Anyone wishing to install solar panels on their own roof should familiarise themselves with the legal framework at an early stage. When is it sufficient to simply notify the local council – and when is planning permission actually required?

First, Clarify: Is the Plot of Land Within the Building Zone?

As with any building project, the first step is to clarify whether the plot of land on which the solar installation is to be built is within or outside the building zone. This distinction is crucial, as stricter regulations apply outside building zones and a formal planning permission process is more often required.

Federal Law: When Solar Installations Are Exempt From Planning Permission

The key provisions at national level are set out in the Spatial Planning Act (RPG) and the Spatial Planning Ordinance (RPV). As a general rule, solar installations on roofs in building and agricultural zones do not require planning permission if they are sufficiently integrated into the surroundings. In such cases, a notification to the relevant authority is sufficient.

Article 32a of the Spatial Planning Ordinance (RPV) defines the conditions under which solar installations on roofs are considered ‘sufficiently integrated’ within the meaning of Article 18a of the Spatial Planning Act (RPG) and are therefore subject to notification but do not require planning permission. This is particularly the case where the installations protrude only slightly above the roof surface, do not extend beyond the roof surface when viewed from above, are designed to minimise reflection and are arranged compactly.

Solar installations on flat roofs are also considered sufficiently adapted if they protrude no more than one metre above the upper edge of the roof, are set back sufficiently from the roof edge so that they are not visible from below at a viewing angle of 45 degrees, and are also designed to minimise reflection in accordance with the state of the art.

Specific Provisions in the Canton of Lucerne

In addition to federal law, the Canton of Lucerne applies additional provisions set out in the Planning and Building Ordinance (PBV). In particular, the size of the installation is a decisive factor.

Solar installations with an area of less than 20 m² are, in principle, neither subject to notification nor requiring authorisation in building and agricultural zones, provided they are sufficiently adapted to the building envelope and the surrounding area. However, this does not apply in areas subject to townscape protection or in the case of listed buildings worthy of protection.

Systems with an area of more than 20 m² are subject to notification, provided the requirements under federal law are met. The notification must be submitted to the relevant local authority at least 20 days before work commences.

If the requirements under federal law are not met, or if there are conflicting public or private interests, a standard building permit procedure is required. Under certain conditions, however, the application may be assessed and approved via a simplified procedure.

Special Rules for Listed Buildings

If a building is listed or subject to townscape protection, stricter requirements apply. In such cases, a standard planning permission is usually required. The local planning authority will assess, in particular, whether the solar installation would adversely affect the appearance of the building or its surroundings, and will seek the approval of the cantonal heritage conservation authority. If the building or installation is located outside the building zone, approval from the Department of Spatial Planning and Economic Affairs is also required.

Should you have any questions regarding building law or planning permission procedures, the attorneys-at-law at Pilatushof AG will be happy to assist you.

Following the testator’s death, disputes may arise as to whether or not a legacy is to be paid out. In such cases, the legatee is faced with the question of how to enforce their claim to the legacy. For the heirs, on the other hand, the question arises as to whether, and to what extent, they can raise objections to the claimed legacy.

Definition

A legacy is a distinct form of disposition upon death. It exists where the testator bestows a financial benefit on a specific person without appointing them as an heir (Art. 484.1 of the Swiss Civil Code). The benefit conferred may take the form of any asset, such as a specific item or, as is often the case, a sum of money (Art. 484.2 of the Swiss Civil Code). Distinguishing between a legacy and the appointment of an heir is not always straightforward in individual cases, but it has significant legal consequences. In cases of doubt, it is therefore advisable to seek the opinion of a specialist.

Enforcement of a Legacy

It must also be possible to enforce a legacy. Particularly in the case of legacies of money or property, it is often the case that heirs do not fulfil their obligations voluntarily.

Legatees have only limited rights to information. As a rule, they receive only a notification regarding the legacy to which they are entitled – but not the entire will. They are not, in principle, entitled to any further information. If payment or handover is not made voluntarily, the legatee must take action themselves. A distinction must be made here between claims for money and claims for specific items: in the case of a claim for specific items, enforcement is usually achieved through a legacy action. In the case of a monetary bequest, debt recovery proceedings may also be initiated.

Ways in Which Heirs May Challenge a Bequest

Heirs may challenge a claim to a bequest in various ways. Firstly, they may seek to have the will declared invalid by bringing an action for annulment, for example on the grounds of lack of mental capacity, deception or duress, formal defects or impermissible content. In particularly serious cases, the will may even be void, meaning that it has no legal effect from the outset.

Secondly, heirs entitled to a compulsory share may bring an action for reduction to demand that a legacy be reduced if their compulsory share is infringed. In this case, the claim is reduced accordingly.

It is important to note that an action for annulment or reduction must be brought before the court within one year of becoming aware of the will and the grounds for its invalidity; otherwise, these rights are forfeited. To this end, an application for conciliation must be submitted to the competent authority. In any event, the right to bring an action for annulment or reduction lapses ten years after the date on which the will was opened.

Furthermore, the heirs may raise the objection that the legatee cannot derive any claim from the testator’s will on the grounds of unworthiness to inherit – for example, if the legatee influenced the testator through deception or threats to draw up or amend the will (see Art. 540.1 of the Swiss Civil Code).

Finally, a bequest is generally void if the bequeathed item no longer exists at the time of the testator’s death, for example because it has already been sold. In such a case, the bequest is generally deemed to have been revoked, and the heirs are not obliged to provide a replacement (Art. 484.3 of the Swiss Civil Code).

Conclusion

Enforcing a bequest is often more challenging than it first appears. Beneficiaries must actively pursue their claims, whilst heirs have various options for contesting them. To avoid disputes, it is crucial to set out clear and carefully considered provisions in the will.

Should you have any questions regarding inheritance law or require assistance in drafting a will, the attorneys-at-law and notaries at Pilatushof AG will be happy to assist you.

We are delighted to invite you to the next 10th edition of the FLINN CUP, taking place during the first weekend of September in Ostend (4-5 September 2026).

The FLINN CUP is a friendly and inclusive sailing event, open to all - whether you are an experienced sailor or simply looking to enjoy a unique weekend with colleagues, clients or friends.

What’s New This Year?

We are pleased to introduce a mediation seminar on Friday afternoon, organized by MAD | Make A Deal® and hosted by the Port of Ostend followed by a dinner at the Royal North Sea Yacht Club - offering a great opportunity to exchange, learn and connect in a relaxed setting.

Weekend Program:

⚬ Friday 4 September: Mediation Seminar + Dinner at the Club;

⚬ Saturday 5 September: Yacht Regatta or Guided “The Crystal Ship” Walking Tour for non-sailors, plus

⚬ Saturday & Sunday 5-6 September: Catamaran Competition.

Why Join?

⚬ A unique mix of networking, team-building and sailing;

⚬ Open participation with your teams, clients and personal contacts and

⚬ No sailing experience required (experienced skippers provided).

Participation Package Includes:

✦ Mediation seminar on Friday;

✦ Experienced skipper for each team;

✦ Insurance via Ostend Sailing vzw;

✦ Membership of Ostend Sailing (incl. 10% discount on beverages in 2026);

✦ Lunch on board;

✦ Aperitif & BBQ after the regatta;

✦ 2 drinks per person (wine, beer or soft drinks) and

✦ Visibility for your company (website, social media, rankings, media content).

The full program is available here: https://flinn.law/wp-content/uploads/2026/06/FOLDER-FLINN-CUP-10th-EDITION-2026-RNS.pdf

The registration form is available here: https://flinn.law/wp-content/uploads/2026/06/REGISTRATION-FORM-FLINN-CUP-10th-EDITION.xlsx

➤ If you have any questions, please contact ludovic.foret@flinn.law

Registration Deadline: 15 July 2026

We look forward to welcoming you to what promises to be a memorable weekend — both on and off the water.