Droit public de la construction

This booklet aims to provide its readers with an organized and as complete as possible panorama of the legal field now established in Switzerland under the appellation "public law on construction." It deals with the development of the territory, the regulations and the police of construction, as well as the protection of the ecological balance in its various components, with priority being given to the fight against nuisances. This element has developed considerably over the last few years, which is why the report gives it an important place.

The legislations that configure public construction law are multiple, and the decisions that implement them are innumerable. All of them encompass the three levels of distribution of competences: the Confederation, the cantons, and the municipalities, which makes the presentation even more complex. In light of this, the aim of the book is to explore the legal regime and to systematize the main legal acquisitions for each of the topics discussed. The coordination between all these sources is not only a legal requirement but also a guiding principle in the organization of the parties and the chapters; each of them refers to the others to ensure that the reader always has the most relevant information at hand.

The book can be consulted at several levels: students and non-lawyers will find a useful basic framework for understanding how public construction law functions as a whole; more in-depth analysis paths and numerous references to relevant rulings are also provided. The texts of the decisions relating to specific cases are offered to professionals in the field, such as lawyers, public administrations, and companies active in the field of construction and real estate.

Public law on construction is difficult to stabilize; the current situation on which this book is based will be at the end of 2022, with increased rulings by the federal courts.