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Art. 36 Implementing provisions
1 The Federal Council and the cantons shall issue the required implementing provisions. 2 Apart from the required implementing provisions, the cantons may also, where this Act authorises them to do so, issue further temporary provisions by ordinance not subject to a referendum; such ordinances remain in force until the enactment of statutory provisions, but for no longer than three years following the commencement of this Act. 3 Notice must be given to the Federal Office of Justice of the provisions that the cantons and the communes issue.
Para. 3 — Amended by No I of the FA of 8 Oct. 2004, in force since 1 April 2005 (AS 2005 1337; BBl 2003 4357).
Art. 37 Repeal and amendment of other legislation
1 The Federal Decree of 23 March 1961 on the Acquisition of Immovable Property in Switzerland by Foreign Non-Residents is repealed. 2 ...
Para. 1 — [AS 1961 203, 1965 1239, 1970 1199, 1974 83, 1977 1689 Sec. II, 1982 1914] Para. 2 — The amendment may be consulted under AS 1984 1148.
Art. 38 Transitional provision
This Act and the implementing provisions based thereon apply to authorisations that are granted following the commencement of this Act by the authority of first instance, unless they are based on legally binding general authorisations under the previous law.
[AS 1972 1062. AS 1974 94 Art. 26] [AS 1974 109, 1975 1303, 1976 607. AS 1976 2389 Art. 5 para. 3] [AS 1976 2389, 1979 806, 1980 1875, 1981 2070, 1982 2235, 1983 1614]
Art. 39 Authorisation quotas
The Federal Council shall fix the maximum number of authorisations for the whole of Switzerland for holiday homes and accommodation units in aparthotels for an initial period of two years at a number equivalent to two thirds of all the authorisations that were granted on average over the five years prior to the commencement of this Act for the acquisition of second homes in accordance with the previous law.
Art. 40 Referendum and commencement
1 This Act is subject to an optional referendum. 2 It comes into force on 1 January 1985, provided the popular initiative «against selling off our native land» has previously been withdrawn or rejected. If this is not the case, the Federal Council shall determine the commencement date.
Para. 2 — The initiative was rejected on 20 May 1984 (BBl 1984 II 989).
Final Provisions Amendment of 30 April 1997
AS 1997 2086; BBl 1997 II 1221
1 The amendment to this Act applies to legal transactions that are concluded but not yet executed or made subject to a final court judgment before this amendment comes into force.
2 Conditions attached to an authorisation lapse ex officio if they are not required under the new law or the new law no longer requires authorisation for the acquisition; they shall be deleted from the land register at the acquirer's request. 3 Unless the land registrar can readily establish whether a condition has lapsed ex officio, he or she shall refer the applicant to the authorisation authority; Article 18 paragraph 1 applies in an analogous manner.
Final Provisions Amendment of 8 October 1999
AS 2002 701; BBl 1999 6128
The Final Provisions based on the Amendment of 30 April 1997 apply by analogy to this Amendment.
AS 1997 2086
Final Provisions Amendment of 14 December 2001
AS 2002 685; BBl 2001 4963