Question juridique clé
Whether the building permit for a secondary residence delivered on 2012-12-20 had to be annulled under Art. 75b and Art. 197 ch. 9 Cst.
Solution extraite
Yes. The permit was issued after 11 March 2012, concerned a secondary residence in a commune above the 20% threshold, and was therefore contrary to Art. 75b Cst.; it had to be annulled.
Motifs extraits
The Federal Supreme Court applied its prior case law: Art. 75b Cst. is directly applicable from 11 March 2012; permits issued before 1 January 2013 are voidable, not void, and the relevant date is the issuance of the permit.