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

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.