Does the primary residence requirement under the Second Homes Act apply to all properties in Valais?

The 3-point orientation

No, the primary residence requirement under the Second Homes Act does not apply to all properties in the Canton of Valais. It primarily concerns new apartments in municipalities with a second home share of over 20% if they have only been approved as a first home. Existing apartments under old law or already permitted second homes can often continue to be used, sold or inherited as holiday homes. The specific usage status of the property is always decisive.

The principle: Not every property is automatically a first home

A common misconception is that all properties in holiday resorts in Valais can only be used as a first home. That is not true. The Second Homes Act primarily limits the construction of new second homes in municipalities where the proportion of second homes exceeds 20%. However, it does not automatically make every existing property a first home.

For buyers and owners, the specific status is therefore decisive. An apartment can be considered a first home, a second home, an old-law apartment, a tourist apartment or an object with special use restrictions. This classification determines whether the property must be occupied as a main residence or may be freely used as a holiday home.

In Valais, this distinction is particularly important because many municipalities are touristic. In places such as Zermatt, Verbier, Crans-Montana or Saas-Fee, demand for holiday apartments is high, while new second homes are severely restricted.

When there is a primary residence requirement

There is a primary residence requirement in particular when an apartment in a municipality with more than 20% of secondary homes is newly approved and does not fall under a legal exception. Such apartments may then in principle only be used by people who have their main residence in the municipality.

This applies to many new buildings in Valais holiday communities. Anyone buying a newer apartment should therefore check particularly carefully whether there is a first home requirement in the land register, the building permit or the purchase contract. Such an edition can have a significant impact on value, use and resale.

An apartment with a primary residence requirement is not suitable for traditional holiday use. However, it can be of interest to people who actually want to move to Valais, work there, relocate their place of life or want to live there permanently in old age.

Old legal apartments: Important exception

Old law apartments are particularly important. These are apartments that legally existed or were approved before the relevant second home rules. Under certain conditions, such properties can continue to be freely used, including as a second home or holiday home.

This is central to the Valais market. In communities with high holiday demand, old-law apartments are often particularly valuable because new freely usable second homes can hardly be built anymore. The market for existing holiday homes therefore remains active.

However, buyers should never accept the status based on a verbal statement alone. Written evidence is important: building permit, land register extract, municipality confirmation, previous use, condominium regulations and sales contract clauses. Especially for older objects, the exact status can be decisive.

Municipalities below and above the 20% limit

The Second Homes Act differs greatly from municipality to municipality. In municipalities with a second home share of less than 20%, there are generally less restrictions on new second homes. There are not automatically the same federal restrictions there as in traditional holiday communities across the threshold.

In municipalities with more than 20% second homes, on the other hand, the following applies: In principle, new freely usable second homes may no longer be approved. New apartments are then often only approved with a first home requirement or must fall under a special model, for example as a tourist-managed apartment.

For the canton of Valais, this means that it is not the canton as a whole that decides, but the individual municipality. Sion, Visp, Brig and Martigny follow different market logics than Zermatt, Verbier or Crans-Montana. The specific property status can also differ within a municipality.

Touristically managed apartments as a special case

Not every new apartment in a municipality above 20% necessarily has to be a classic first home. The law has exceptions, in particular apartments managed by tourists. However, these may not be freely used as private holiday apartments.

Such apartments are usually integrated into a rental or operating concept. Owners can often only use them themselves to a limited extent and must have them professionally managed. This can be of interest to buyers if renting is expressly desired. On the other hand, it is often less flexible for pure personal use.

Before buying a tourist-managed unit, you should carefully check the operating contract, personal use, costs, return, occupancy, administration and resale. Such an apartment is legally different from a freely usable holiday home.

Why usage status influences price

The usage status of a property is a real price factor in Valais. A freely usable holiday apartment in a popular location can be worth more than a comparable apartment with a first home requirement. The reason lies in demand: Second homes also appeal to buyers from other cantons or from abroad, provided that further approval issues have been met.

An apartment with a first home requirement, on the other hand, is aimed at people who actually live locally. This can reduce buyers and influence the price. This can be positive for local households because such properties are more likely to serve the primary home market.

For sellers, transparency is crucial. Buyers should distrust unclear wording. Terms such as “holiday home”, “second home”, “first home” or “old law” should not only be included in the advertisement, but should also be legally verifiable.

What buyers should check before buying

Anyone wishing to buy a property in Valais should clarify the usage status before making a reservation payment. Municipal quota, building permit, land register, usage entry, condominium regulations, previous use and any requirements are important.

Care should be taken, particularly when it comes to new buildings, replacement new buildings, conversions and apartments in tourist communities. An apartment can look attractive, but can only be legally used as a first home. If you want to use it as a holiday home later on, you would have a problem.

Foreign buyers must also check whether the Lex Koller applies. This issue is separate from the Second Homes Act. Although an apartment may be permitted as a second home, it may still require a permit or be unable to be purchased by a person abroad.

What owners should consider

Existing owners should also know the status of their property. Anyone who wants to sell, convert, expand or re-rent an apartment must know what use is permitted. In the case of apartments under old law in particular, conversions and replacement new buildings can trigger legal issues.

Since the recent amendments to the Second Homes Act, there have been additional options for apartments under old law, for example during renovation or reconstruction. However, owners should not simply assume that every change is freely possible.

Before major construction measures, it is advisable to check with the municipality or the competent licensing authority. This is particularly true in tourist communities with a high proportion of second homes.

Common misconceptions

A common mistake is the assumption that all holiday properties in Valais automatically fall under a primary residence requirement. That is wrong. Many existing holiday apartments can still be used as second homes.

A second misconception is that any new apartment in a holiday resort can be bought as a holiday home. Especially in municipalities over 20%, this is often not the case. New apartments often have a first home requirement or special terms of use.

A third misconception concerns the term “apartment.” The decisive factor is not only whether an object is structurally an apartment, but also which use has been legally approved. The legal status is more important than the name in the advertisement.

Conclusion: The initial residence requirement does not apply in Valais as a general rule

The answer to the question Does the primary residence requirement under the Second Homes Act apply to all properties in Valais? It says: No. It does not automatically apply to all properties in the canton of Valais. The municipality, share of second home, year of construction, building permit and specific usage requirements are decisive.

In municipalities with more than 20% second homes, new freely usable second homes may generally no longer be approved. Such new buildings are often approved as first homes. Existing apartments under old law or already permitted second homes, on the other hand, can often continue to be freely used.

For buyers, sellers and owners, the written verification of the usage status is therefore crucial. Anyone who only relies on advertisement texts or oral statements risks expensive wrong decisions. In Valais, not every property is a first home, but every property needs a clear legal classification.

Glossary on compulsory primary residence in Valais

Primary residence requirement: Obligation to use an apartment as a main residence and not just as a holiday home.

Second Homes Act: Federal law that severely restricts new second homes in municipalities with a share of more than 20% second homes.

Old legal apartment: Apartment that legally existed or was approved before today's second home rules.

Usage requirement: Legal restriction that determines how a property may be used.

Touristically managed apartment: Apartment with a special rental or operating concept, which is not freely used as a private holiday apartment.