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Then we emphasize the discrepancy between the rhetoric of elected officials and the reality on the ground with regard to the control of real estate development, a difference that we explain in terms of the configurations of the actors in power in local governance. In the final section we return to the change in the development model imposed by the acceptance of the initiative and to the question of the appropriate spatial scale to implement this change.
Throughout this study, reference will be made to the canton of Valais to illustrate our observations. The work by Coppock Second Homes: Curse or Blessing was one of the earliest to question whether second homes could be considered as having a beneficial or negative impact on host areas. However, these advantages are also accompanied by a series of disadvantages, often only perceptible in the longer term, which for some are increasingly painful. This can be explained mainly by the fact that the great majority of second homes are not put on the tourist accommodation rental market.
In this regard, the following may be underlined:. Difficulties for the local population to access the property market and find housing because of rising prices fuelled by the demand for second homes;. Substantial costs for public authorities arising from the construction and maintenance of public infrastructures wastewater networks, drinking water supplies, waste treatment, etc. A very negative carbon CO2 footprint on account of the resulting individual motorized traffic and holiday apartments and chalets that are heated all winter;.
Fragmentation of the landscape due to the dispersion of second homes encouraged by building zones that are generally too extensive;. With regard to resort development, and particularly the construction of second homes, the federal government has for a long time played but a minor role. Although a federal law on spatial planning has existed since , this only conferred a role of coordination and surveillance on the Confederation, application of any laws being the responsibility of the cantons and the municipalities. The weakness of the spatial planning policy, which did not manage to control urban sprawl, whether in the urban zones or the rural and tourist zones, recently led to its revision, a process that we will present in the following section.
The only responsibility at the federal level which had an impact in recent decades on the increase in the number of second homes is the Federal law on the acquisition of buildings by people living abroad, the first version of which dates back to the s. This legislation limits the possibility for the latter to acquire a holiday home by the introduction of an annual quota authorisations.
However, it does not concern those persons domiciled in Switzerland who make up the major part of second-home owners. For a long time, it was thus essentially at the municipal level that regulatory measures were implemented. Canton du Valais, The federal government also published a guide in for cantons and municipalities that lists a series of measures that could potentially be put in place, or are already in place, at the municipal level ARE, In concrete terms, as map 1 shows, it concerns the great majority of municipalities in the alpine area and virtually all the tourist municipalities.
Its acceptance by a narrow margin Indeed, the provision was not enough to convince the majority of Swiss citizens to reject the initiative.
With the initiative being accepted, the Confederation was then invested with the power to play a strong hand in dealing with the issue of second homes. Map 1. Source: CF, , p. The first took place on March 3, , when Swiss citizens refused a referendum launched against a revision of the Spatial Planning Law adopted by the parliament in June This revision, proposed in an attempt to get a withdrawal of the landscape initiative that aimed to put a year freeze on the area of building zones, introduced different provisions value-added tax, sizing of building zones, densification of built area aimed at remedying the shortcomings of the regulatory measures provided for by the Law of This revision particularly affects the tourist municipalities, which are clearly the types with the largest reserves of building land ARE, Some of them, particularly in Valais, where application of the Spatial Planning Law left the municipalities with considerable room for manoeuvre, thus find themselves today in a situation where they are obliged to reduce the area of their building zones following the acceptance of the Weber initiative.
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Such a reduction raises the question of compensation by the public authorities for owners whose land will be removed from the building zone and consequently lose a large part of its market value. The text of the initiative left room for speculation on the possibility of obtaining a building permit for second homes between the date of the vote and the end of the calendar year.
An avalanche of requests for building permits was thus registered in certain tourist municipalities between March 12 and December 31, , with many landowners seeking to capitalise on their plots in the building zone, even if they did not have any immediate buyer for a second home. Since a building permit can be valid for up to five years, building firms were thus hoping to have a reserve of work for the next few years. The hopes of these landowners and building firms, however, were dashed by the decision of the Federal Supreme Court on May 22, ruling that the initiative was to be considered as entering into force on the day of its acceptance by the Swiss electorate.
The draft of the federal legislation on second homes, issued by the Federal Council for consultation on June 26, , provides for a certain degree of flexibility in the implementation of the initiative. It authorises the construction of individual second homes, for example, apartments within a block, on condition that the owners contractually undertake to rent their property to visitors through a professional agency. Owners may also use the property themselves but not for more than three weeks in the peak season.
It also proposes to allow, under certain conditions, the transformation of old buildings worthy of protection into second homes, rather than letting them become derelict. At the time of writing January , it is not yet known how the parliament will deal with this draft legislation, but its reception by the tourist cantons concerned appears positive on account of the margins for manoeuvre allowed for in the proposed implementation procedures.
On the other hand, the ecologist Franz Weber has manifested his opposition to the draft and is already threatening to launch a referendum if its contents are not modified. Here, it would be expedient to underline another characteristic of the Swiss political system, that is, the absence of a constitutional court responsible for checking that the laws adopted by parliament comply with the Constitution.
The parliament thus has a certain flexibility in the manner in which it intends to put into practice at the legislative level article 75a of the Constitution. One may add that this initiative was also probably accepted because a section of the Swiss electorate saw a contradiction between the discourse of political and tourism representatives, who assured the public that they were in control of the boom in second homes, and reality on the ground, where building of the latter continued at a steady rate.
Indeed, despite the fact that the problems relating to an excessive number of second homes had been known for several decades, there had been few restrictive measures introduced by the public authorities. It was not that the latter denied that these problems existed, but rather that there was a discrepancy between the official discourse of political authorities and the reality on the ground.
We also knew that construction dependent on tourism accounts for a large part of labour. From the mids, it was the notion of sustainable development that became accepted as the benchmark for tourism policy. Benefiting from the impetus resulting from the candidature of Sion for the organisation of the Winter Olympics of , the Grand Council parliament of Valais adopted a Charter for Sustainable Development in In reality, however, the elected officials of the cantons and municipalities were not in favour of putting a brake on the construction of second homes, which in the short term provided jobs and revenues for local authorities.
Only a few resorts adopted measures in this respect, such as the introduction of an annual quota for example, authorisation for an area of m 2 per year in second homes in Zermatt, m 2 in Crans-Montana. However, most municipalities have declined to introduce such measures. There is thus a significant difference between the rhetoric of political representatives, who recognise the need to slow down the boom in second homes, and the reality in the resorts where, apart from a few exceptions, the construction of second homes has continued unabated.
This autonomy means that the adoption, or not, of measures aimed at limiting the spread of second homes depends on the balance of power between different actors participating in political decision-making at the local level.