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Art. 2 Federal Act of 20 March 2015 on Second Homes (SHA) - Definitions

SHA; Chapter 1 General Provisions
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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. 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 2006 {note: SR 431.02} . 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. In this Act, «second home» means a home that is neither a principal home nor equivalent to a principal home.

Art. 2 SHA · Definitions

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.

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 2006 .

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.

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

← Art. 1 SHA Federal Act of 20 March 2015 on Second Homes (SHA) - Subject matter Art. 3 SHA →

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Court Decisions Applying This Provision (19)

R 2023 127 · gr (Art. 2 Abs. 1 ZWG)
Property Owner Appeal Against Primary Residence Condition Upheld on Remand
Cited extensively to define what constitutes a 'Wohnung' (dwelling) under the Second Homes Act, crucial for determining the applicability of the restriction.
RRB.2024.000774 · ag (Art. 2 Abs. 1 ZWG)
Building Permit Appeal: Workshop, Commercial Halls, and Underground Garage Allowed with Conditions
Used as the legal definition of a dwelling to assess the suitability of the upper floor rooms for residential use.
R 2024 4 · gr (Art. 2 Abs. 2 und Abs. 3 ZWG)
Appeal Dismissed on Primary Residence Obligation Fulfillment
The court confirmed the municipal decision that the use of the dwelling by the third appellant did not qualify as primary residence use as defined by this article.
AN.2022.00008 · zh (Art./§ 2 Abs. III lit. a ZWG)
Zoning Plan Revision Upholding Restrictions on Short-Term Rentals in Housing Quota Calculations
This provision is cited in the list of norms related to the scope of the federal Second Homes Act, which was discussed in relation to municipal autonomy.
AN.2022.00008 · zh (Art./§ 2 Abs. III lit. c ZWG)
Zoning Plan Revision Upholding Restrictions on Short-Term Rentals in Housing Quota Calculations
This provision is cited in the list of norms related to the scope of the federal Second Homes Act, which was discussed in relation to municipal autonomy.
AN.2022.00008 · zh (Art./§ 2 Abs. III lit. g ZWG)
Zoning Plan Revision Upholding Restrictions on Short-Term Rentals in Housing Quota Calculations
This provision is cited in the list of norms related to the scope of the federal Second Homes Act, which was discussed in relation to municipal autonomy.
R 2021 95 · gr (Art. 2 LASec)
Petitioners v. Municipality Regarding Primary Residence Restriction
This provision defining 'dwelling' was used in the reasoning to assess the criteria for the building in question.
110 2020 172 · be (Art. 2 Abs. 1 ZWG)
Applicants v. Authority Regarding Building Permit for Second Home Extension
Used in conjunction with Art. 10 ZWG to determine that the building did not meet the legal definition of a dwelling on the relevant date.
PVG 2020 20 · gr (Art. 2 ZWG)
Second Home Dwelling Definition and Vested Rights in Former Health Resort
The decision uses the definition of 'Wohnung' (dwelling) under Art. 2 ZWG to assess the property's qualification.
AC.2020.0031 · vd (art. 2 al. 3 LRS)
Appeal Against Prior Approval for Chalet Implantation Upheld
Cited to define housing assimilated to a principal residence.
A-5636/2019 (Art. 2 Abs. 3 Bst. e ZWG)
Municipality Fails to Reclassify Agricultural Dwellings as Primary Residences, Second Home Ban Upheld
This provision was discussed to determine if certain dwellings could be considered as primary residences, but was ultimately not applied as the list in Art. 2 Abs. 3 ZWG was deemed exhaustive.
A-5636/2019 (Art. 2 Abs. 3 ZWG)
Municipality Fails to Reclassify Agricultural Dwellings as Primary Residences, Second Home Ban Upheld
The court applied this provision to determine that the list of dwellings considered primary residences is exhaustive, and therefore, dwellings not falling into these categories cannot be equated to primary residences.
120 2019 64 · be (Art. 2. Abs. 2 ZWG)
Owner's Appeal of Second Home Restriction Upheld Due to Continued Primary Residence Status
The provision defines a primary residence, which is the core concept that defeats the notion of a secondary residence constituting a violation of the planning zone.
R 2018 17 · gr (Art. 2 Abs. 1 ZWG)
Co-owners v. Municipality: Validity of Expired Building Permit and Pre-existing Dwelling Status Under Second Home Act
Used to qualify the premises in the 2nd floor as an apartment for the purpose of Art. 10 ZWG.
PVG 2018 25 · gr (Art. 2 ZWG)
Revocation of Permits for Reclassified Primary Residences Due to Abuse of Right
This article defines primary residences, which is central to determining the alleged abuse of right (E.2.3).