Kernrechtsfrage
Whether the cellar and hobby-fitness room had to be counted in the SUL for the exploitation index
Extrahierter Entscheid
No. Given their separate layout and present project design, they were objectively not usable for habitation or work and were expressly excluded by Art. 38 LE.
Extrahierte Begründung
The alleged future conversion would require construction changes outside the permit procedure. The lower court could rely on the project as filed and on the rooms' current non-habitable function.