Second Homes Act (SHA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 New Homes with Restrictions on Use
Art. 7
1 In communes with a proportion of second homes in excess of 20 per cent, building permits may only be granted for new homes if they are used as follows: a. as a principal home or as a home deemed equivalent to a principal home in accordance with Article 2 paragraph 3; or b. as a home intended as managed tourist accommodation. 2 A home is deemed to be managed tourist accommodation if it is permanently offered for the exclusively short-term use of guests on terms that are customary in the market and in the locality and it: a. is located in the same building as its owner has his or her principal residence; or b. it is not suitable for the personal needs of the owner and is managed as part of an organised accommodation business. 3 The building authority shall impose a restriction on use in accordance with paragraph 1 letter a or paragraph 2 letter a or b in the building permit by means of condition of use. If the building permit for a new home does not contain such a condition and in the
Section 2 New Homes without Restrictions on Use
Art. 8 Homes used in connection with organised accommodation businesses
1 In communes where the proportion of second homes exceeds 20 per cent, organised accommodation businesses may be authorised to construct homes without restrictions on use in accordance with Article 7 paragraph 1 if: a. the business can only be run or continue to be run profitably with the income obtained if such homes are constructed; b. the owner or the operator on request provides proof that the income from the homes will be invested in constructing or running the organised accommodation; c. the main usable area of these homes does not exceed 20 per cent of the entire main usable area of the rooms and homes; d. the homes and the organised accommodation complex form a structural and functional unit, unless the regulations on preserving the appearance of the locality or cultural heritage management require otherwise; and e. there are no other overriding interests to the contrary. 2 For homes in accordance with paragraph 1 that permanently remain the property of the organised accommoda
Art. 9 New homes in protected buildings
1 In communes with a proportion of second homes in excess of 20 per cent, new homes without restrictions on use in accordance with Article 7 paragraph 1 may be authorised within the building zones in protected buildings or buildings that define the appearance of the locality provided: a. the conservation value of the building is not adversely affected, and in particular the outward appearance and basic structure of the building essentially remains unchanged; b. the long-term preservation of the building cannot otherwise be guaranteed; and c. there are no overriding interests to the contrary. 2 Outside the building zones, the permissibility of new homes without restrictions on use as defined in Article 7 paragraph 1 is governed by the spatial planning legislation. 3 Other requirements of federal law and of cantonal law are reserved.