Question juridique clé
Whether Art. 75b Cst. applies to the building permit issued on 2012-12-20
Solution extraite
Yes. A permit for a second home issued after 2012-03-11 is subject to Art. 75b Cst.; permits issued after 2012-01-01 are void, while those between 2012-03-11 and 2012-12-31 are at least annulable.
Motifs extraits
The Court relied on its prior leading cases and held that the decisive date is the issuance of the permit, not the filing date of the application. The transitional provision and the purpose of the constitutional amendment require direct application.