Flagpoles for businesses in Switzerland: company flags, advertising and the Swiss cross

Outside company headquarters, hotels, car dealerships and factories in Switzerland there are often several poles: one for the Swiss flag, one for the cantonal or communal flag and one or more for the company flag. For businesses, a few particular rules come on top of the general ones: company flags often count as advertising, the Swiss cross is also an indication of origin, and as the owner of a structure, the business is liable for its condition.

Company flags as advertising

Many cantons treat flags with a company name or logo as advertising or street advertising. The rules differ:

• Canton of Bern: under Article 6a of the building permit decree, one flag with the company name or logo per business in built-up areas and flags that are sovereign emblems are permit-free. Outside the building zone and near listed buildings or in protected townscapes, a permit is still needed under Article 7.
• Canton of Zurich: under section 1 of the building procedure ordinance, only non-illuminated advertising for one’s own business on private land of up to ½ m² per business is exempt, and not even that in historic centre zones and protected townscapes. Typical company flags are larger. In 2012, the Administrative Court of the Canton of Zurich confirmed that three flagpoles with outrigger flags in a historic centre zone needed a building application, partly because of the lasting visual effect of the flags.
• Canton of Geneva: the Advertising Act (LPR) applies to all advertising visible from public space, including on private land. Under Article 4, every installation needs prior approval, granted by the commune. The implementing regulation sets for flags, pennants and banners on their own support that they hang at least 2.70 m above the ground and may be no more than 6 m high measured from the ground (Article 19 RPR).

The commune’s building authority can say which rules apply to a particular company flag. For the pole itself, the rules in the guide to flagpole installation also apply.

Swiss cross, coat of arms and Swissness

The Coat of Arms Protection Act distinguishes strictly between flag, cross and coat of arms:

• Businesses may also fly the Swiss flag and the cantonal and communal flags, provided the use is not misleading or contrary to public order, morality or the law (Article 10).
• The Swiss coat of arms, the cross in a triangular shield, and the coats of arms of the cantons and communes are reserved for the public body (Article 8). They cannot be licensed and may not be registered as trademarks.
• If the Swiss cross on a company flag or in advertising is understood as an indication of the origin of goods or services, it counts as an indication of origin under Article 13. The Swissness rules of the Trade Mark Protection Act then apply. The Swiss Federal Institute of Intellectual Property explains that, on these conditions, the Swiss cross may be used for goods and services.

For foreign emblems the opposite principle applies: under Article 15, they may only be used by the state concerned, unless authorised (Article 16). Article 28 punishes unlawfully affixing them to goods, business signs, advertisements, brochures, business papers and websites. More in the guide to foreign flags in Switzerland.

Order of flags

According to the Swiss Armed Forces’ flag regulations, the company flag ranks among the other flags, after the Confederation, canton, district and commune. With two or more poles, the Swiss flag is always flown under the regulations, and Swiss flags flying side by side are the same size. With three poles, the Swiss flag flies in the middle, the cantonal flag on the left as seen by the viewer and the company flag on the right. When a business receives foreign guests, the guest country takes the place of honour. More in the guide to flag protocol.

Lighting

Lit company flags fall under the principles for limiting light emissions. The Federal Office for the Environment sets out seven principles in its recommendations, including only as bright as necessary, from above and switched off at times. In the Canton of Zurich, the exemption in section 1 of the ordinance also applies only to non-illuminated advertising. More in the guide to flag lighting.

Liability and upkeep

As the owner of a structure, a business is liable under Article 58 of the Code of Obligations for damage the pole causes through defective design or construction or inadequate maintenance, even without fault. For poles on company premises, at car parks or where the public passes, regular, documented checks are therefore common. Work at height is often given to specialist firms. More in the guides to flagpole safety and flagpole maintenance.