It should soon be possible to demolish and extend old homes as second homes. But the two sides are as irreconcilable as ever.

It was a decision that traumatised an entire canton in 2012. Twelve years ago, the initiative to limit second homes to 20% was adopted, much to the dismay of the Alpine regions, Valais in particular.

The resulting law, known as the Lex Weber, was not adopted until 2016, and now there is talk of amending it. After the National Council last autumn, the relevant committee of the Council of States has just given clear backing to this relaxation, the final adoption of which is no longer a mystery.The devil is always in the detail, so let's go back to the origins. In June 2020, Martin Candinas, an elected member of the Centre Party in Graubünden, tabled what he described as ‘a small amendment’ to the Lex Weber.

A ‘slight relaxation’, he said, to make it easier for owners of old homes to bring them up to date and finance them.

Encouraging renovation

We'd like to explain. In the municipalities concerned, the Lex Weber makes it possible to extend a dwelling built before 2012 by 30% of its usable floor area. At the same time, it authorises the demolition and reconstruction of a dwelling built before 2012, but only with the same floor area. However, the two modifications cannot be combined.
In addition, no new dwelling could be created in the spaces created by this extension. Martin Candinas wanted to make all these provisions more flexible. In simple terms, this would allow owners to demolish and refurbish their old homes, financing them, for example, with a new studio apartment occupying the extra space - which would be sold as a second home. In short, the basic idea is to save heritage.

Towards higher prices?

However, it very quickly became apparent that the scope of the problem was far greater, and above all that it opened the door to a veritable business. Reports from the Federal Administration show that almost half a million properties are affected, most of them in tourist hotspots such as Verbier (VS), Crans-Montana (VS), Zermatt (VS), Saint-Moritz (GR), Davos (GR) and Gstaad (BE). Often located in the heart of the resorts and historically occupied by locals, these properties can be luxuriously extended and resold as second homes.

"Locals are already finding it extremely difficult to find accommodation in these resorts, and this will only exacerbate the problem.

Christophe Clivaz, National Councillor (Les Verts/VS)
‘Local people are already finding it extremely difficult to find accommodation in these resorts, and this is only going to exacerbate the problem. We're going to see a flood of investors buying up these homes, and speculation will make them even more unaffordable,’ worries National Councillor Christophe Clivaz (Les Verts/VS). In the long term, the risk is that these resorts will become lifeless villages outside the peak visitor periods.

5,000 homes already resold

In a report published in the spring of 2023, the Federal Administration estimates that up to 5,000 former homes have been resold as second homes, generating lucrative profits in the process. This is similar to the story we told you of the wealthy Italian living in Verbier who sold his old flat in the centre of the resort as a holiday home in order to buy a main residence on the outskirts, adding CHF 4 million to his bank account in the process.

All the restrictive proposals made by Christophe Clivaz, who is also a professor of tourism policy at Lausanne University, were swept aside. Even the Federal Council tried to put the brakes on the reform by warning that the creation of new second homes in extended accommodation would be unconstitutional, but to no avail.

‘From the outset, it was clear on the part of the initiators that what had been built before the initiative would not be affected’.

Beat Rieder, member of the Council of States (Le Centre/VS)

Beat Rieder (Le Centre/VS), Chairman of the Spatial Planning Committee of the Council of States, is happy with the situation. ‘From the outset, it was clear from the initiators that what had been built before the initiative would not be affected. But we've seen the opposite happen, with unacceptable restrictions, and it's time to rectify the situation.’

The law at the root of the problem?

As for the risk of resorts being emptied of their inhabitants, he points out that it is up to federalism to play its part. ‘The communes can take measures to avoid this,’ adds Beat Rieder. Historically, Zermatt tried to do this long before the Lex Weber, but it was the only resort to do so in the face of an overheated market. ‘By trying to resolve these issues with a federal law, we have created an absurd situation that has only led to exorbitant price rises. This law will not solve a single problem’, he asserts.
This position differs from that of the Federal Council, which, in two successive reports in 2021 and 2023, considers that the Lex Weber has not had any negative effects that would require it to be revised. For Vera Weber, President of the Franz Weber Foundation, which is behind the initiative, it is ‘Parliament that is preparing to exacerbate a catastrophic situation that it itself has created by authorising new second homes’.
In a sign of irreconcilable visions, the Valais government, in its position paper on the amendment to the law, calls for ‘a general revision that is urgently needed’. For Vera Weber, this demonstrates ‘a desire to open a Pandora's box that calls for the utmost caution’. And she condemns those same cantons which, despite being obliged by law to take measures to curb the undesirable effects of this resale business, are ‘standing idly by and pointing the finger at the initiators’.

Source: Le Matin Dimanche newspaper (21.01.2024)

Text: Julien Wicki

Image: Chantal Dervey

About Cerise Immobilier gérance et courtage, estate agency in Villars-sur-Ollon

Cerise Immobilier gérance et courtage is a real estate agency located in Villars-sur-Ollon in the canton of Vaud in Switzerland. It offers services in sales, purchases, rentals, PPE management, property valuations and tax and legal advice. We cover the Chablais region of Vaud, in particular the communes of Ollon, Gryon, Bex, Aigle, Les Diablerêts, Chessel, Leysin, Lavey, Noville, Roche, Yvorne and Villeuneuve.

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