Does the Second Homes Act apply to Elm and Braunwald?

The 3-point orientation

Yes, the Second Homes Act applies to Elm and Braunwald, because both towns are part of the municipality of Glarus Süd. In municipalities with more than 20% second homes, new freely usable second homes may generally no longer be approved. Existing old-law apartments can often continue to be used or sold as holiday homes. New apartments, on the other hand, must usually be approved as a first home, tourist-managed apartment or with other permitted use. Buyers should therefore check the land register, building permit and usage requirements before buying.

The principle: The law applies at municipal level

The Second Homes Act determines which political community a town belongs to. Elm and Braunwald are no longer separate political communities, but part of Glarus Süd. That is why it is not tested separately for each village, but for the entire municipality.

This is important for buyers. Anyone who wants to buy a holiday home in Elm or a holiday apartment in Braunwald must follow the rules for Glarus Süd. If the municipality is above the 20% second home share limit, the restrictions of the Second Homes Act apply.

The result is simply put: Existing properties can often continue to be bought and used, but new freely usable second homes are generally severely restricted. It is always decisive whether it is an existing property, a new building or an apartment with special usage requirements.

Why Elm and Braunwald are particularly affected

Elm and Braunwald are tourist towns. Braunwald is known as a car-free holiday and excursion destination, Elm as an alpine village with winter sports, hiking and excellent landscape quality. It is precisely such places that historically often have an increased proportion of holiday homes and second homes.

The share of second homes is not only generated by large holiday resorts. Individual holiday homes, inherited apartments, weekend houses, chalets or apartments that are not permanently occupied also count. In a small community, this can quickly increase the share.

For the real estate market, this means that demand for holiday use remains there, but the supply of newly approved second homes is limited. This can make existing old law objects particularly valuable.

What does the 20 percent limit mean

The most important limit in the Second Homes Act is 20% of the share of second homes. If a municipality exceeds this threshold, new freely usable second homes may generally no longer be built. This applies in particular to new buildings, reuses and projects that are not intended as a main residence.

However, the law does not mean that nothing is possible anymore. There are exceptions and special cases. For example, first-time homes, tourist-managed apartments, certain separate apartments or special forms of accommodation may be permitted. Existing apartments are also treated differently from new buildings.

It is therefore crucial for buyers not only to look at the advertisement. The specific permit, the land register entry and possible usage requirements determine what is permitted with the apartment.

Old legal apartments: The most important difference

A central concept is old-law apartment. In simple terms, this means apartments that existed or were legally approved before the strict second home rules came into force. Such apartments can often continue to be used as a second home.

This is very important for buyers in Elm or Braunwald. An existing holiday home without a first home requirement can be significantly more flexible than a newly built apartment with restricted use. Depending on the situation, it can be used as a holiday home, sold or rented out.

Still, you should be careful. Not every older apartment is automatically freely usable. The year of construction, permit, land register, usage requirements and previous legal situation are decisive. A written examination before purchase is therefore useful.

New second homes are significantly more difficult

Anyone who wants to build a new one in Elm or Braunwald must check particularly carefully. In a municipality with over 20% second homes, a new freely usable second home is generally no longer easy to approve. This applies even if the property is beautifully situated or is already in a building zone.

New apartments in such municipalities are usually only approved if they are used as primary homes or fall under a legal exception. A first home means that the apartment must be used permanently by residents. This requirement can be saved in the land register.

For buyers and investors, this is a crucial point. A new building project that only works as a holiday home can legally fail. Before buying land or planning a project, the eligibility for a building permit should therefore be clarified.

Touristically managed apartments as an exception

The Second Homes Act provides exceptions for apartments managed by tourists. Such apartments must not simply be blocked privately, but must be available to guests in a qualified form. The aim is to avoid cold beds and to make better use of tourist infrastructure.

In practice, this exception is demanding. It requires a sustainable management concept, clear organization, rentability and often a professional structure. An apartment that is only occasionally offered on a platform does not automatically meet the requirements.

Tourism management can be interesting for places such as Braunwald or Elm because both are used for tourism. However, buyers should not assume that every holiday home automatically falls under this exception. The authority must examine the concrete solution.

What applies when buying an existing holiday home

Anyone who wants to buy an existing holiday home in Elm or a holiday apartment in Braunwald should first clarify whether the apartment can be freely used as a second home. Land register extract, building permit, condominium regulations and any restrictions on use are important.

The question is particularly relevant: Is there a first home requirement? If so, the apartment must not simply be used as a holiday home. Violation of such requirements may have legal consequences and make reselling difficult.

If there is no corresponding restriction and the apartment is under old law, the purchase can usually be much easier. Nevertheless, financing, condition, service charges, renewal funds and management costs remain important.

What applies when buying a house

Similar principles apply to a house in Elm or Braunwald. Depending on the permit and use, an existing house can be considered an old legal object. It may then be possible to use a second home. With new buildings, replacements or major renovations, things become more demanding.

Projects involving the creation of several new holiday apartments from an old house are particularly tricky. Such conversions may be restricted under second home law. Building law issues, townscape protection, natural hazards, development and energy requirements also play a role.

Anyone buying an older house should therefore not only look at the charm and location. The decisive factor is whether the planned use is legally permitted and whether modifications can be approved.

Why the law affects prices

The Second Homes Act strongly influences the real estate market in tourist destinations. If new, freely usable second homes are hardly allowed to be built anymore, existing holiday homes under old law become scarcer. This scarcity can stabilize or raise prices.

At the same time, an apartment with a first home requirement may be less flexible. It appeals to a smaller group of buyers because it cannot be used as a classic holiday home. This can influence market value.

For buyers, this means that two apartments in the same house can have very different values if their usage rights differ. The legal status is therefore a central pricing factor.

What buyers should definitely check

Before buying in Elm or Braunwald, buyers should check several documents. This includes land register extract, building permit, usage requirements, condominium regulations, previous conversion decisions and, if necessary, information from the municipality. In the case of new buildings or conversions, the eligibility for approval should be clarified in writing in advance.

Financing is also important. Banks value properties with usage requirements differently than freely usable holiday homes. A first home requirement, tourist management obligation or restricted use can influence the market value.

Anyone buying from abroad must also check the Lex Koller. The Second Homes Act and Lex Koller are different sets of rules, but they can both be relevant.

Conclusion: Yes, but the specific status is decisive

The answer to the question Does the Second Homes Act apply to Elm and Braunwald? It says yes. Both towns belong to the municipality of Glarus Süd, and the Second Homes Act is relevant there due to the high proportion of second homes. There are therefore severe restrictions on new freely usable second homes.

But that doesn't mean that you can't buy a holiday home in Elm or Braunwald. Existing old-law apartments can often continue to be used and sold as a second home. New apartments, on the other hand, usually require primary home use, tourist management or another legally permitted basis.

For buyers, the most important point is: It is not the location alone that decides, but the legal status of the specific apartment. If you carefully check the land register, building permit and usage requirements, you avoid expensive mistakes.

Glossary on the Second Homes Act in Elm and Braunwald

• Second Homes Act: Federal law that restricts the construction of new second homes in municipalities with a high proportion of second homes.
• Share of second homes: Proportion of apartments in a municipality that are not considered as first homes.
• Old legal apartment: Apartment that legally existed or was approved before strict secondary home rules.
• First home edition: Obligation to permanently use an apartment as a main residence.
• Touristically managed apartment: Apartment that is structured and permanently offered to guests for tourist use.