Samuel Brückner analyzes in the June edition of the Newsletter Immodroit.ch, the Swiss Supreme Court’s decision 1C_600/2023 dated 26 April 2024 regarding the mandatory replacement of electric heating systems. This regulation, adopted by the Canton of Vaud and established by the Vaud Energy Law (LVLEne-BLV 730.01), was also adopted on 20 December 2022 by the cantonal decree on the upgrading of electric heating and water heating systems (DACCE).
After examining the compliance of the restrictions imposed on property guarantees (art. 26 et 36 Cst.-féd.), the Swiss Supreme Court concluded that the renovation obligation complies with higher law and, in particular, serves overriding public interests such as environmental protection and sufficient electricity supply through consumption limitation.
Consequently, these installations must be upgraded by 1 January 2033, mainly through energy sources changes or other measures allowing for a significant reduction of electricity consumption.