REGULATIONS ON PRIMARY AND SECONDARY RESIDENCES ( RRPS ) 1

Transcription

1 COMMUNE OF CHAMPERY REGULATIONS ON PRIMARY AND SECONDARY RESIDENCES ( RRPS ) 1 Amendment to The Communal Regulations on Constructions and Building Zones ( RCCZ ) 2 Approved by the Municipal Assembly June 4, 2012 Approved by the State Council December 19, 2012 Mandatary BISA - Bureau d Ingénieurs SA Avenue du Rothorn Sierre Document No Version Auteur Date Visa Projet Assemblée primaire R. Schwery Janvier 2013 Commune de Champéry Rue du Village Champéry 024/ / secretariat@admin-champery.ch 1 RRPS: Règlement des Residences Principales et Secondaires 2 RCCZ: Règlement Communal des Constructions et des Zones 1

2 TABLE OF CONTENTS Chapter 1 : GENERAL PROVISIONS Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Goals Legal Framework Definitions Scope of Regulations Scope of Application Inscription in Land Registry Special Conditions Chapter 2: QUOTA / CONTINGENCY / DENSITY BONUS Article 8 Article 9 Article 10 Article 11 Article 12 Quota Annual Contingent Contingent Postponement Contingent Expiry Special Regulations for Large Projects Chapter 3: TAXES Article 13 Article 14 Article 15 Construction Tax Compensatory Tax Special Provisions Chapter 4: CONTROL AND FINAL PROVISIONS Article 16 Article 17 Article 18 Review Offences Entry into Force ABBREVIATIONS LAT : LCAT : PDc : PAZ : RCCZ: PQ : SBPU : LC: OC : CCS: CPS: Loi Fédérale sur l Aménagement du Territoire Federal Law on Spatial Planning Loi Cantonale sur l Aménagement du Territoire Cantonal Law on Spatial Planning Plan Directeur Cantonal Cantonal Structure Plan Plan d Affectation de Zones Land Use Plan Règlement Communal des Constructions et des Zones Communal Regulations on Constructions and Building Zones Plan de Quartier Neighborhood Plan Surface Brute de Plancher Utile Gross Floor Area Loi Cantonale sur les Constructions Cantonal Law on Constructions Ordonnance Cantonale sur les Constructions Cantonal Ordinance on Constructions Code Civil Suisse Swiss Civil Code Code Pénal Suisse Swiss Penal Code 2

3 RF : Registre Foncier Land Registry CHAMPERY REGULATIONS ON PRIMARY AND SECONDARY RESIDENCES (RRPS ) 3 These Regulations (RRPS) are an amendment to the Communal Regulations on Constructions and Building Zones (RCCZ) approved by the State Council on 24 May, This document reflects a desire to ensure the harmonious development of tourism in the resort, to promote the construction of primary residences for the indigenous population and to manage the construction of secondary residences. CHAPTER 1 : GENERAL PROVISIONS Article 1: Goals These Regulations aim to: a) enhance Champéry as a tourist destination b) promote the construction of primary residences for the indigenous population c) encourage the indigenous population to stay or to take up residence on the Commune d) encourage second-home owners to occupy or to rent their secondary residences e) stabilize the proportion of secondary residence construction f) improve the balance between primary and secondary residences g) increase the occupancy rate of secondary residences h) promote the construction of hotels and hotel complexes i) insure the sustainable economic and touristic development of the resort Article 2 : Legal Framework These Regulations are based on federal, cantonal and municipal provisions on land use and other areas relating thereto (LAT, LCAT, PDc, RCCZ, etc...) and is an amendment to the RCCZ. These regulations take into account the requirements of the Land Use Plan (PAZ) and the RCCZ. All restrictions imposed by the Confederation and the Canton are reserved. Article 3 : Definitions a) Are considered as primary residences within the framework of these Regulations; residences which are occupied in a durable manner by a person or people having their permanent residence (as defined by Art. 23 CCS), or their fiscal domicile in the village. Lodgings for personnel engaged in seasonal economic activity are also considered primary residences. b) All residences that cannot be qualified as primary residences are considered secondary residences, with the exception of hotels, resorts and commercial beds. 3 RRPS: Règlement des Residences Principales et Secondaires 3

4 c) Are considered indigenous population (as defined by Art. 27 LCAT); persons from a Valaisan municipality having the right of citizenship or who once had the right of citizenship and who have involuntarily lost it (for example by marriage), as well as persons domiciled in the canton and who have owned property in the Commune for over 10 years (in case of inheritance, the period of possession of the bequeather is taken into account). d) Gross Floor Area (SBPU) is the sum of all surfaces above and below ground, including the surface of walls and walls in their horizontal section that directly serve the residence as defined by the Cantonal Law on Constructions (LC). Article 4 : Scope of Regulations These Regulations shall apply to all existing and new secondary residences, to all additions to and conversions of existing buildings and to the transformation of secondary residences into primary residences and vice versa. Not affected by these Regulations : a) Additions, provided that the new living space created is not used as a standalone unit. b) Applications filed by the indigenous population (as defined in Art. 3c) above. c) Projects of overriding public interest, approved by the Municipal Assembly. Applications for building permits that have been submitted and recognized by the Municipal Council as complete and conform prior to the entry into force of these Regulations will not be subject to the construction tax on secondary residences. Article 5 : Scope of Application The provisions of these Regulations shall apply to the entire buildable area of the Commune. Hotel projects, resorts and commercial beds are eligible and are not required to obtain a quota of SBPU. However, a usufructuary lease should be annotated at the Land Registry ( RF) before the issuance of the building permit. Article 6 : Inscription into the Land Registry The applicant must indicate the intended use of the premises ( primary residence / secondary residence / hotel / resort / commercial beds ) on the plans accompanying the application for the building permit and on the request for inscription into the Land Registry and, in the case of resorts and commercial beds, file the usufructuary lease. The affectation of the premises as well as the usufructuary lease contract must be expressly indicated in the building permit and guaranteed by an annotation (Art. 13 LcAT) at the Land Registry in favor of the Commune before the delivery of the building permit, which will include, in particular, a ban on change in affectation as well as the hoteliers or the managers obligation to make the residence available. The applicant shall proceed, at his own expense, with inscription into the Land Registry. For buildings with several units, the PPE must be established before delivery of the permit to reside or operate (Art. 59 OC). Article 7 : Special Conditions a) Existing buildings which file for a change in affectation after the entry into force of these Regulations shall be subject to these Regulations. 4

5 b) In the event of a change in affectation of part of an existing building that is filed after the entry into force of these Regulations, only the part of the building concerned by the change in affectation shall be subject to these Regulations. c) In case of death of the owner of a primary residence, the legal heirs in direct lineage will have the right to use the property for their own needs, as a secondary residence. d) When changing the affectation of hotels having benefited from a bonus of use index (density bonus) and/or other exemptions under the RCCZ, the SBPU corresponding to that bonus must be allocated to primary residences. CHAPTER 2: QUOTA / CONTINGENCY / DENSITY BONUS Article 8 : Quota The Gross Floor Area ( SBPU ) of secondary residences must not exceed half of the Gross Floor Area of all constructions; primary residences, hotels, residential hotels, commercial beds and secondary residences included. Article 9: Annual Contingent The Annual Contingent allotted to secondary residences must not exceed 3,000 m2 of SBPU, subject to postponement, provided for in Art. 10 below. An eventual bonus on this Contingent, which may be acquired by the development of a Neighborhood Plan (PQ ), is not included in the Annual Contingent. Requests for an allotment of the Annual Contingent will be processed in order of receipt of applications for building permits, provided they are permissible. The Municipal Council may, however, defer a portion of an applicant s files in the event that the the sum of the SBPU of his applications exceed one third of the Annual Contingent. For each Neighborhood Plan area, the Municipal Council may establish stages for construction so as not to exceed 50% of the annual SBPU contingent for the ensemble of constructions in the Neighborhood Plan area. However, in case of non-use of the balance of the Annual Contingent by August 15 of the current year, the Municipal Council may allocate the unused portion, pro rata SBPU, to other projects submitted during the year. Article 10 : Contingent Postponement Unallocated allocations of the Annual Contingent may be carried over to the following year. These postponements are non-cumulative and may not, in any case, exceed the total Annual Contingent. Article 11 : Contingent Expiry In the event that a building has been authorised for construction and has been allotted a portion of the Annual Contingent of SBPU, but construction does not commence within the three years following the entry into force of the building permit, the allocated Contingent may be recovered by the Municipality and attributed to the next authorized applicant. In this case, in order to commence the building project, the builder will need to justify his delay and request a new allotment of Contingent, subject to availability of space in the Annual Contingent. If the Annual Contingent is insufficient for the project, the building permit will be deferred until the sufficient Contingent becomes available. 5

6 Article 12: Special rules for large projects In an effort to promote large building projects with a share of secondary residences in excess of 1000m2 of SBPU, and in order to avoid sustained detriment to the urban environment, the Municipal Council may exceptionally award an advance on the Annual Contingent for the following year until, up to one third of the future Annual Contingent. CHAPTER 3: TAXES Article 13 : Construction Tax New construction of secondary residences shall be subject to a tax imposed by the Commune. Construction, expansion, change in affectation of existing constructions as well as change of affectation of primary residences will be subject to a fee of CHF per m2 of newly built or newly renovated/transformed Gross Floor Area. The construction tax is levied upon issue of the building permit and is payable no later than upon issue of the permit to occupy or use the residence (Art. 59 OC). Article 14: Compensatory Tax A compensatory tax, equivalent to 2% of the property s value in the Land Registry, (the basic tax) will be levied by the Commune against owners whose secondary residences are unoccupied or not rented. The compensatory tax will not be charged for second homes that are occupied or rented more than 60 days per year. The adjustable amount of the compensatory tax will be calculated based on the occupancy of the secondary residence, at the following rate : occupancy of 10 days or fewer = basic tax occupancy of 11 to 59 days = basic tax minus 2 % per extra occupied day occupancy of 60 days or more = no compensatory tax Article 15: Special Provisions It is the responsibility of owners or managers of secondary residences to justify and prove the occupancy rate according to the municipal guidelines. The proceeds of the construction and compensatory taxes levied under Articles 13 and 14 above may only be used for : the purchase of buildable land financing the construction of primary residences of general interest fostering hotel equipment and infrastructures subsidizing the construction of buildings or installations for public interest CHAPTER 4 : MONITORING AND FINAL PROVISIONS Article 16 : Control 6

7 The Communal Administration will maintain a registry of primary and secondary residences affected by these Regulations, most particularly with reference to the name of the owner and/or of the occupant. The Communal Administration is responsible for verifying the occupancy and use of the premises of secondary residences in collaboration with the Contrôle de l Habitant 4. Owners and tenants may not refuse these checks. The Communal Administration will maintain a detailed record of quotas and of contingents that have been requested, granted, non-assigned, deferred or anticipated (Art. 8 to 11, above) as well as density bonuses allocated. This record shall be kept available for public inspection. The Communal Administration will maintain a detailed record of construction taxes and compensatory taxes as well as a record of the use of the proceeds of these taxes ( Art. 13 to 15, above). Article 17 : Offences The Municipal Council may order the halt of illegally executed construction, as well as the immediate demolition or alteration, at the owner s expense and risk, of irregular installations or construction undertaken without authorisation or without the granting of a Contingent. In the event that a property bearing a specific mention as to its affectation in the Land Registry is not used in accordance with the aforementioned affectation, the Municipal Council will determine a reasonable period of time in which the owner must rectify the illegal situation. Violators of these Regulations including owners, tenants, developers, rental agencies, notaries, etc who do not comply with these requirements are liable to a fine which may range from 1,000.- CHF to 100'000.- CH. The amount will be determined by the Municipal Council, and will not include additional legal penalties resulting from violation of cantonal and federal legislation on the subject. In severe cases, particularly when the requirements have been violated by greed or in the event of a repeat offense, the fine may be increased to a limit of up to 200,000.- CHF. In addition, illegal gains may be confiscated in accordance with Art. 58 of the Swiss Penal Code (SPC). For the surplus, Art of the Cantonal Law on Construction (LC) shall apply. Municipal Council decisions may be appealed to the State Council within thirty days from notification. Article 18 : Entry into Force This Regulation shall enter into force upon approval by the State Council. Validity of the English translation The original version of these Regulations was written in French before being translated into English. This translation is intended for informational use only and is not an official or authenticated text. In the event of litigation concerning the context, the interpretation or the application of these Regulations, or in the event of any incoherence between the French version and the translated version, the French version prevails as the official text. Champéry, January The Municipal Resident Registration Bureau 7