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Federal Act on Second Homes (Second Homes Act, SHA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
of 20 March 2015 (Status as of 1 January 2016)
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 complex.
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 complex must meet;
b.
the duty to report any change in use from a home used as managed tourist accommodation into a principal home; and