Adjoining apartment

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A secondary or second home is a privately used home that is not used as the main home.

Germany

In German registration law , a distinction is made between main and secondary apartments. If a resident uses several apartments in Germany, one of these apartments is the main residence. The main dwelling is generally the dwelling, where the main focus of all living conditions is. All other apartments are secondary apartments. Any ownership structure does not play a role.

The resident has to inform the registration office which apartment is his main residence. Apartments abroad are not taken into account when determining main and secondary dwelling, even if they meet the objective criteria of a main dwelling. The details of the reporting obligations, such as the length of stay from which a secondary residence must be reported, are regulated in the Federal Registration Act (BMG).

France

As of 2020, France has the highest number of registered second homes in Europe.

Austria

In Austria , the Registration Act 1991 distinguishes between two types of residence, the main residence and the secondary residence. The main place of residence of a person is based on the accommodation at which he has established himself with the demonstrable intention or the intention arising from the circumstances, to make this the focus of his life relationships.

The re-registration of a residence is necessary if the quality of residence changes. The quality of residence changes if z. B. becomes a secondary residence from a main residence or vice versa. The registration of a main residence or a further residence takes place at the registration authority ( municipal office or magistrate ) which is responsible for the new residence. If a person has only one place of residence, this is also the main place of residence; a secondary place of residence is any place of residence that is not the main place of residence.

For the problem of cold beds see second home settlement .

Switzerland

In Switzerland, a second home is a second home (apartment or house) that is neither a first home nor is it equivalent to a first home, and in particular is not used permanently by people residing in the municipality. However, unlike holiday apartments , second homes are not rented to third parties. In Switzerland, around 16 percent of all residents have a second home, while in Scandinavia, particularly in Sweden, almost every second home has one. Second homes are usually far away from your own place of residence in order to enjoy variety, tranquility, adventure, sport or inspiration.

A second home is not to be equated with a second home. Anyone who already has a place of residence in Switzerland cannot establish a further residence there in accordance with the principle of unity of residence (Art. 23 Para. 2 ZGB).

In Switzerland, the construction of second homes has been a political issue for years because it has shown a strong boom in the past, mainly caused by foreign demand. In 2000 there were around 420,000 second homes in the country, which corresponded to 12 percent of the housing stock at the time. The development led to the sprawl of valuable landscapes, although the apartments are vacant for most of the year (so-called cold beds ).

On March 11, 2012, against the will of the Federal Council and Parliament , the Swiss population approved a popular initiative by Franz Weber "against the endless construction of second homes", which aims to limit the number of these apartments per municipality to a fixed 20 percent. On March 20, 2015, the Federal Assembly passed the Federal Act on Second Homes (Second Home Act, ZWG), which came into force on January 1, 2016. According to this, no new second homes may be approved in municipalities in which the proportion of second homes is already over 20 percent. If this proportion is still below 20 percent, but the granting of a building permit would result in the municipality exceeding the second home proportion of 20 percent, the permit may also not be granted (Art. 6 para. 1 ZWG).

Individual evidence

  1. Alexander Sarovic, Britta Sandberg, DER SPIEGEL: Escape from Corona: Where the rich keep their distance - DER SPIEGEL - Politics. Retrieved April 21, 2020 .
  2. Federal Chancellery Austria (RIS): Legal Provision of the Reporting Act 1991, version dated today , ris.bka.gv.at, accessed February 4, 2016
  3. Federal Ministry for the Republic of the Interior of Austria: Central Registration Register (ZMR) , bmi.gv.at, accessed February 4, 2016
  4. Second home term zweiwohnungen.ch, LawMedia AG, accessed on April 26, 2016
  5. Swiss Federal Chancellery, text and course of the federal popular initiative 'Put an end to the endless construction of second homes!' , accessed May 24, 2013
  6. Introduction: Second homes in Switzerland zweiwohnungen.ch, LawMedia AG, accessed on April 26, 2016
  7. Federal Act on Second Homes (Second Home Act, ZWG) of March 20, 2015
  8. Federal Office for Spatial Development ARE: Second homes accessed on April 26, 2016