Second Homes Ordinance (SHO) (SHO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 3 Note in the land register
1 The condition of use that must be noted in the land register in respect of homes with restriction on use in accordance with Act is worded as follows: a. principal home or home deemed equivalent to a principal home in accordance with Article 7 paragraph 1 letter a of the Act; b. home managed as tourist accommodation in accordance with Article 7 paragraph 2 letter a of the Act; or c. home managed as tourist accommodation in accordance with Article 7 paragraph 2 letter b of the Act (home forming part of an organised accommodation complex). 2 The note in the land register further includes the building and dwelling identifier for the home concerned in accordance with Article 8 paragraphs 2 letter a and Article 3 letter a of the Ordinance of 9 June 2017 on the Federal Register of Buildings and Dwellings. 3 The commune may record the restriction on use in the RBD.
Para. 2 — SR 431.841 Para. 2 — Amended by Annex 2 No II 4 of the O of 9 June 2017 on the Federal Register of Buildings and Dwellings, in force since 1 July 2017 (AS 2017 3459).
Art. 4 Organised accommodation complex
An organised accommodation complex in terms of the Act exists if the following requirements are fulfilled: a. The complex provides hotel-type services and facilities that are used by the majority of guests. b. It is organised according to a business plan similar to that of a hotel. c. It is managed as a single uniform operation.
Art. 5 Expert report
1 The applicant is responsible for commissioning the expert report in accordance with Article 8 paragraph 5 of the Act. The expert’s appointment requires the consent of the building authority. 2 In the cases set out in Article 8 paragraph 1, the expert report must provide an opinion on the following matters in particular: a. the present and future profitability of the complex or complexes; b. cross-financing and the use of income. 3 In the cases set out in Article 8 paragraph 4, the expert report must provide an opinion on the following matters in particular: a. the present and future profitability of the complex; b. how long the complex has been managed as such; and c. the issue of whether the fact that the accommodation complex concerned can no longer be run profitably is due to any failure on the part of the owner or operator.
Art. 6 Buildings that define the appearance of the locality
1 Buildings that define the appearance of the locality in terms of Article 9 paragraph 1 of the Act are buildings which, through their location and appearance, make an essential contribution to the identity of the locality and to making it worthy of preservation. 2 The cantons shall organise a procedure for identifying buildings that define the appearance of a locality.
