Question juridique clé
Whether the permit for a second home issued after 11 March 2012 was contrary to Art. 75b and Art. 197 ch. 9 Cst.
Solution extraite
Yes. Because the permit was issued after the entry into force of Art. 75b Cst. and the commune already exceeded the 20% limit, the permit had to be annulled and the application rejected.
Motifs extraits
The Court applies its 22 May 2013 case law: Art. 75b Cst. is directly applicable from 11 March 2012; permits issued after that date are subject to it, and before 1 January 2013 unlawful permits are annulable rather than void.