Question juridique clé
Whether the building permit was compatible with the constitutional ban on second homes.
Solution extraite
The permit violated Art. 75b BV in conjunction with Art. 197 No. 9 para. 2 BV because it allowed second-home use in a municipality whose second-home share exceeded 20%.
Motifs extraits
Art. 75b BV was directly applicable from 11 March 2012; permits for second homes in affected municipalities issued between 11 March and 31 December 2012 must be annulled. The permit contained no use restriction and therefore allowed a prohibited second-home use.