Introductory Act to the Federal Act of 16 December 1983 on the Acquisition of Real Estate by Persons Abroad (BewG) - Social Housing (BEWG)

1. Acquisition shall be granted if the property serves the purpose of social housing (according to cantonal law and without federal assistance) in areas suffering from a housing shortage, or if such newly constructed residential buildings are located on the property.

1. Terms and function designations in this law refer to both genders, unless the context of the law indicates otherwise.

1. The acquisition is approved if the property serves as a secondary residence for a natural person in a location where they maintain exceptionally close and legally protected ties, as long as these ties persist.

1. The acquisition can be approved within the framework of the cantonal quota if the property serves as a holiday apartment or a residential unit in an aparthotel for a natural person in locations according to Article 9 paragraph 3 BewG.

2. The government designates the locations that require the acquisition of holiday apartments or residential units in aparthotels by persons abroad in order to promote tourism. The decision of the government is final.

1. The acquisition of holiday apartments or residential units in an aparthotel pursuant to Article 4 of this Act is permitted within the framework of condominium ownership or another ensemble of several apartments from Swiss sellers.

2. ...

1. The acquisition of a single holiday apartment or a residential unit in an aparthotel from a Swiss seller is permitted.

2. If the municipality where the property is located has introduced restrictions according to Article 8 letter b, such an acquisition is permitted only for important reasons.

1. The acquisition of a holiday apartment or a residential unit in an aparthotel from another person abroad is permitted.

2. If the municipality in which the property is located has imposed restrictions according to Article 8 letter b, the inability to sell at production costs to a person not requiring authorization must be demonstrated.

1. Municipalities may restrict the acquisition of vacation apartments and residential units in aparthotels by specifically

a) Imposing a moratorium on permits;

b) * Introducing a quota for the acquisition from a totality of vacation apartments or residential units in aparthotels;

c) Limiting acquisition to newly constructed objects;

d) * Excluding the acquisition of individual vacation apartments pursuant to Article 6.

1. Municipalities may further restrict the acquisition of holiday apartments and residential units in aparthotels, particularly within the meaning of Article 13, paragraph 1, letters d and e of the BewG, or request to be removed from the list of locations in accordance with Article 9, paragraph 3 of the BewG.

1. The government shall determine annually, taking into account the municipal resolutions, the final manner in which the cantonal authorization quota is allocated.

1. There is no legal entitlement to an allocation from the cantonal quota. Exceptions are reserved for hardship cases under federal law.

1. Assurances of Approvals to Transferors (Principle Approvals) are limited to a period of four years. For important reasons, the approval authority may extend this period.

1. The granting authority is the Land Registry Inspectorate.

1. The government designates the department entitled to lodge complaints.

1. Court of Appeal is the Superior Court.

1. Applications for the grant of a permit must be submitted in writing and justified to the permitting authority.

1. The granting authority must conduct all necessary investigations upon receipt of the application.

1. For decisions, other official acts, expert reports, and similar actions, fees are levied in accordance with the Administrative Procedure Act.

1. The land registry offices provide the approval authority, on behalf of the Federal Office of Justice, with the information necessary for maintaining and publishing statistics.

1. The procedure for the introduction of restrictions pursuant to Article 8 and Article 9 of this Act is governed by municipal law. These restrictions must be communicated to the approval authority.

2. Limitations imposed by municipalities according to the cantonal implementing ordinance of 21 November 1984 under the BewG remain in force.

1. This law shall enter into force on January 1, 1988. It replaces the Grand Council's Executive Ordinance of November 21, 1984, concerning the Federal Act of December 16, 1983, on the Acquisition of Real Estate by Persons Abroad.