Shaqiri-Villa in Rheinfelden: Chronology of the Legal Code
Rheinfelden
This is the chronology to the Shaqiri villa-from building application to the decision of the Federal Court
The Federal Supreme Court decided: Former Nati star Xherdan Shaqiri must not yet build his villa in the Rheinfeld noble district. The decision is preceded by a long legal dispute – among other things, it is about the floor area. A chronology of events.
Now the top instance has decided: Football star Xherdan Shaqiri must not yet build his villa in the Rheinfeld noble district on the Kapuzinerberg. A chronology of events related to the much discussed building – from the building application around four years ago to the Federal Court decision.
March 2021: A building application causes excitement
The building application with the number 2021-011, which is publicly located in Rheinfelden in March 2021, ensures excitement in the Fricktal-or just: Who is listed as a applicant. Xherdan Shaqiri, professional footballer, then in the service of Liverpool FC and star of the Swiss national team.
According to the construction application, the demolition of the existing building is planned on the 1001 square meter parcel on the Kapuzinerweg and then the construction of a generous single-family house. The question back then: Shaqiri is really planning to rein up to the Fricktal? City clerk Roger Erdin says so much with a laugh: « Of course we would be happy if we welcomed Xherdan Shaqiri in Rheinfelden. »
Xherdan Shaqiri wants to build a house in Rheinfelden – the plans are open in the spring of 2021.
Above all, the look of the building causes discussions. The villa is the same on visualizations of a « concrete building ». Then Shaqiri’s architect publishes new visualizations that show that the facades are not exposed concrete, but natural stone. It was never planned to create the concrete look house, it is said. The first visualizations with smooth-gray outside walls had only served to give an impression of volume and space layout.
Either way: a decision on the building application is not yet available. City clerk Roger Erdin says at the time: « The process of building permission to change writings among the parties is underway. »
August 2022: The city grants the building permit
In September 2022, white smoke rose in Rheinfelden – at least speaking symbolically: The city grants the building permit for Xherdan Shaqiri’s construction project. Shaqiri’s villa planner apparently made minor corrections on the project. For example, the retractable enclosure was adapted to the entrance in height, as the “Basler Zeitung” made public at the time.
So reason for joy for the Nati star. In the meantime, he is going through: in the American MLS, Chicago Fire misses the playoffs, Shaqiri has to struggle with injuries again and again.
January 2024: The case lies with the Federal Supreme Court
After the good news for Xherdan Shaqiri from Rheinfelden, it will be quiet for its blueprints – and it stays calm on his plot on the Kapuzinerberg. Construction machines do not drive up for months. The reason is public in early 2024: The construction plans of the Nati star at the time are now the subject of a legal dispute.
Shaqiri’s construction project at Kapuzinerberg will be the subject of a legal dispute – until before the Federal Supreme Court on March 23, 2021.
Accordingly, two attachments have submitted a complaint against the building permit at the cantonal department for construction, transport and the environment. When the department rejects this, the impulses are moving to the administrative court with a complaint – and the court actually raised the building permit at the end of January 2024. A decision, which in turn does not accept Shaqiri and continues the judgment to the Federal Supreme Court.
In the legal dispute, the question is about the question of whether and how an attic floor in terms of storey area is included – and whether Shaqiris Villa complies according to the permissible exploitation.
The city council and the cantonal department face the point of view with reference to the building and usage regulations that the Attica floor is equivalent to an attic and is not to be counted accordingly. The administrative court sees it differently.
March 2025: The Federal Supreme Court decided
In the Judgment of March 27th the federal court writes: «The symptoms are approved. The contested judgment of the administrative court of the canton of Aargau on January 24, 2024 is canceled and the matter in the sense of considerations for a new assessment to the lower instance is rejected. »
According to an Aargau exception, the Attika floor should not be added to the utilization of use, the Federal Supreme Court states in the judgment. So Xherdan Shaqiri is one step closer to his house. But he is not yet allowed to build for the time being.
