on Second Homes
(Second Homes Act, SHA)" />

Federal Act
on Second Homes
(Second Homes Act, SHA)

The Federal Assembly of the Swiss Confederation,

on the basis of Articles 75 and 75b of the Federal Constitution1,
and having considered the Federal Council Dispatch dated 19 February 20142,

decrees:

Chapter 1 General Provisions

Art. 1 Subject matter  

This Act reg­u­lates the per­miss­ib­il­ity of build­ing new homes and of mak­ing changes to the struc­ture and use of ex­ist­ing homes in com­munes with a pro­por­tion of second homes ex­ceed­ing 20 per cent.

Art. 2 Definitions  

1 In this Act, «home» means a col­lec­tion of rooms that:

a.
is suit­able for res­id­en­tial use;
b.
forms a struc­tur­al unit;
c.
has an ac­cess either from out­side or from a com­mon area shared with oth­er homes with­in the build­ing;
d.
has cook­ing fa­cil­it­ies; and
e.
is not a move­able ob­ject.

2 In this Act, «prin­cip­al home» means a home that is oc­cu­pied by at least one per­son who is per­man­ently res­id­ent in the com­mune in which the home is loc­ated in ac­cord­ance with Art­icle 3 let­ter b of the Re­gister Har­mon­isa­tion Act of 23 June 20063.

3 The fol­low­ing homes are deemed equi­val­ent to prin­cip­al homes:

a.
homes that are per­man­ently oc­cu­pied for com­mer­cial or edu­ca­tion­al pur­poses;
b.
homes that are per­man­ently oc­cu­pied by a private house­hold that per­man­ently oc­cu­pies an­oth­er home in the same build­ing;
c.
homes that are per­man­ently oc­cu­pied by per­sons who are not re­quired to re­gister with the res­id­ents’ re­gister of­fice, such as dip­lo­mat­ic staff or asylum seekers;
d.
homes that have been un­oc­cu­pied for no more than two years, are hab­it­able, and are ad­vert­ised for long-term rent or for sale (empty homes);
e.
homes that are used for ag­ri­cul­tur­al pur­poses but which due to the alti­tude of their loc­a­tion are not ac­cess­ible all year round for ag­ri­cul­tur­al pur­poses;
f.
homes that are used by busi­nesses for the short-term ac­com­mod­a­tion of staff;
g.
homes that are used as ser­vice ac­com­mod­a­tion for per­sons such as those work­ing in the hotel and ca­ter­ing in­dustry, in hos­pit­als and in res­id­en­tial in­sti­tu­tions;
h.
homes that are law­fully be­ing used tem­por­ar­ily for non-res­id­en­tial pur­poses.

4 In this Act, «second home» means a home that is neither a prin­cip­al home nor equi­val­ent to a prin­cip­al home.

Art. 3 Duties and powers of the cantons  

1 Where re­quired, the can­tons shall spe­cify in their struc­ture plan meas­ures to en­cour­age great­er oc­cu­pancy of second homes and to pro­mote the hotel in­dustry and reas­on­ably priced prin­cip­al homes.

2 They may is­sue reg­u­la­tions that lim­it the con­struc­tion and use of homes more strictly than this Act.

Chapter 2 Inventory of Homes and Proportion of Second Homes

Art. 4 Inventory of homes  

1 Each com­mune shall draw up an in­vent­ory of homes each year.

2 The in­vent­ory of homes must as a min­im­um in­dic­ate the total num­ber of homes and the num­ber of prin­cip­al homes.

3 The com­mune may also list homes deemed equi­val­ent to prin­cip­al homes as a sep­ar­ate cat­egory and add this cat­egory of homes to the prin­cip­al homes.

4 The Fed­er­al Coun­cil shall reg­u­late the re­quire­ments for the in­vent­ory of homes and de­term­ine the de­tails of its pub­lic­a­tion.

Art. 5 Determining the proportion of second homes  

1 The Con­fed­er­a­tion shall de­term­ine the pro­por­tion of second homes when com­pared with the total num­ber of homes for each com­mune based on the in­vent­ory of homes in ac­cord­ance with Art­icle 4.

2 If a com­mune does not sub­mit its in­vent­ory of homes with­in the re­quired dead­line, it shall be as­sumed that the com­mune con­cerned has a pro­por­tion of second homes in ex­cess of 20 per cent. The com­pet­ent fed­er­al au­thor­ity may ex­tend the dead­line at the re­quest of the com­mune if there is good cause.

3 The Fed­er­al Coun­cil shall spe­cify the fed­er­al au­thor­ity that de­term­ines the pro­por­tion of second homes.

4 This au­thor­ity shall con­sult the can­ton in which the com­mune is loc­ated be­fore reach­ing its de­cision.

Chapter 3 Ban on the Construction of New Second Homes

Art. 6  

1 In com­munes in which the pro­por­tion of second homes de­term­ined in ac­cord­ance with Art­icle 5 ex­ceeds 20 per cent, no build­ing per­mits may be gran­ted for new second homes. If the pro­por­tion is less than 20 per cent and if grant­ing a build­ing per­mit would res­ult in the com­mune hav­ing a pro­por­tion of second homes in ex­cess of 20 per cent, no build­ing per­mit may be gran­ted either.

2 The con­struc­tion of new homes in ac­cord­ance with Art­icle 7 para­graph 1 let­ter b and in ac­cord­ance with Art­icles 8, 9, 26 or 27 is re­served.

Chapter 4 Construction of New Homes in Communes with a Proportion of Second Homes in excess of 20 per cent

Section 1 New Homes with Restrictions on Use

Art. 7  

1 In com­munes with a pro­por­tion of second homes in ex­cess of 20 per cent, build­ing per­mits may only be gran­ted for new homes if they are used as fol­lows:

a.
as a prin­cip­al home or as a home deemed equi­val­ent to a prin­cip­al home in ac­cord­ance with Art­icle 2 para­graph 3; or
b.
as a home in­ten­ded as man­aged tour­ist ac­com­mod­a­tion.

2 A home is deemed to be man­aged tour­ist ac­com­mod­a­tion if it is per­man­ently offered for the ex­clus­ively short-term use of guests on terms that are cus­tom­ary in the mar­ket and in the loc­al­ity and it:

a.
is loc­ated in the same build­ing as its own­er has his or her prin­cip­al res­id­ence; or
b.
it is not suit­able for the per­son­al needs of the own­er and is man­aged as part of an or­gan­ised ac­com­mod­a­tion busi­ness.

3 The build­ing au­thor­ity shall im­pose a re­stric­tion on use in ac­cord­ance with para­graph 1 let­ter a or para­graph 2 let­ter a or b in the build­ing per­mit by means of con­di­tion of use. If the build­ing per­mit for a new home does not con­tain such a con­di­tion and in the ab­sence of au­thor­isa­tion in ac­cord­ance with Art­icles 8, 9, 26 or 27, it shall be as­sumed that the re­stric­tion on use in ac­cord­ance with para­graph 1 let­ter a ap­plies.

4 As soon as the build­ing per­mit takes leg­al ef­fect, the build­ing au­thor­ity shall in­struct the land re­gistry to note the re­stric­tion on use in the land re­gister in re­spect of the prop­erty con­cerned.

5 The Fed­er­al Coun­cil shall reg­u­late the de­tails, in par­tic­u­lar:

a.
the re­quire­ments that the or­gan­ised ac­com­mod­a­tion busi­ness must meet;
b.
the duty to re­port any change in use from a home used as man­aged tour­ist ac­com­mod­a­tion in­to a prin­cip­al home; and
c.
the word­ing of its con­di­tions of use.

Section 2 New Homes without Restrictions on Use

Art. 8 Homes used in connection with organised accommodation businesses  

1 In com­munes where the pro­por­tion of second homes ex­ceeds 20 per cent, or­gan­ised ac­com­mod­a­tion busi­nesses may be au­thor­ised to con­struct homes without re­stric­tions on use in ac­cord­ance with Art­icle 7 para­graph 1 if:

a.
the busi­ness can only be run or con­tin­ue to be run prof­it­ably with the in­come ob­tained if such homes are con­struc­ted;
b.
the own­er or the op­er­at­or on re­quest provides proof that the in­come from the homes will be in­ves­ted in con­struct­ing or run­ning the or­gan­ised ac­com­mod­a­tion;
c.
the main us­able area of these homes does not ex­ceed 20 per cent of the en­tire main us­able area of the rooms and homes;
d.
the homes and the or­gan­ised ac­com­mod­a­tion com­plex form a struc­tur­al and func­tion­al unit, un­less the reg­u­la­tions on pre­serving the ap­pear­ance of the loc­al­ity or cul­tur­al her­it­age man­age­ment re­quire oth­er­wise; and
e.
there are no oth­er over­rid­ing in­terests to the con­trary.

2 For homes in ac­cord­ance with para­graph 1 that per­man­ently re­main the prop­erty of the or­gan­ised ac­com­mod­a­tion busi­ness and are ren­ted out by the same, the total main us­able area in ac­cord­ance with para­graph 1 let­ter c may amount to a max­im­um of 33 per cent. A re­lated re­stric­tion on ali­en­a­tion must be noted in the land re­gister. Art­icle 7 para­graphs 4 and 5 ap­ply by ana­logy.

3 If the busi­ness con­structs homes in ac­cord­ance with both para­graph 1 and para­graph 2, the max­im­um per­cent­age of 33 per cent shall be re­duced by the value ob­tained by di­vid­ing the area of the homes in ac­cord­ance with para­graph 1 by the sum of the area of the homes in ac­cord­ance with para­graphs 1 and 2 and mul­tiply­ing the res­ult by 13 per cent.

4 In an or­gan­ised ac­com­mod­a­tion com­plex that already ex­is­ted on 11 March 2012, a max­im­um of 50 per cent of the main us­able area may be con­ver­ted for use as homes without re­stric­tion on use un­der Art­icle 7 para­graph 1 provided:

a
the busi­ness has been run as such for at least 25 years;
b.
it can no longer be run prof­it­ably and can­not be con­ver­ted for use as homes in­ten­ded as man­aged tour­ist ac­com­mod­a­tion;
c.
the fact that the ac­com­mod­a­tion busi­ness con­cerned can no longer be run prof­it­ably is not due to any fail­ure on the part of the own­er or op­er­at­or; and
d.
there are no over­rid­ing in­terests to the con­trary.

5 An in­de­pend­ent ex­pert re­port must be provided as proof that the re­quire­ments in para­graphs 1 or 4 have been met. The Fed­er­al Coun­cil shall reg­u­late the de­tails.

Art. 9 New homes in protected buildings  

1 In com­munes with a pro­por­tion of second homes in ex­cess of 20 per cent, new homes without re­stric­tions on use in ac­cord­ance with Art­icle 7 para­graph 1 may be au­thor­ised with­in the build­ing zones in pro­tec­ted build­ings or build­ings that define the ap­pear­ance of the loc­al­ity provided:

a.
the con­ser­va­tion value of the build­ing is not ad­versely af­fected, and in par­tic­u­lar the out­ward ap­pear­ance and ba­sic struc­ture of the build­ing es­sen­tially re­mains un­changed;
b.
the long-term pre­ser­va­tion of the build­ing can­not oth­er­wise be guar­an­teed; and
c.
there are no over­rid­ing in­terests to the con­trary.

2 Out­side the build­ing zones, the per­miss­ib­il­ity of new homes without re­stric­tions on use as defined in Art­icle 7 para­graph 1 is gov­erned by the spa­tial plan­ning le­gis­la­tion.

3 Oth­er re­quire­ments of fed­er­al law and of can­ton­al law are re­served.

Chapter 5 Alteration of Homes in Communes with Proportion of Second Homes in excess of 20 per cent

Section 1 Homes subject to the Previous Law

Art. 10 Definition  

A home sub­ject to the pre­vi­ous law un­der this Act is a home that law­fully ex­is­ted or was the sub­ject of a leg­ally ef­fect­ive build­ing per­mit on 11 March 2012.

Art. 11 Changes to structure and use  

1 Homes sub­ject to the pre­vi­ous law are not sub­ject to any re­stric­tions on res­id­en­tial use; ex­ist­ing or fu­ture re­stric­tions on use un­der the can­ton­al or com­mun­al law are re­served.

2 Such homes may be ren­ov­ated, con­ver­ted, or de­mol­ished and re­built without any re­quire­ment to im­pose re­stric­tions on use un­der Art­icle 7 para­graph 1. With­in build­ing zones, the main useable area may be ex­ten­ded by a max­im­um of 30 per cent of the main us­able area ex­ist­ing on 11 March 2012. With­in these lim­its, ad­di­tion­al homes and build­ings may be cre­ated.4

3 If the ex­ten­sion of an ex­ist­ing home ex­ceeds the area men­tioned in the second sen­tence of para­graph 2, the ex­ten­sion shall be per­mit­ted provided the home is de­clared to be a prin­cip­al home as defined in Art­icle 7 para­graph 1 let­ter a or a home in­ten­ded as man­aged tour­ist ac­com­mod­a­tion as defined in Art­icle 7 para­graph 1 let­ter b in con­junc­tion with Art­icle 7 para­graph 2 let­ter a or b and the rel­ev­ant au­thor­isa­tion re­quire­ments are met. The build­ing au­thor­ity shall or­der a cor­res­pond­ing re­stric­tion on use in the build­ing per­mit and in­struct the land re­gistry to note the re­stric­tion on use in the land re­gister as soon as the build­ing per­mit be­comes leg­ally ef­fect­ive.5

4 The fore­go­ing is sub­ject to any oth­er re­quire­ments of fed­er­al and can­ton­al law. Out­side build­ing zones, the per­miss­ib­il­ity of changes to struc­ture and use shall be de­term­ined in ac­cord­ance with the pro­vi­sions of the spa­tial plan­ning le­gis­la­tion.6

4 Amended by No I of the FA of 15 March 2024, in force since 1 Oct. 2024 (AS 2024 501; BBl 2023 1480, 2025).

5 Amended by No I of the FA of 15 March 2024, in force since 1 Oct. 2024 (AS 2024 501; BBl 2023 1480, 2025).

6 Amended by No I of the FA of 15 March 2024, in force since 1 Oct. 2024 (AS 2024 501; BBl 2023 1480, 2025).

Art. 12 Abuse and undesirable developments  

1 The can­tons and com­munes shall take the meas­ures re­quired to pre­vent cases of ab­use and un­desir­able de­vel­op­ments that may res­ult from the un­res­tric­ted use of homes sub­ject to the pre­vi­ous law as second homes.

2 To this end, the can­tons may im­pose more strin­gent re­stric­tions than those con­tained in this Act on the change of use of homes pre­vi­ously used as prin­cip­al homes to second homes to­geth­er with the pos­sible changes in ac­cord­ance with Art­icle 11 para­graphs 2–4. If these changes in use and struc­ture do not re­quire a build­ing per­mit, the can­tons may in­tro­duce a build­ing per­mit re­quire­ment.

Section 2 Amendment and Suspension of Restrictions on Use

Art. 13 Amendment  

The amend­ment of the fol­low­ing re­stric­tions on use re­quires a build­ing per­mit:

a.
a change in use un­der Art­icle 7 para­graph 1 let­ter a to use as a home in­ten­ded as man­aged tour­ist ac­com­mod­a­tion;
b.
a change in use with­in the cat­egor­ies of use un­der Art­icle 7 para­graph 2.
Art. 14 Suspension  

1 At the re­quest of the own­er, the build­ing au­thor­ity shall sus­pend a re­stric­tion on use un­der Art­icle 7 para­graph 1 for a spe­cif­ic peri­od if:

a.
the re­stric­tion on use can­not be com­plied with tem­por­ar­ily due to spe­cial cir­cum­stances, such as death, change of res­id­ence or change in civil status; or
b.
the own­er provides proof that the home has been pub­licly ad­vert­ised but the at­tempt to find per­sons who would make ad­equate pay­ment in or­der to use the home in ac­cord­ance with the law has been un­suc­cess­ful.

2 The au­thor­ity shall ex­tend the sus­pen­sion un­der para­graph 1 let­ter b if the own­er provides proof that the re­quire­ments there­for con­tin­ue to be met.

3 In or­der­ing the sus­pen­sion in ac­cord­ance with para­graph 1 let­ter b and on any ex­ten­sion there­of, it shall also or­der a re­as­sess­ment of the of­fi­cial value of the home at the own­er’s ex­pense.

4 The Fed­er­al Coun­cil shall reg­u­late the dur­a­tion of sus­pen­sions and their ex­ten­sions as well as the de­tails of the proof to be provided in ac­cord­ance with para­graph 1 let­ter b, in par­tic­u­lar the re­quire­ments for pub­licly ad­vert­ising the home.

Chapter 6 Implementation

Art. 15 Supervisory authority  

Each can­ton shall ap­point an au­thor­ity to su­per­vise the im­ple­ment­a­tion of this Act.

Art. 16 Duties to notify  

1 The au­thor­ity re­spons­ible for the res­id­ents’ re­gister of­fice in a com­mune with a pro­por­tion of second homes in ex­cess of 20 per cent shall no­ti­fy the build­ing au­thor­ity of per­sons who:

a.
move home with­in the com­mune;
b.
move out of the com­mune; or
c.
re­lo­cate per­man­ently to an­oth­er com­mune.

2 The land re­gistry shall no­ti­fy the build­ing au­thor­ity of the re­cord­ing in the land re­gister of any trans­fer of own­er­ship of prop­erty loc­ated in a com­mune with a pro­por­tion of second homes in ex­cess of 20 per cent in re­spect of which a re­stric­tion on use has been noted in ac­cord­ance with Art­icle 7 para­graph 1. The can­tons shall reg­u­late the no­ti­fic­a­tion pro­ced­ure.

3 The in­form­a­tion re­quired from the res­id­ents’ re­gister of­fices and the land re­gister in or­der to im­ple­ment Art­icles 4 and 7 may be re­cor­ded in the Fed­er­al Re­gister of Build­ings and Dwell­ings. The in­form­a­tion shall be re­cor­ded by the au­thor­ity com­pet­ent for up­dat­ing this re­gister.

Art. 17 Official measures in the case of unlawful use  

1 If a home with a re­stric­tion on use un­der Art­icle 7 para­graph 1 is not used in ac­cord­ance with the law, the com­pet­ent au­thor­ity shall set a dead­line for the own­er to re­store the law­ful po­s­i­tion un­der no­tice of sub­sti­tute per­form­ance and the pen­alty un­der Art­icle 292 of the Crim­in­al Code7 in the event of fail­ure to do so. The au­thor­ity may ex­tend the dead­line at the re­quest of the own­er in jus­ti­fied cases.

2 If the own­er fails to re­store the law­ful po­s­i­tion with­in the rel­ev­ant dead­line, the com­pet­ent au­thor­ity shall pro­hib­it the use of the home and or­der it to be sealed.

3 The com­pet­ent au­thor­ity shall take the meas­ures re­quired to re­store the law­ful po­s­i­tion. In par­tic­u­lar, it may rent out the home sub­ject to com­pli­ance with the re­stric­tion on use un­der Art­icle 7 para­graph 1.

4 If mem­bers of the com­pet­ent build­ing au­thor­it­ies or their em­ploy­ees be­come aware of of­fences in the course of their of­fi­cial activ­it­ies, they are re­quired to re­port the same im­me­di­ately to the su­per­vis­ory au­thor­ity in ac­cord­ance with Art­icle 15.

Art. 18 Official measures in the event of unlawful use  

1 The com­pet­ent au­thor­ity shall have all the rights and ob­lig­a­tions that it re­quires to re­store law­ful use on be­half of the own­er.

2 It may in­struct third parties to carry out the re­quired meas­ures.

3 The rent­al in­come in ac­cord­ance with Art­icle 17 para­graph 3 shall be paid to the own­er un­der de­duc­tion of the ad­min­is­trat­ive costs in­curred by the com­pet­ent au­thor­ity and any third parties in­struc­ted.

Art. 19 Review of impact and proposed measures  

1 The Fed­er­al Of­fice for Spa­tial De­vel­op­ment, work­ing with the State Sec­ret­ari­at for Eco­nom­ic Af­fairs, shall reg­u­larly re­view the im­pact of this Act. It shall in par­tic­u­lar re­view its im­pact on tour­ism and the eco­nomy in the re­gions con­cerned.

2 The rel­ev­ant de­part­ments shall re­port to the Fed­er­al Coun­cil peri­od­ic­ally. If re­quired, the re­ports shall also pro­pose fur­ther meas­ures, par­tic­u­larly in re­la­tion to loc­a­tion pro­mo­tion. The first re­ports shall be filed four years after this Act comes in­to force.

Art. 20 Jurisdiction, procedure and rights of appeal  

1 The as­sess­ment of ap­plic­a­tions for build­ing per­mits and no­ti­fic­a­tion of de­cisions on build­ing per­mits shall be gov­erned ex­clus­ively by the rel­ev­ant can­ton­al pro­vi­sions. Art­icle 112 para­graph 4 of the Fed­er­al Su­preme Court Act of 17 June 20058 is re­served.

2 In ad­di­tion and sub­ject to the pro­vi­sions of this Act, jur­is­dic­tion, pro­ced­ures and rights of ap­peal are gov­erned by the Spa­tial Plan­ning Act of 22 June 19799 and the re­lated can­ton­al im­ple­ment­ing pro­vi­sions.

Chapter 7 Criminal Provisions

Art. 21 Disregard of restrictions on use  

1 Any per­son who wil­fully dis­reg­ards a re­stric­tion on use in terms of this Act shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to mon­et­ary pen­alty.

2 If the of­fend­er acts through neg­li­gence, he or she shall be li­able to a mon­et­ary pen­alty not ex­ceed­ing 180 daily pen­alty units.

3 If the re­stric­tion on use is sub­sequently re­voked, the of­fend­er shall be li­able to a mon­et­ary pen­alty not ex­ceed­ing 90 daily pen­alty units.

4 Pro­sec­u­tion shall be de­ferred un­til a leg­ally bind­ing de­cision has been taken on the sus­pen­sion or amend­ment of a re­stric­tion on use.

Art. 22 Incorrect information  

1 Any per­son who wil­fully provides the com­pet­ent au­thor­it­ies with in­cor­rect or in­com­plete in­form­a­tion on mat­ters that are rel­ev­ant to the au­thor­isa­tion, sus­pen­sion or amend­ment of a re­stric­tion on use un­der this Act or who de­ceit­fully ex­ploits an er­ror on the part of those au­thor­it­ies shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

2 Any per­son who provides in­cor­rect or in­com­plete in­form­a­tion through neg­li­gence shall be li­able to a mon­et­ary pen­alty not ex­ceed­ing 180 daily pen­alty units.

Chapter 8 Final Provisions

Art. 23 Implementing provisions  

The Fed­er­al Coun­cil shall is­sue the im­ple­ment­ing pro­vi­sions un­less the law de­clares the can­tons to be re­spons­ible there­for.

Art. 24 Amendment of other legislation  

The fol­low­ing acts are amended as fol­lows:

10

10 The amend­ments may be con­sul­ted un­der AS 2015 5657.

Art. 25 Transitional provisions  

1 This Act ap­plies to ap­plic­a­tions for build­ing per­mits that are con­sidered at first in­stance or on ap­peal after this Act comes in­to force.

2 If a build­ing per­mit that was gran­ted and took leg­al ef­fect be­fore 11 March 2012 re­quires the ex­e­cu­tion of the work to be post­poned pending a de­cision re­lat­ing to quotas, the com­pet­ent build­ing au­thor­ity may au­thor­ise the work to be­gin at the latest with­in two years of this Act com­ing in­to force provided the build­ing per­mit did not spe­cify a peri­od with­in which the work must start or post­poned the start of the work for a peri­od that ends no later than two years after this Act comes in­to force.

3 If the pro­por­tion of second homes in a com­mune falls to 20 per cent or less, the build­ing au­thor­ity shall, at the re­quest of the own­er, re­voke any re­stric­tion on use un­der Art­icle 7 para­graph 1 and in­struct the land re­gister to de­lete the rel­ev­ant note on the land re­gister fo­lio for the prop­erty con­cerned.

4 Build­ing per­mits that were gran­ted and took leg­al ef­fect be­fore 31 Decem­ber 2012 un­der the rel­ev­ant can­ton­al pro­ced­ur­al law shall re­main val­id.

5 Build­ing per­mits that were gran­ted and took leg­al ef­fect in ac­cord­ance with rel­ev­ant can­ton­al pro­ced­ur­al law after 1 Janu­ary 2013 but be­fore this Act came in­to force shall re­main val­id provided they are based on the Or­din­ance of 22 Au­gust 201211 on Second Homes.

Art. 26 Project-related special land use plans  

1 In com­munes with a pro­por­tion of second homes in ex­cess of 20 per cent, homes that are the sub­ject of a pro­ject-re­lated spe­cial land use plan that at least to a sig­ni­fic­ant ex­tent in­volves the con­struc­tion of second homes may be au­thor­ised without any re­stric­tion on use un­der Art­icle 7 para­graph 1 if this plan:

a.
re­ceived ap­prov­al which took leg­al ef­fect be­fore 11 March 2012; and
b.
stip­u­lates the es­sen­tial ele­ments of the build­ing per­mit re­lat­ing to loc­a­tion, lay­out, size and design of the build­ings and in­stall­a­tions as well as nature and ex­tent of their use.

2 Amend­ments to spe­cial land use plans in ac­cord­ance with para­graph 1 are per­mit­ted provided there is no in­crease in the pro­por­tion of homes without re­stric­tion on use un­der Art­icle 7 para­graph 1 and in the pro­por­tion of main us­able areas oc­cu­pied by such homes.

Art. 27 Preliminary inquiries before 18 December 2007  

Ir­re­spect­ive of the re­quire­ments of Art­icle 7 para­graph 2 and Art­icles 8, 9 or 26, a build­ing per­mit ap­plic­a­tion for a new home may be au­thor­ised without re­stric­tion on use un­der Art­icle 7 para­graph 1 if:

a.
the com­pet­ent build­ing au­thor­ity, in re­sponse to a suf­fi­ciently de­tailed pre­lim­in­ary re­quest, provided a writ­ten an­swer be­fore 18 Decem­ber 2007 which:
1.
con­tained the es­sen­tial ele­ments of the build­ing per­mit as defined in Art­icle 26 para­graph 1 let­ter b,
2.
con­firmed that the pro­ject was eli­gible for au­thor­isa­tion;
b.
it was not pos­sible to grant the build­ing per­mit be­fore 11 March 2012 be­cause the own­er was pre­ven­ted from sub­mit­ting a build­ing per­mit ap­plic­a­tion on time through no fault of his or her own; and
c.
the oth­er re­quire­ments for grant­ing the build­ing per­mit are ful­filled.
Art. 28 Referendum and commencement  

1 This Act is sub­ject to an op­tion­al ref­er­en­dum.

2 The Fed­er­al Coun­cil shall de­term­ine the com­mence­ment date.

Com­mence­ment date: 1 Janu­ary 201612

12 FCD of 4 Dec. 2015.

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