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.
Art. 15 Supervisory authority
Each canton shall appoint an authority to supervise the implementation of this Act.
Art. 16 Duties to notify
1 The authority responsible for the residents’ register office in a commune with a proportion of second homes in excess of 20 per cent shall notify the building authority of persons who: a. move home within the commune; b. move out of the commune; or c. relocate permanently to another commune. 2 The land registry shall notify the building authority of the recording in the land register of any transfer of ownership of property located in a commune with a proportion of second homes in excess of 20 per cent in respect of which a restriction on use has been noted in accordance with Article 7 paragraph 1. The cantons shall regulate the notification procedure. 3 The information required from the residents’ register offices and the land register in order to implement Articles 4 and 7 may be recorded in the Federal Register of Buildings and Dwellings. The information shall be recorded by the authority competent for updating this register.
Art. 17 Official measures in the case of unlawful use
1 If a home with a restriction on use under Article 7 paragraph 1 is not used in accordance with the law, the competent authority shall set a deadline for the owner to restore the lawful position under notice of substitute performance and the penalty under Article 292 of the Criminal Code in the event of failure to do so. The authority may extend the deadline at the request of the owner in justified cases. 2 If the owner fails to restore the lawful position within the relevant deadline, the competent authority shall prohibit the use of the home and order it to be sealed. 3 The competent authority shall take the measures required to restore the lawful position. In particular, it may rent out the home subject to compliance with the restriction on use under Article 7 paragraph 1. 4 If members of the competent building authorities or their employees become aware of offences in the course of their official activities, they are required to report the same immediately to the supervisory autho
Para. 1 — SR 311.0
Art. 18 Official measures in the event of unlawful use
1 The competent authority shall have all the rights and obligations that it requires to restore lawful use on behalf of the owner. 2 It may instruct third parties to carry out the required measures. 3 The rental income in accordance with Article 17 paragraph 3 shall be paid to the owner under deduction of the administrative costs incurred by the competent authority and any third parties instructed.
Art. 19 Review of impact and proposed measures
1 The Federal Office for Spatial Development, working with the State Secretariat for Economic Affairs, shall regularly review the impact of this Act. It shall in particular review its impact on tourism and the economy in the regions concerned. 2 The relevant departments shall report to the Federal Council periodically. If required, the reports shall also propose further measures, particularly in relation to location promotion. The first reports shall be filed four years after this Act comes into force.
Art. 20 Jurisdiction, procedure and rights of appeal
1 The assessment of applications for building permits and notification of decisions on building permits shall be governed exclusively by the relevant cantonal provisions. Article 112 paragraph 4 of the Federal Supreme Court Act of 17 June 2005 is reserved. 2 In addition and subject to the provisions of this Act, jurisdiction, procedures and rights of appeal are governed by the Spatial Planning Act of 22 June 1979 and the related cantonal implementing provisions.
Para. 1 — SR 173.110 Para. 2 — SR 700