Translation
of the new regulations concerning foreigners purchasing property I n Valais
Switzerland. That came into force November 23 2007
Background
Implementation of the Lex Koller in Valais Masters & Development
Second homes
Background and context
The problem of controlling the development of second homes is not new
in Valais. It is even a recurring problem for years. In 1992 already,
the State Council made a decision requiring particular to pursue a
policy of regional planning oriented decentralization concentrated
urbanization, to ensure an appropriate allocation between areas of
permanent settlements and tourism, improve the share of hotel beds and
harmonize tourism infrastructure and leisure with one hand, the data
natural, urbanization, equipment and, on the other hand, the desired
development.
Throughout the document "Tourism policy of the canton of Valais,
prepared in 2003, the State Council, in collaboration with the umbrella
organization of tourism Valais Tourism has made its commitment to move
the Valais Tourism in compliance with the requirements of Sustainable
Development. It was stated in the objectives including a master's in
the number of second homes and the types of accommodation that have a
significant impact on land use and landscape and generating a low added
value.
On December 19, 2006, the State Council has decreed a brake limited in
time stipulated acts sales of second homes to foreigners in seven
tourist Valais, namely Bagnes, Grimentz, Hérémence, Nendaz,
Riddes, Val
- Illiez and Veysonnaz.
Various reasons have dictated the decision to implementation of such a
measure, but the first of these is certainly a concern for the respect
of the legal framework.
The canton of Valais is, in this regard, subject to federal law,
specifically the Federal Act on the acquisition of real estate by
persons abroad, or Lex Koller. We have just learned that the proposed
repeal of this law has been postponed to an unknown date.
The Lex Koller allocates an annual quota for different Swiss cantons,
corresponding to the number of bills of sale that they are allowed to
issue to nationals abroad during the year. The Valais has 330 units,
the unused quota by a district can be used by another, it is possible
to count on a maximum of 165 additional units.
The current situation
Specifically, the purchaser of a property, which has paid him, does not
have legal title to the signing of the deed of sale, but only when he
entered in the land register. The interval between these two acts is
directly influenced by the quota available. During this period, if the
seller of the property, legally still owns it, had to go bankrupt, its
assets would be seized in the estate in bankruptcy. The potential
damage to the buyer is therefore obvious, and it is not acceptable.
Upon entry into force of the brake on the stipulation, the State
Council made its decision on the basis of the situation in the November
20, 2006, after the last meeting of the Commission for the acquisition
of real estate by persons abroad for the allocation of the balance of
the quota 2006. The State Council has set limits to allow the
Commission to define the new guidelines come into force from 1 January
2007 and valid until December 31, 2007.
Recall that when the measure was subject to an appeal, the Federal
Court found for the Council of State.
The decision of the Valais government, however, was not motivated by
the sole legal concern. The Valais is a very tourist district. And its
attractiveness, in these terms, certainly holds much to the excellence
and uniqueness of the landscape in which he is held. It is the capital
base, the raw material of our tourism. Sustaining the development of
our tourism economy implies preserve this heritage.
As a reminder, the situation in the November 16, 2007 is summarized as
follows:
There are now 1290 requests pending (1121 end 2006).
The waiting period in certain municipalities up to 9 years!
In several municipalities, acts outstanding already a waiting list in
excess of the limit of 3 years determined by the extent brake on the
stipulation laid down for 2007.
The effects of this brake and the measures being undertaken
Since late last year, several steps have been taken, either from the
point of view of the canton, or from the viewpoint of Commons, or not
affected by this measure.
From the point of view of the canton, or the Department of Economy and
territory, the following actions have been undertaken:
- Numerous meetings held with the municipalities affected by this
provision
- Creation of a support group Commons. Thanks to this measure, many
municipalities have already instituted reserved areas in order to limit
the development of second homes
- The State Council decided to change product D / 1 under the
management of the master plan
- Interventions to Mr Christoph Blocher Federal Counsel for the
recognition of the liability of non-residential projects of tourism in
the Lex Koller
- Acceptance by the Berne increase request (joint initiative with the
canton of Vaud) units of ordinary contingent.
In addition, the following have taken steps:
• Saas Fee, Zermatt, Val, the municipalities of the High Plateau
(master development of second homes)
• Vex, Ayent, Bellwald, Leukerbad, Riddes, Troistorrents, and Vionnaz
Hérémence (restricted zone)
The objectives
Faced with this situation, the State Council has set valaisan clear
objectives, namely:
• render impossible the increase in the waiting list of acts
outstanding authorization for the sale of holiday homes to foreigners,
and thus prevent further acts stipulation without prior allocation of
a
unit of quota
• give priority to projects that create beds merchants
• prioritize projects done in communities that have taken steps
to
manage the development of second homes, in accordance with the purposes
of the law on land use.
Mandated by the State Council, the Department of Economy and territory,
has just proposed to include new provisions implementing the Lex Koller
in Valais. According to the wish of the State Council, these measures
come into effect as of November 23, 2007.
The principles following award of 330 units regular contingent have
been adopted:
Creating a quota for projects of interest cantonal (like tourism
houses, vacation homes in a new hotel complex, housing timeshare),
which is awarded half of the units available.
The other half of the available quota is allocated to the regions. A
60% of this total will be spent on new construction, the rest will go
towards the reduction of acts pending.
This allows:
• Improve the bed occupancy rate
• Create a reasonable relationship between old and new housing
• Achieve a balance between domestic and foreign owners
• Ensure compliance with land use planning
The allocation system has also undergone major changes:
• Applicants must submit their application together with a statement
of
intent with the Department of Records Fonciers and Geomatics,
• A guarantee to award unit must then be issued,
• The deed of sale subject to the quota can be provided without
first
obtaining the guarantee,
• The cantonal interest projects are subject to prior review under
the
quota,
• The time of possession (dealers) is set at 10 years throughout
Canton,
• The total use of the quota allocated to the district will be
provided.
The Consequences
1. Ensuring the survival of businesses, by the sprawl of work in the
field of construction.
2. Establishing a stable and transparent policy in the area of sales to
foreigners.
3. Clear Signal regions to the establishment of a system that allows
municipalities little affected by the sale to foreigners to enjoy some
units contingent.
4. Clear Signal to the place of the federal government in the desire to
control the implementation of the Lex Koller.
5. Creating a certainty.
6. Coherence with the tourism policy of the canton of Valais.
7. Continuing a spatial planning policy, which was agreed on October 2
1992, aimed at decentralizing concentrated urbanization ensuring an
appropriate allocation between tourist areas and habitat.
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