Commentaries: Art. 8

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:
1. the business can only be run or continue to be run profitably with the income obtained if such homes are constructed;
2. 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;
3. the main usable area of these homes does not exceed 20 per cent of the entire main usable area of the rooms and homes;
4. 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
5. there are no other overriding interests to the contrary.
For homes in accordance with paragraph 1 that permanently remain the property of the organised accommodation business and are rented out by the same, the total main usable area in accordance with paragraph 1 letter c may amount to a maximum of 33 per cent. A related restriction on alienation must be noted in the land register. Article 7 paragraphs 4 and 5 apply by analogy.
If the business constructs homes in accordance with both paragraph 1 and paragraph 2, the maximum percentage of 33 per cent shall be reduced by the value obtained by dividing the area of the homes in accordance with paragraph 1 by the sum of the area of the homes in accordance with paragraphs 1 and 2 and multiplying the result by 13 per cent.
In an organised accommodation complex that already existed on 11 March 2012, a maximum of 50 per cent of the main usable area may be converted for use as homes without restriction on use under Article 7 paragraph 1 provided: a the business has been run as such for at least 25 years;
1. it can no longer be run profitably and cannot be converted for use as homes intended as managed tourist accommodation;
2. the fact that the accommodation business concerned can no longer be run profitably is not due to any failure on the part of the owner or operator; and
3. there are no overriding interests to the contrary.
An independent expert report must be provided as proof that the requirements in paragraphs 1 or 4 have been met. The Federal Council shall regulate the details.