Act Introducing the Federal Act of 16 December 1983 on the Acquisition of Real Estate by Persons Abroad - Additional Cantonal Reasons for Approval (Art. 9 BewG) (LIESURLPFES)
Table of Provisions (9)
Statutory Text (9 Provisions)
1. Acquisition is permitted if the property serves
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2. a natural person as a secondary residence in a location with which they maintain unusually close and legally protected connections, as long as these continue.
2. A natural person may be granted permission to acquire a holiday apartment within the framework of the cantonal quota (Art. 11 BewG) if it is located in a tourist community. The government council, after consulting the municipal authorities, determines which communities require the acquisition of holiday apartments by foreign persons in order to promote tourism (Art. 9 para. 3 BewG). The licensing authority decides on the allocation from the quota. It may establish allocation criteria considering economic and political aspects.
1. The Department of Construction and Economic Affairs decides on the requirement for a permit, the granting of a permit, and the revocation of a permit or condition.
1. The President of the Higher Court is designated as the authority entitled to lodge a complaint, who can also request the revocation of a permit.
2. The Department of Internal Affairs and Security may demand the initiation of criminal proceedings and seek the rectification of the unlawful condition.
1. Appellate Authority is the Government Council.
1. Applications for approval or for clarification of the requirement for approval must be submitted in writing and with justification to the Department of Construction and Economic Affairs. This department is authorized to request additional documents and to conduct the necessary investigations.
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3. Applications for approvals pursuant to Art. 1 are to be submitted to the municipal council of the municipality where the site is located for their opinion.
4. The approval authority may impose state fees ranging from CHF 20.- to CHF 5,000.- for their decisions. They may also require an appropriate advance on costs from the applicant.
1. Appeals must be submitted in writing and with reasons to the Cantonal Chancellery for the attention of the Government Council within thirty days of the delivery of the decision. The contested decision must be enclosed.
1. In lawsuits for the restoration of the original state or dissolution of a legal entity pursuant to Article 57 paragraph 3 of the Swiss Civil Code (ZGB), no conciliation procedure shall take place.
2. The canton is not required to pay filing fees or provide cost advances in the litigation process.
1. The Government Council shall issue additional regulations regarding the authorization and appeal procedures as needed.
1. This Act shall enter into force on January 1, 1988. It replaces the Introductory Ordinance of December 3, 1984, to the BewG.
2. It shall also apply to proceedings that are already pending.