Act introducing the Federal Act on the Acquisition of Real Estate by Persons Abroad - Authorities

1. The Federal Act on the Acquisition of Real Estate by Persons Abroad (BewG) and the corresponding Ordinance (BewV) are executed by

a. the Government Council,

b. the Department of Justice and Security,

c. * the office designated by the Government Council in the Ordinance,

d. the Land Registry Officer,

e. the Commercial Register Officer,

f. the Auction Authority,

g. the eligible voters of the municipality,

h. * the Municipal Council. A divergent regulation in a legislative decree of the municipality is reserved.

1. The Governing Council is the supervisory authority.

2. It may issue instructions to the designated office responsible for the allocation of the cantonal quota.

1. The Department of Justice and Security is the cantonal authority entitled to lodge a complaint.

2. ...

1. The office designated by the government council is the licensing authority.

2. Before reaching a decision on the granting of a license, it seeks the opinion of the municipality.

1. If the land register administrator or the commercial register officer cannot readily exclude the requirement for approval, they shall refer the acquirer, in accordance with Article 18 paragraphs 1 and 2 of the Real Estate Acquisition Act (BewG), to the office responsible for the authorization process.

1. The auction authority highlights the approval requirement for persons abroad in the auction conditions for a foreclosure sale of real estate.

2. Otherwise, it proceeds in accordance with the provisions of Art. 19 BewG.

1. The municipality provides an opinion on approval applications (§ 4 para. 3).

2. It comments particularly on the existence of exceptionally close relationships worthy of protection between the acquirer and the municipality (§ 8 subpara. b).

3. The municipality in which the property is located has the right of appeal pursuant to Art. 20 para. 2c BewG.

1. In addition to the general authorization grounds according to Art. 8 of the Federal Act on the Acquisition of Real Estate by Persons Abroad (BewG), a natural person is permitted to acquire real estate

a. * ...

b. as a secondary residence in a location with which they maintain exceptionally close, legally protected ties, as long as these persist (Art. 9 para. 1c BewG),

c. as a vacation home or residential unit in an apparthotel in a tourist area within the framework of the cantonal quota (Art. 9 paras. 2 and 3 BewG).

1. Tourist destinations within the meaning of this law shall be deemed to be municipalities that

a. fulfill the requirements of Art. 9 para. 3 BewG and

b. are designated as tourist destinations by the Governing Council upon the request of the eligible voters of a municipality.

2. The eligible voters of the municipality may introduce restrictions in the sense of Art. 13 BewG through legislative enactment.

3. Legislative enactments according to paras. 1 and 2 are to be limited to a maximum of eight years; those according to para. 1 are subject to the approval of the Federal Council.

4. If restrictions in the sense of Art. 13 paras. 1b and c BewG are introduced, assurances of permits to transferors (principle permits) expire within three years, unless the application for the acquisition permit has already been made (Art. 12 para. 3 BewV).

1. The competent authority ensures compliance with the cantonal quota and any directives of the government council pursuant to § 2 paragraph 2 when granting permits for the acquisition of holiday apartments and residential units in aparthotels, as well as when granting permits in cases of hardship according to Article 8 paragraph 3 BewG.

1. The approval and appeal procedure, including the appeal procedure against dismissive orders of the land registry officer and the commercial registry officer (Art. 18 para. 3 BewG) as well as against annulment orders by the auction authority (Art. 19 para. 4 BewG), shall be governed, insofar as federal law contains no differing provisions, by the Administrative Procedure Act.

1. The Ordinance to the Federal Act on the Acquisition of Real Estate by Persons Abroad of November 23, 1984 is repealed.

1. This law shall enter into force on January 1, 1988. It is subject to an optional referendum.