Flagpole installation in Switzerland: building permit, foundation and location

A flagpole is quickly ordered, but before it stands, a few questions arise: is a building permit needed? How large does the foundation have to be? Are there utility lines in the ground? And what do the neighbours, the landlord or the owners’ association say? In Switzerland, these questions are governed mainly by the cantons and communes, supplemented by federal law.

The building permit

Under Article 22 of the Spatial Planning Act, structures and installations may only be built or altered with official approval. Which small projects are exempt is set by the cantons, and the rules differ considerably. Three examples:

Canton of Zurich

Under section 1 of the building procedure ordinance (BVV), structures and installations in building zones whose total height does not exceed 2.5 m and that cover at most 6 m² need no permit. In historic centre zones, within the scope of a protective order or an inventory of townscapes or listed buildings, and in the area of road building lines, they too need a permit. A typical flagpole of 6 to 8 metres is above this limit. For projects of minor significance that do not affect third-party interests, the ordinance provides for the notification procedure (section 13): there is no profiling or public notice, and the project is deemed approved if the authorities do not decide otherwise within 30 days.

How strictly this is applied in historic centre zones is shown by a 2012 judgment of the Administrative Court of the Canton of Zurich (VB.2011.00606): a company had to submit a retrospective building application for three flagpoles of about 7 metres with outriggers in the historic centre zone. The court described the poles as artificially created installations permanently connected to the ground and pointed to the lasting visual effect of the flags.

Canton of Bern

In Article 6a, the building permit decree lists among permit-free street advertising “flags, provided they are sovereign emblems” and, in built-up areas, one flag with the company name or logo per business. Under Article 6(2), projects of equal or lesser significance than those listed are also exempt. Under Article 7, however, a project still needs a permit if it lies outside the building zone and affects land use, or if it concerns a protected townscape, a listed building or its surroundings, the forest or a watercourse corridor.

Canton of Vaud

Under Article 68a of the RLATC, every building or demolition project is submitted to the commune. The commune checks whether it is of minor significance and does not affect overriding public interests or private interests worthy of protection, such as those of the neighbours, and then decides whether it needs a permit.

In every canton, a permit-free project still has to comply with substantive law, such as boundary distances, the commune’s building and zoning rules and townscape protection; section 2 of the Zurich ordinance states this expressly. Outside the building zone, the hurdles are particularly high. The commune’s building authority can say which procedure applies to a particular pole.

Foundation and location

A free-standing flagpole usually stands in a concrete foundation with a ground sleeve or base plate. Dimensions, concrete quality and depth are given in the manufacturer’s installation instructions, matched to pole height and wind load. When choosing the location, several points matter:

• distance to buildings, trees and overhead lines, so that the pole endangers no one if it falls and the flag does not rub against branches or gutters;
• boundary distance under cantonal and communal building law;
• visibility of the flag from the street or house and its effect on the townscape;
• access for raising the flag, for maintenance and, with a tilting pole, enough space to lower it.

Utility lines in the ground

Before digging, it is important to know where lines for electricity, water, gas, sewage or telecommunications run. In Switzerland, cantons and communes keep a utility line cadastre; the Canton of Zug points out, for example, that its information is not sufficient as a basis for excavation work and that the network operators are contacted directly. According to the Canton of Zug, private lines, such as private water pipes or lines on company sites, may also be missing from the cadastre. Suva names clarifying the position of existing utility lines as a precondition before excavation work begins.

Neighbours

Under Article 684 of the Civil Code, everyone is obliged, in exercising their ownership, to refrain from any excessive impact on their neighbours’ property, for example through noise. A rattling rope or a strong spotlight can therefore become an issue. Heimgartner Fahnen AG points out that a flagpole is placed so that the flapping flag does not disturb the neighbours.

Renting and condominiums

• Renting: under Article 260a of the Code of Obligations, tenants may only renovate or alter the rented property with the landlord’s written consent. This applies to a pole in the garden as well as to a pole fixed to the façade.
• Condominiums: façade, garden and roof are usually common parts. Under Article 712a of the Civil Code, owners may not impair the external appearance of the common parts. Under Article 712g, building work is governed by the rules on co-ownership: work that only serves to improve appearance requires in principle the consent of all owners under Article 647e, useful work a qualified majority under Article 647d. The owners’ association rules may contain further rules.

Installation

Many specialist retailers offer installation and foundations; others deliver the pole with instructions. For tall poles, raising the pole needs at least two people or lifting equipment. The safety rules for work at height are covered in the guide to flagpole safety, and how a long pole is transported in the guide to flagpole transport.