Thank you for this, irish_temptation, now we are getting somewhere ...
Section 6b states...
Foreigners domiciled in Switzerland who do not hold a C settlement permit (see 7a) may
purchase a dwelling (single-family house or owner-occupied) in their actual place of residence
(main residence, art. 2, para 2, subpara b FL, art. 5 and 18a, para 2 OFL; see the
second-last section of 5a for a definition of actual domicile) without having to obtain authorisation.
The same applies to building land provided construction work on the accommodation
commences within one year. As nationals of EC and EFTA Member States domiciled in
Switzerland are not considered as persons abroad (see 5a), the articles on main residences
do not apply to them. They apply only to nationals of other foreign countries who
are domiciled in Switzerland (in general with a B residence permit, eventually also persons
working for embassies, consulates or international organisations and holding an identification
card from the Swiss Department of Foreign Affairs, or persons with a service certificate
establishing them as an employee of a foreign rail, postal or customs administration
service based in Switzerland). The buyer must occupy the dwelling himself. He cannot rent
it out even in part.
The purchase of a main residence is exempted from the authorisation requirement only if
bought in the buyer’s own name (art. 8 OFL). The living area may be of any size, but only
one residential unit may be acquired. There are no restrictions on the real estate surface
area in itself, but it cannot be so large for the real estate acquisition or even part of it to be
regarded as being purely for investment purposes. This is why the Land Registry does not
usually enter a transaction concerning an area of over 3,000 m2
in the Register immediately
but refers the buyer to the authorisation body. This body must then decide whether the
acquisition can still be considered as exempt from authorisation or whether it cannot be
allowed on the grounds that it is purely for investment purposes.
If the buyer changes his place of domicile, he need not sell the dwelling and can dispose of
it as he sees fit. He may continue to use it as a secondary or holiday residence or rent it to
third parties. He may also purchase another home in his new place of domicile without
having to sell the first one. However, a buyer who had no intention of living in that home
permanently is in violation of the law, especially when he changes his place of domicile for
the sole purpose of being able to purchase several dwellings without requiring authorisation.
In such cases, the appropriate authorities can invoke authorisation requirements
retroactively (art. 25, para 1bis, FL) and can order the reinstatement of the original legal
situation (art. 27 FL).
There is nothing in there stating that the new place of domicile needs to be in Switzerland. This would lead me to believe that in the situation outlined in the original question, a Permit B, non-EU homeowner would indeed have the right to rent out his/her property once he/she has left Switzerland.
That said, there may be cantonal restrictions on this, which is what I am worried about. I have emailed someone in my commune's gov't for clarification as I have found nothing on the cantonal legislation concerning this.