a decision.

Settlement of objections and statements of position from the authorities

The SFOE submits the Inspectorate’s report to the objecting parties and federal authorities with whom it has not been possible to reach agreement for comment. It may collect additional evidence, call for on-site inspections and carry out settlement negotiations.

Any disputes between the SFOE as overlying authority and another federal authority, or between public authorities, must be settled in a corresponding mediation procedure.

Rejection of planning approval or application

In its planning approval ruling the SFOE takes decisions regarding objections and petitions from the authorities. It may attach conditions and criteria to the planning approval or reject the application. If the applicant has requested expropriations, the SFOE also decides whether or not the right of compulsory purchase is to be granted.

Planning approval by the Inspectorate or the SFOE takes the form of a construction permit. Construction may not commence until the planning approval decision has become legally binding, i.e. when no more objections are raised or all objections have been rejected. In exceptional cases, the Inspectorate or the SFOE may permit the construction of the entire electrical system to commence immediately. This is possible if all objections have been dealt with and there are no more appeals from the involved cantons and federal authorities. In addition, no irreversible changes may be made through the immediate commencement of construction.

Appeal proceedings

Appeals against the planning approval decision by the Inspectorate or the SFOE must be lodged with the Federal Administrative Court within 30 days. In cases in which a legal issue of fundamental importance is concerned, decisions of the Federal Administrative Court can be referred to the Federal Supreme Court. An appeal to the Federal Administrative Court has a postponement effect, which means the applicant may not commence construction of the facility. However, appeals to the Federal Supreme Court do not have a postponement effect.

Assessment of expropriation compensation claims

If, in the scope of the planning approval procedure, property has been expropriated under the Compulsory Purchase Act, after the planning approval decision has become legally binding the Federal Compulsory Purchase Commission carries out an assessment of the compulsory purchase. The objective here is to specify the amount of compensation to be granted. As a rule, compensation is based on the market value plus any costs that have been incurred by the party concerned as a result of the compulsory purchase procedure. Appeals against the decisions of the Federal Compulsory Purchase Commission may be lodged with the Federal Administrative Court.