Advisory Guide
Switzerland regulates second homes through two distinct legal frameworks: Lex Koller, which governs who may acquire them, and the Weber Act (Lex Weber), which limits how many may exist in any given commune.
Advisory disclaimer: This page provides general information only and does not constitute legal advice. Always obtain independent legal advice from a qualified Swiss notary or lawyer before proceeding.
Foreign buyers considering a second home in Switzerland must navigate two distinct and independent legal frameworks, both of which apply simultaneously:
Lex Koller
Who may acquire
Governs whether a foreign national may acquire the property at all. Restricts non-resident foreign nationals to holiday homes in designated tourist zones, subject to authorisation and quotas.
Weber Act (Lex Weber)
How many may exist
Governs the total proportion of second homes in any commune. Limits second homes to 20% of total housing stock. Applies to all buyers — Swiss and foreign alike.
In Swiss legal and administrative practice, the terms "holiday home" (Ferienwohnung / résidence de vacances) and "second residence" (Zweitwohnung / résidence secondaire) are sometimes used interchangeably, but they carry distinct meanings in different legal contexts:
Holiday home (Lex Koller context)
Under Lex Koller, a "holiday home" is a property in a designated tourist zone used exclusively for holiday and leisure purposes by the owner. This is the category under which non-resident foreign nationals may obtain authorisation. The property must not be used as a primary residence and must not be let commercially without restriction.
Second home (Weber Act context)
Under the Weber Act, a "second home" (Zweitwohnung) is any residential property that is not the owner's primary residence (Erstwohnung). This includes holiday homes, investment properties and any other residential property that is not the owner's registered principal place of residence. The 20% cap applies to all second homes in this broader sense.
In practice, a holiday home acquired by a non-resident foreign national under Lex Koller is also a second home for the purposes of the Weber Act. Both frameworks apply simultaneously.
The Weber Act — formally the Federal Act on Second Homes (Bundesgesetz über Zweitwohnungen, ZWG) — was adopted by popular initiative in March 2012 and entered into force on 1 January 2013. It limits the proportion of second homes in any Swiss commune to 20% of total housing stock.
Communes above 20%
Communes where second homes already exceed 20% of total housing stock may not permit new second home construction. This affects many popular Alpine resort communes where second home ownership has historically been high.
New construction restrictions
In communes above the 20% threshold, new residential construction must be designated as primary residences (Erstwohnungen) or tourist accommodation (Touristenwohnungen). New second homes cannot be built.
Existing properties
Existing second homes that were built before the Weber Act came into force may continue to be used as second homes and may be sold. The restriction applies to new construction, not to existing stock.
Tourist accommodation
A specific category of "tourist accommodation" (Touristenwohnung) was created by the Weber Act. These units must be made available for short-term rental when not in use by the owner. This category allows some new construction in affected communes.
For a non-resident foreign national seeking to acquire a holiday home in Switzerland, the combined effect of Lex Koller and the Weber Act means:
This combination of restrictions significantly limits the supply of available properties for foreign buyers in the most sought-after Swiss resort locations. It also supports long-term value preservation in these markets, as supply is structurally constrained.
In This Section
Advisory
Swiss Private Group advises international private clients on Swiss property acquisition, including navigating Weber Act restrictions in resort markets.
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