A 65-year-old woman in Neuenegg, Switzerland, is facing the forced dismantling of two studio apartments she has rented out for decades, a decision stemming from a neighborhood dispute and ultimately upheld by the Swiss Federal Court. The ruling threatens her supplemental income and leaves her facing significant financial burdens.
The case originated with a disagreement between the woman, Marlise Wittwer, and a fellow property owner regarding the construction of parking spaces. According to reports from 20 Minuten and Beobachter, the neighbor initiated a review of the building’s permits after Wittwer opposed the parking project on a shared lawn area. This inquiry revealed that the studio apartments, originally built as storage rooms in 1965, had never been officially approved for residential use.
The Federal Court determined that the apartments, located in the basement of the building, do not meet current building code requirements. Specifically, the ceilings are 2.30 meters high, 10 centimeters short of the legally mandated 2.40 meters for habitable rooms. Their location below ground level raises concerns about moisture and mold, rendering them unsuitable for long-term occupancy according to cantonal law.
Wittwer inherited the property, including the studios, from her father in 2003. He had converted the storage rooms into apartments in 1974 without obtaining the necessary permits. Wittwer was unaware of the lack of proper authorization, stating to Beobachter, “As far as I can remember, they were always apartments.” The studios generate a combined 1,400 Swiss francs per month, supplementing her monthly income of 2,800 francs from AHV (Old Age and Survivors’ Insurance) and her pension fund.
The impending demolition has left Wittwer facing substantial costs. The dismantling process is estimated to cost around 15,000 francs, and a 100,000-franc mortgage remains on the property. She has already returned to part-time work at a nursing home to mitigate the financial impact.
The court rejected Wittwer’s argument that decades of continuous use should establish a customary right to maintain the apartments. The ruling emphasized that the violation of building code regulations superseded any claim based on long-term practice. The court as well stated that Wittwer should have verified the legality of the studios when she inherited the property.
Despite the ruling against the studios, the municipality is currently reviewing a building application for the proposed parking spaces that initially triggered the investigation. The municipality indicated it intends to approve the application with certain conditions, according to Beobachter.
One of the tenants, a young Eritrean refugee who had completed his apprenticeship in Neuenegg, is now forced to identify new housing. The fate of another tenant remains uncertain.
