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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
c.
the word­ing of its con­di­tions of use.