Questione giuridica chiave
Whether the building permit for a secondary residence issued on 2012-12-20 had to be annulled under Article 75b Cst.
Decisione estratta
The permit was incompatible with Article 75b Cst. and had to be annulled; the building application was definitively rejected.
Motivazione estratta
Article 75b Cst. applies directly to permits issued after its entry into force. In communes already above the 20% threshold, permits for secondary residences issued before 2013-01-01 are annulable and must be set aside.