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Experts for objections to 5G antennas

Mobile phone antenna in front of your house? A lawyer for construction & environmental law can help!

Whether objections, complaints or appeals under construction law - as experienced lawyers for construction and environmental law, we can help you to defend yourself against mobile phone antennas

Would you like to object to the construction of a mobile phone antenna?

Experts for and against
mobile phone antennas

Our law firm, centrally located in Winterthur, specializes in a niche area of construction law: legal support for objections to mobile phone antennas.

Our experienced construction law lawyers have extensive experience in proceedings against municipalities, building appeal offices and cantonal and federal administrative courts. In recent years, we have conducted numerous construction law proceedings against mobile phone antennas and supported clients in their opposition to such construction projects.

🚧 The challenge of political pressure
The political will to promote mobile phone antennas makes successful objections considerably more difficult. Nevertheless, there are legal options for challenging mobile phone projects and examining conditions or alternative locations. Our law firm develops individual strategies to represent the interests of our clients in the best possible way.

Are you looking for support with an objection to the construction of a mobile phone antenna? Our specialist lawyers will analyze your case and show you the realistic chances and legal options.

📞 Initial meeting & case review:
For new client inquiries, we first conduct an initial meeting. This takes about an hour, includes a detailed case review and costs a flat rate of CHF 330.

👉 Contact us for an initial consultation!

Prevention of mobile phone antennas

Where we are active

Our services as lawyers against mobile phone antennas include, among others:

Examination & assessment of planning applications
Objections to planning applications
Complaints & appeals against building decisions
Representation & advice through all judicial instances

We support you with our experience in building law to protect your rights against unwanted mobile phone installations.

Compliance with installation limits - Legal review of mobile radio installations

Whether a mobile phone antenna is permitted at a particular location depends largely on whether the installation limits in accordance with the Ordinance on Protection against Non-Ionizing Radiation (NISV) are complied with.

Particularly relevant are the “places of significant use” (OMEN), which include living spaces, children’s playgrounds, workspaces and, in certain cases, conservatories. If too high a radiation exposure is calculated at one of these locations, the planning application for the antenna can be rejected.

A critical point when checking the OMEN is the correct assumption of the attenuation values. If, for example, a window is overlooked and incorrectly assumed to be attenuated, this can call the entire construction project into question legally or lead to the planning application being rejected.

Our law firm examines planning applications for mobile phone antennas in detail and advocates compliance with the limit values and the protection of affected residents.

📞 Advice on the legal assessment of mobile phone antennas? Get in touch with us!

Zoning conformity of mobile radio antennas - Legal framework conditions

In principle, a mobile phone antenna that complies with the installation limit value is considered to conform to zoning regulations. However, many municipal building regulations contain so-called cascade models, which stipulate that mobile phone antennas should preferably be erected in commercial and industrial zones.

In addition, municipalities can request a site evaluation if this is provided for by law or contractual agreements with mobile network operators. The mobile network operators must state whether alternative sites are available.

If a site evaluation is actually required but was not carried out, this may constitute a failure by the authorities to exercise their discretion. Under certain circumstances, this can lead to a building permit being granted being inadmissible and can be legally contested.

Our law firm checks whether a mobile phone antenna in your area complies with zoning regulations and supports you with objections and complaints against unauthorized construction projects.

📞 Have your legal options checked – contact us!

Nature conservation & monument protection

In certain cases, planned mobile phone antennas may conflict with the interests of nature conservation and monument protection. Aesthetic design regulations in district plans or building zones can also mean that the public interest in a harmonious design takes precedence over the need for a functioning mobile phone network. Each case must be examined individually.

The Federal Supreme Court has recognized so-called “ideal immissions”, which relate to the visibility of mobile phone antennas. The design of such installations can therefore have legal relevance.

A prominent example of this is Federal Councillor Alain Berset, who opposed the construction of a mobile phone antenna in his home municipality of Belfaux in 2018. Swisscom withdrew the construction project after the Office for Cultural Heritage issued a negative opinion.(srf.ch)

Our law firm checks whether planned mobile phone antennas in your area meet the requirements of nature conservation and monument protection. We support you with objections and complaints in order to protect your interests.

📞 Have your legal options checked – arrange a consultation now!

Successful objections require well-founded arguments

General criticism of the impact of mobile phone antennas on humans, animals and nature does not usually lead to success. The Federal Supreme Court has also protected the construction of 5G antennas in principle and confirmed that the public interest in a high-performance mobile communications infrastructure is of considerable importance.

👉 Objections are only successful if they are based on specific legal deficiencies in the individual case. The decisive factor is whether the planned antenna project is actually “flawless” – i.e. whether it correctly complies with all building, environmental and planning regulations.

Our law firm analyzes your case individually, examines possible starting points for a legal challenge and develops the most promising strategy with you.

📞 Arrange an initial consultation now – your lawyer against mobile phone antennas!

Preventing mobile phone antennas

What we do for you - Legal support in construction law

Building law is a highly complex field that encompasses not only legal, but also technical and scientific aspects. Particularly in the area of mobile phone antennas, this technical complexity repeatedly leads to problems in official decision-making.

Municipalities and appeal bodies are often overwhelmed because they lack the technical expertise to correctly review planning applications and radiation calculations. At the same time, the cantonal authorities are often heavily influenced by the mobile phone operators, as they operate with extensive expert reports and technical arguments that are difficult for legal and administrative authorities to review.

👉 Our job is to ensure that your case is not decided hastily or unilaterally, but is based on a sound and legally correct foundation.

Preventing incorrect findings of fact

Many objection proceedings fail not because of the legal situation, but because of inadequate or incorrect official reviews. We critically analyze the basis for decisions and ensure that:
Technical assumptions and radiation calculations are professionally scrutinized
Expert reports from mobile phone operators are not accepted uncritically
incorrect assumptions or incomplete clarifications are corrected during the procedure

Examination of the authorities’ scope of discretion

Although authorities often have considerable discretion when approving mobile radio projects, this discretion must not be interpreted unilaterally in favor of the operators. We check for you whether:
The discretion has been exercised appropriately and proportionately
Legal requirements and planning regulations have been complied with
Erroneous decisions or inappropriate assessments can be corrected

Our experienced lawyers for construction law and administrative law are committed to a legally sound review of mobile communications projects and help you to defend yourself against incorrect decisions or unlawful construction projects.

📞 Let us advise you – we will check your options!

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Preventing mobile phone antennas

Building law issues often concern administrative law, contract law and environmental law

Building law proceedings – particularly in sensitive areas such as mobile phone antennas or changes of use of land – often involve several areas of law. Our law firm represents clients in building objections, approval procedures and negotiations with authorities.

🔗 Relevant links:

  • Contract law“Building law projects often require contractual arrangements with neighbors, construction companies or municipalities. More on this in the contract law.”
  • Animal rights“Mobile phone installations and other construction projects can have an impact on wild animals or farms with livestock. You can find out which regulations must be observed in the animal law.”
  • Labor law“The construction of mobile radio systems is subject to protective regulations under labor law, particularly in the area of occupational health and safety and construction site safety. More on this under labor law.”

Initial meeting – your first step towards clarifying your case

For new case inquiries, your lawyer for construction & environmental law will first conduct an initial consultation. This takes about one hour, including a case review, and costs a flat rate of CHF 330. You can choose to have the initial meeting at our office, by video call or by telephone.

Procedure for the initial meeting

🔹 Your request: We discuss your case in detail and record the relevant facts.
🔹 Examination of the documents: Your documents, files and official decisions are analyzed.
🔹 Initial legal assessment: You receive a well-founded assessment of your legal options.
🔹 Strategy & recommendations for action: We explain how to proceed and give you specific recommendations.
🔹 Mandate: If further legal representation is necessary, we clarify the conditions, strategy and next steps.

📞 Contact us for an initial consultation – we will help you to enforce your claims!

We support you every step of the way

Make an appointment

Call our law firm in Winterthur on +41 52 222 01 20or make an appointment online for an initial consultation.

Holiday break

Our office will be closed from December 24, 2024 to January 3, 2025.

We will be available for you again from January 6, 2025.

We wish you happy holidays and a happy new year!