Question juridique clé
Whether art. 75b and art. 197 ch. 9 Cst. apply to a building permit issued after 11 March 2012.
Solution extraite
Yes. A permit granted after 11 March 2012 is subject to the constitutional second-residence rules; if issued before 1 January 2013 it is voidable, and after that date it is null.
Motifs extraits
The Court follows its leading cases: the constitutional provisions are directly applicable, the determining date is the issuance of the permit, and the sanction depends on whether the permit was granted before or after 1 January 2013.