Kernrechtsfrage
Whether a new building is location-dependent under Art. 4 para. 3 BMR when the applicant owns and rents out an existing house.
Extrahierter Entscheid
No. A person who already owns a dwelling and rents it out cannot then rely on that rental to argue that a new building is required; such reasoning is rejected as abusive.
Extrahierte Begründung
The same owner cannot create the need for a new building by choosing to rent out an existing house and then invoke that situation as a basis for location dependency. Accepting this would protect an abuse of rights, so the project cannot be treated as location-dependent.