Restrictions on purchasing holiday apartments

We are interested in purchasing a holiday apartment in Engadin, but have heard conflicting reports on “second home” restrictions.

Our neighbours (c-permit holders) who own a holiday apartment, claim that only designated “second home” properties can be bought/sold for this purpose. However, I am a Swiss citizen, my wife is on a C-permit, and internet searches don’t seem to be clear what restrictions apply in our case.

Has anyone recently had experience buying a holiday apartment? If so, what is the best search engine for it that can filter on this subject?

Second homes are capped at 20% of all homes per law. If you buy a place that has been used as a 2nd home before - no issue. If you buy one that was not and you state you intend to use this as a second home - municipality has to approve (which they could only do in exceptional cases). This is independent of your citizenship.

But no, I have no specific knowledge. I would check with a local agency in the area you like. When using the usual search engines, check for indications of previous use. I am sure sellers will mention existing use as 2nd home as it will drive prices up.

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Thanks. I do see they are considering “relaxing” some of these restrictions but of course like an such legislation in Switzerland, I won’t hold my breath.

We looked into the same “opportunity” a couple of years ago - We learnt the hard way that in Graubunden it depends massively on the Gemeinde where the house/flat is located.

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By the way. Dies anybody know the regs over if you wish to buy a Holiday Home and live There permanently?

Then it is not a holiday home and normal immigration rules apply.

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I am asking out of curiosity because DE makes a difference between a holiday home and a weekend home.
I was thinking about buying one for a reasonable price only to find out that you can’t actually live in it.

In Switzerland, there’s a regulation that max 20% of housing units can be registered as secondary residences AKA vacation homes, or place to live during the week close to the job.

The motivation is to prevent zombie communities because secondary residences imply a housing unit is occupied but no municipal and cantonal taxes are paid. So, how to fix the roads or sustain the local school if the “inhabitants” of the town don’t pay taxes there? If at least 80% of people pays taxes locally, there’s a way to make things work.

There are no “second home” restrictions, just some designated properties in a Town can OLNY be used as primary residences.

This only affects towns with more than 20% actual second home properties (maps are available), and is for new builts. Such properties are priced lower that properties without the restrictions (ie build before the law came in). The limitation is permanent (ie, if you want to sell, the same restriction remains). Swiss or not, all are impacted equally.

Usually, the ads will say something like “available as second home and for sale to foreigners”.

I’ve seen some of these in Switzerland, places that are designated not for residence. I’m not sure where the restriction comes in, whether by law of the government or a restriction of the landlord.

Unfortunately, this page, explaining the law, is not available in English

Here’s some info in (excruciating) English, but you’ll get the picture

https://properti.com/ch/en/insights/sell/secondary-residence-in-switzerland-what-do-i-need-to-bear-in-mind/

Raises an interesting question:
When we bought our house here it was classed as a secondary residence, which came to light when we were able to get a better mortgage rate once we’d specified it was our principal residence. We’re registered/resident in this commune, so they clearly know that it’s currently being so used, but does that mean it’s lost its secondary home status? I.e. when I come to sell, will it still be available to foreigners as it was before we bought it?

Interesting question. Ask the Gemeinde?

CBA, will so so as and when I come to sell. No point in rattling their cage, in case it prompts them to change its status if they haven’t already done so. I’m assuming it may have some effect on its sale value.

Of course. There is no such thing as secondary home status. If the home was build after the new law in an affected Gemeinde, the restriction “can only be used as a primary residence” will be written in the contract and the Cantonal Registry of Properties (“Book”), from the moment it is built onwards. So for you, you won’t have any restrictions (even, in some cases, if you expand the property to the neighbor’s, which brings some interesting opportunities if the neighboring plot is unbuilt)