Question juridique clé
Whether the building permit for a secondary residence granted after 11 March 2012 was valid under Articles 75b and 197 No. 9 Constitution.
Solution extraite
The permit was incompatible with Article 75b Constitution and had to be annulled; the application for the building permit was definitively rejected.
Motifs extraits
The permit was issued after the direct applicability of Article 75b Constitution. In a commune already above the 20% secondary-residence threshold, a permit for a secondary residence cannot stand; permits issued after 11 March 2012 are at least voidable, and after 1 January 2013 null if within the transitional rule.