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. 23 Implementing provisions
The Federal Council shall issue the implementing provisions unless the law declares the cantons to be responsible therefor.
Art. 24 Amendment of other legislation
The following acts are amended as follows: …
The amendments may be consulted under AS 2015 5657.
Art. 25 Transitional provisions
1 This Act applies to applications for building permits that are considered at first instance or on appeal after this Act comes into force. 2 If a building permit that was granted and took legal effect before 11 March 2012 requires the execution of the work to be postponed pending a decision relating to quotas, the competent building authority may authorise the work to begin at the latest within two years of this Act coming into force provided the building permit did not specify a period within which the work must start or postponed the start of the work for a period that ends no later than two years after this Act comes into force. 3 If the proportion of second homes in a commune falls to 20 per cent or less, the building authority shall, at the request of the owner, revoke any restriction on use under Article 7 paragraph 1 and instruct the land register to delete the relevant note on the land register folio for the property concerned. 4 Building permits that were granted and took leg
Para. 5 — [AS 2012 4583; 2013 1257, 3549; 2014 3567; 2015 4143]
Art. 26 Project-related special land use plans
1 In communes with a proportion of second homes in excess of 20 per cent, homes that are the subject of a project-related special land use plan that at least to a significant extent involves the construction of second homes may be authorised without any restriction on use under Article 7 paragraph 1 if this plan: a. received approval which took legal effect before 11 March 2012; and b. stipulates the essential elements of the building permit relating to location, layout, size and design of the buildings and installations as well as nature and extent of their use. 2 Amendments to special land use plans in accordance with paragraph 1 are permitted provided there is no increase in the proportion of homes without restriction on use under Article 7 paragraph 1 and in the proportion of main usable areas occupied by such homes.
Art. 27 Preliminary inquiries before 18 December 2007
Irrespective of the requirements of Article 7 paragraph 2 and Articles 8, 9 or 26, a building permit application for a new home may be authorised without restriction on use under Article 7 paragraph 1 if: a. the competent building authority, in response to a sufficiently detailed preliminary request, provided a written answer before 18 December 2007 which: 1. contained the essential elements of the building permit as defined in Article 26 paragraph 1 letter b, 2. confirmed that the project was eligible for authorisation; b. it was not possible to grant the building permit before 11 March 2012 because the owner was prevented from submitting a building permit application on time through no fault of his or her own; and c. the other requirements for granting the building permit are fulfilled.
Art. 28 Referendum and commencement
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement date: 1 January 2016
Para. 2 — FCD of 4 Dec. 2015.