2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law
Table of Provisions (10)
Statutory Text (10 Provisions)
Competence
Art. 15 Property Acquisition Law
Competent are
a) the department designated by the Government Council as the licensing authority,
b) the Land Registry Inspectorate as the authority entitled to appeal,
c) the Government Council as the appellate body.
II. Grounds for Permit and Restrictions
Additional Cantonal Grounds for Permit
**Art. 9 BewG**
The acquisition of a property shall be granted to a natural person
a) as a primary residence at the place of their legal and actual domicile, as long as this continues,
b) as a holiday home or as a residential unit in an apart-hotel in a tourist resort within the framework of the cantonal quota.
Tourism Resorts
Art. 9 para. 3 BewG
1 Tourism resorts are municipalities or districts that meet the requirements of Art. 9 para. 3 BewG.
2 The Government Council determines these places every three years after hearing the municipalities.
Further Restrictions
**Art. 13 BewG**
1 The municipalities designated on the basis of Art. 3 para. 2 may, by resolution
of the voters, further restrict the acquisition of holiday homes and residential units
in aparthotels within the meaning of Art. 13 BewG.
2 The municipalities must notify the Federal Office of Justice and
the cantonal permit authority of the restrictions.
**III. Procedure**
Distribution of the Cantonal Quota
Art. 11 BewG
The Government Council annually distributes the cantonal quota among the tourist
destinations. In doing so, it takes into account the desired tourism development as
well as the proportion of foreign-owned real estate.
Forfeiture of Principal Permits
**Art. 12 BewV**
Permit assurances to transferors lapse after five years. This period may, exceptionally and for important reasons, be extended if the recipient of the principal permit applies for it before the expiry of the period.
Statistics
Art. 20 BewV
1 The land register administrators shall immediately communicate to the licensing authority all entries made in accordance with Article 20, paragraph 1 of the Ordinance on the Acquisition of Real Estate by Persons Abroad (BewV).
2 The licensing authority shall report these particulars to the Federal Office of Justice.
Fees
A fee is payable for each disposition.
IV. Final Provisions
Repeal of Existing Law
The Enforcement Ordinance to the Federal Act on the Acquisition of Real Estate by Persons Abroad of November 20, 1984, is hereby repealed.
Referendum, Publication, Entry into Force
1 This Act is subject to a referendum in accordance with §§ 34 or 35 of the Cantonal Constitution.
2 It shall be published in the Official Gazette and, after its entry into force, included in the Collection of Laws.
3 It shall enter into force on January 1, 1988, after its adoption by the people and approval by the Federal Council. The Government Council is charged with its execution.
1 GS 17-679 with amendments of December 17, 2013 (GC Decision adapting to new Cantonal Constitution, GS 23-97) and of October 25, 2017 (Judiciary Act, GS 25-10e).
2 Adopted in the popular vote of October 18, 1987, with 15,929 Ayes against 10,963 Noes (Off. Gaz. 1987 1015).
3 SR 211.412.41.
4 Para. 1 as amended on October 25, 2017.
5 SR 211.412,411.
6 GS 17-523.
7 Heading, Paras. 1, 2, and 3 as amended on December 17, 2013.
8 Approved by the Federal Council on January 12, 1988.
9 Amendments of December 17, 2013, entered into force on January 1, 2014 (Off. Gaz. 2013 2974) and of October 25, 2017, entered into force on July 1, 2018 (Off. Gaz. 2018 498).