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

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.