In Swiss law, a secondary residence is a dwelling that is not the owner's primary place of residence. The classification has significant legal and practical consequences — it determines what can be built, how the property can be used, and what restrictions apply under Lex Weber.
The legal definition
Under the Federal Act on Second Homes (Lex Weber), a secondary residence is defined as a dwelling in a municipality where the owner does not have their primary residence (domicile principal). The classification is based on the owner's registered domicile — the address where they are officially registered as a resident for administrative and tax purposes.
A property is classified as a secondary residence if the owner's primary residence is registered elsewhere — whether in another Swiss municipality or in another country. The classification applies regardless of how frequently the owner uses the property.
Primary residence vs secondary residence
A primary residence (résidence principale) is the dwelling where the owner is officially domiciled — where they are registered with the local authorities, pay their taxes and receive official correspondence. In Switzerland, every person must have a registered domicile, and only one address can be the primary residence at any given time.
A secondary residence is any other dwelling owned by the same person. It may be used regularly, occasionally or rarely — the frequency of use does not affect the classification. What matters is whether it is the owner's registered domicile.
Consequences of secondary residence classification
In municipalities above the 20 percent Lex Weber threshold — including Montreux — a property classified as a secondary residence cannot be newly built. Existing secondary residences can be maintained, renovated and sold, but the stock cannot be increased through new construction.
For foreign buyers subject to Lex Koller, the secondary residence classification intersects with the holiday home authorisation. A property purchased under Lex Koller as a holiday home is, by definition, a secondary residence — the buyer's primary residence is elsewhere.
How classification is determined in practice
The classification of a property as primary or secondary residence is determined at the time of purchase and registered in the land register. The notary will confirm the classification based on the buyer's declared domicile. Changes in classification — for example, if an owner moves to Montreux and registers their domicile there — must be notified to the municipal authorities.
Misclassification — declaring a property as a primary residence when it is actually used as a secondary residence — is a legal offence and can result in administrative penalties and forced reclassification.
Key points
- A secondary residence is any dwelling where the owner is not officially domiciled
- Classification is based on registered domicile, not frequency of use
- In Lex Weber-restricted municipalities, new secondary residences cannot be built
- Lex Koller holiday homes are, by definition, secondary residences
- Misclassification is a legal offence
Montreux Real Estate can clarify how secondary residence classification applies to any property you are considering. Contact us for guidance.
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