702 ZWGLRSLASEC

CH

Art. 7 Federal Act of 20 March 2015 on Second Homes (SHA)

SHA; Chapter 4 Construction of New Homes in Communes with a Proportion of Second Homes in excess of 20 per cent

Open official source Full Act (28 Articles) Machine-readable Markdown (.md)

Art. 7 SHA

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.

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.

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.

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.

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.

← Art. 6 SHA Federal Act of 20 March 2015 on Second Homes (SHA) - Subject matter Art. 8 SHA →

Court Decisions Applying This Provision (44)

VR3 2024 43 · gr (Art. 7 Abs. 1 Bst. a ZWG)

Municipality Retroactive Permit Upheld Over Primary Residence Obligation in Expansion Dispute

This article provides the basis for ordering the usability restriction (Erstwohnungsauflage) due to the exceeding of the permitted extension.

VR3 2023 47 · gr (Art. 7 Abs. 1 ZWG)

Appeal Against Partial Revision of Local Development Plan for Hotel Resort Expansion

Cited regarding restrictions on new dwellings in municipalities with a secondary residence quota exceeding 20%, but not explicitly cited in the final orders 1-4.

VR3 2023 47 · gr (Art. 7 Abs. 2 lit. b ZWG)

Appeal Against Partial Revision of Local Development Plan for Hotel Resort Expansion

Cited regarding the definition of a dwelling used for tourist short-term rental, but not explicitly cited in the final orders 1-4.

VR3 2024 26 · gr (Art. 7 Abs. 1 ZWG)

Neighbor's Challenge to Mixed-Use Construction Permit Approval

The appeal was granted because the residential unit was wrongly approved without a usage restriction pursuant to this article.

R 2023 127 · gr (Art. 7 Abs. 1 lit. a ZWG)

Property Owner Appeal Against Primary Residence Condition Upheld on Remand

This is the core legal provision defining the content of the primary dwelling obligation (Erstwohnungspflicht) imposed by the municipality, which the appeal challenges (the subject matter of the re-adjudication).

R 2022 114 · gr (Art. 7 Abs. 1 lit. a ZWG)

Office to Unrestricted Residential Conversion Appeal Dismissed Under Second Homes Act

This provision establishes the primary legal basis for the municipal condition that the newly created apartment must be used as a primary residence, which the court ultimately upheld by dismissing the appeal.

AC.2021.0388 · vd (art. 7 al. 1 LRS)

Construction Permits Overturned Due to Zoning Irregularities and Secondary Residence Abuse

The court found a manifest abuse of law regarding the intended use as principal residences, which would violate the restrictions imposed by this article.

R 2022 71 · gr (Art. 7 Abs. 1 ZWG)

Appeal Dismissed: Luxury Home Primary Residence Use Validated Against Second Home Circumvention Claim

Cited in the reasoning to establish that new dwellings may only be permitted if they are used as primary residences or tourist accommodations.

R 2022 71 · gr (Art. 7 Abs. 1 lit. a ZWG)

Appeal Dismissed: Luxury Home Primary Residence Use Validated Against Second Home Circumvention Claim

Cited in the reasoning in relation to the land registry annotation and the mandatory use restriction imposed by the decision.

R 2022 71 · gr (Art. 7 Abs. 3 ZWG)

Appeal Dismissed: Luxury Home Primary Residence Use Validated Against Second Home Circumvention Claim

Cited in the reasoning to explain that the building permit authority imposes the use restriction via a usage condition.

R 2022 71 · gr (Art. 7 Abs. 4 ZWG)

Appeal Dismissed: Luxury Home Primary Residence Use Validated Against Second Home Circumvention Claim

Cited in the reasoning section regarding the instruction to the land registry office to note the restriction of use as a primary residence.

R 2022 71 · gr (Art. 7 ZWG)

Appeal Dismissed: Luxury Home Primary Residence Use Validated Against Second Home Circumvention Claim

Cited in the reasoning section to explain the obligation for new buildings to be used as primary residences and the imposition of use restrictions.

R 2021 103 · gr (Art. 7 Abs. 1 lit. a ZWG)

Appeal Against Municipality's Amendment Approving Caretaker's Primary Residence in Basement

Cited in the context of establishing that the intended use is as a primary residence.

R 2021 103 · gr (Art. 7 Abs. 1 lit. b ZWG)

Appeal Against Municipality's Amendment Approving Caretaker's Primary Residence in Basement

Cited when discussing the potential classification of an ancillary apartment as a tourist accommodation, though ultimately distinguishing the house manager apartment from this category.

R 2021 103 · gr (Art. 7 Abs. 2 lit. a ZWG)

Appeal Against Municipality's Amendment Approving Caretaker's Primary Residence in Basement

Cited while clarifying the definition and requirements for an ancillary apartment (Einliegerwohnung) under the ZWG.