Cableway construction prohibition zone: Consent for a neighbouring project

The construction prohibition zone reaches twelve metres on both sides of the outermost cable. For funicular railways, the outermost rails serve as the reference points, and the Act also applies to an area extending twelve metres from every station structure. Neither the property boundary nor an assumed centre line of the cableway route reliably substitutes for these reference points.

The prohibition bars third parties and the cableway company alike from erecting any buildings or installations unrelated to the cableway. Ownership alone does not exempt anyone from this rule. A separate assessment, particularly under § 8 SeilbG, determines whether a building element forms part of the cableway. Proximity to the lift does not make a neighbouring residential or commercial project part of the cableway.

The authority may grant an exemption under § 54 SeilbG only insofar as the project remains compatible with safety and order in cableway operation and traffic, and merely making profitable use of the land does not satisfy this condition. The design and its effects on the specific installation must permit a competent technical assessment.

The second route dispenses with that exemption permit, but it imposes two mandatory conditions: the cableway company and the neighbouring landowner must agree on the construction, and the company must confirm safety and order in cableway operation and traffic. Both requirements must be met. If the safety confirmation is missing, a general letter of consent remains insufficient for this statutory route.

To ensure reliable documentation, the declarations should refer to clearly identified plans, including their dates and version numbers. Clarify which structure, dimensions, and protective measures are covered. Consent to a preliminary study does not automatically resolve the position for a later, revised permit application design. The project schedule should also include conditions that must be fulfilled before work starts.

§ 54 SeilbG does not prescribe a universal contract checklist. Where relevant to the project, it is useful to clearly allocate protective measures, access, construction arrangements, and responsibilities. Distinguish additional agreements on land use or payments from the statutory safety confirmation. A payment alone does not make construction lawful under cableway legislation.

§ 13 Abs. 1 Z 7 SeilbG generally assigns permits under § 54 for detachable chairlifts, fixed-grip chairlifts, combination lifts and non-public cableways to the provincial governor. § 14 Abs. 1 Z 5 assigns competence for funiculars, aerial tramways, gondola lifts and combined gondola and chair systems to the responsible federal minister. Any authorisation for another authority to perform these tasks must be checked for the specific installation.

Establish the installation category, operator, and competent authority before you apply. The municipality handling the building application does not automatically serve as the competent cableway authority. Should an official exemption be required, discuss the necessary documents with the responsible authority at an early stage of the process.

An exemption or agreement with confirmation under § 54 SeilbG addresses the construction prohibition zone under cableway law. You must treat the approval of the neighbouring building under applicable provincial building legislation and the requirement for other permits as separate questions. A building permit alone does not remove the prohibition under § 53 SeilbG.

Regarding the hazard area, § 56 Abs. 1 SeilbG establishes a distinct rule for permits issued under other federal or provincial legislation, provided specific conditions are met. The conditions include party or participant status for the cableway company, due consideration of any operational-hazard objections it raises, and a competent technical assessment. This rule cannot simply be applied to the prohibition in §§ 53 and 54.

A coordinated project file should include a surveyed site plan, heights and dimensions, cableway documents, construction arrangements, and either company declarations or an exemption decision. You must also assess the temporary effects of any crane, scaffolding, or excavation. The twelve-metre boundary does not serve as a general technical safety assessment for every construction phase.

Identify outstanding cableway-law issues and assign responsibility and dates for resolving them before you enter binding commercial commitments. Purchase and project contracts can address suitable conditions and the consequences if clearance is not obtained. Legal review should focus on the agreement's scope, the safety confirmation, and consistency with the approved and ultimately executed design.

§§ 55 and 56 SeilbG can also be relevant beyond the construction prohibition zone. Where suitable protective measures cannot eliminate danger to the cableway, its ancillary equipment, or its regular or safe operation, § 55 addresses that danger. Therefore, projects outside the distance-based zone still require technical and legal examination of their effects on cableway operations.

When the cableway company itself seeks to use another person's land for its installation, a different situation arises. Rights over land and, where applicable, expropriation under § 97 SeilbG then become central. Negotiations should keep consent to a neighbouring development separate from the grant of rights for cableway construction.