The case

Approximately 30 years ago, the development was planned with a pedestrian and bicycle path running through the site. Since then, mobility patterns have evolved considerably, so in addition to conventional bicycles, we now also have fast e-bikes, e-scooters and other micromobility vehicles, increasing the potential for conflicts between users and the risk of accidents entailing the associated liability concerns.

In response to these developments, the property owners sought to establish a clearer regulatory framework governing the use of the pathway and to mitigate potential liability exposure.

Source: Bruno Negri, NEBA – 2026

The commentary

The City Council has since designated the route as a public pedestrian walkway. The legal framework is primarily governed by the Swiss Road Traffic Act (SVG) and the Swiss Signposting Ordinance (SSV). Under Article 33 paragraph 2 SSV, a pedestrian walkway is generally reserved for pedestrian traffic, and access by other road users, including cyclists and motor vehicles, is prohibited unless expressly permitted by law or by specific signage.

This public-law designation must be distinguished from the underlying private-law ownership structure. As co-owners and unit owners, the property owners retain the right to use the common areas in accordance with the applicable regulations and their intended purpose (Articles 646 et seq. and 712a et seq. of the Swiss Civil Code). Such use normally includes reasonable and necessary access for removals, deliveries of bulky or heavy items, maintenance and repair works, as well as services provided by emergency responders and other essential service providers.

It must be pointed out that these ancillary rights of use do not confer a general or unrestricted right to vehicular access. Based on the current wording of the City Council’s decision, there is no indication that the existing access required for the proper use, maintenance and management of the properties was intended to be curtailed. Any further restriction of such rights would need to be expressly provided for in the relevant decision or implemented by means of a valid traffic regulation and corresponding signage.

This means that property owners and co-owners are advised to continue complying with the City Council’s decision and any applicable traffic signage. Should additional restrictions be introduced in the future, their legal basis, proportionality and impact on existing property rights would require separate assessment.