Question juridique clé
Whether the construction permit for a secondary residence had to be annulled under Art. 75b and Art. 197 ch. 9 Cst.
Solution extraite
Yes. The permit was issued after 11 March 2012 in a commune already above the 20% threshold, so it contravened directly applicable constitutional law and had to be annulled; the building application was definitively rejected.
Motifs extraits
The Court followed its 22 May 2013 case law: Art. 75b Cst. is directly applicable from 11 March 2012; permits issued before 1 January 2013 are voidable, and those after that date are null. Since the project was undisputedly a secondary residence in a commune exceeding the threshold, the permit was unlawful.