Second Homes Act: What a ‘tourist-managed holiday apartment’ means for owners

Anyone who buys a new holiday apartment in Lenk, Gstaad or Adelboden will sooner or later come across a note in the land register: ‘tourist-managed apartment’. Behind it is the Second Homes Act (ZWG). This article explains what the note means for owners in everyday terms – without legal jargon, but also without replacing legal advice.

Why the note exists

Since 2016, no conventional second homes may be built in municipalities with a second-home share of over 20 per cent. This includes practically all holiday resorts in the Bernese Oberland. New buildings there are only permitted as primary residences or as tourist-managed apartments. The building permit prescribes the use, and the obligation is noted in the land register. It remains in force on a sale and passes to the buyer.

What ‘tourist-managed’ means in practice

The law recognises two variants. In the ‘ancillary apartment’ variant, the owner lives in the same building. In developments with several holiday apartments, the second variant is generally the relevant one: the apartment is part of a structured accommodation business. Three conditions must be met at the same time:

• There are hotel-style services – cleaning, linen, guest care, additional offers – that the majority of guests actually use.
• There is a uniform operating concept that has been submitted to the building permit authority.
• Management is ensured within a single, unified business, that is, by one operator for all units.

In practice, this means the apartment is run like a hotel room. It is permanently available to guests, offered through booking platforms, furnished uniformly and looked after professionally.

The owners’ duties

The management agreements we draw up for properties in Lenk typically result in the following duties:

• Making the apartment available for letting: When not in use, the apartment is made available to the management company for letting – permanently and on customary market terms, including in peak season.
• No letting of your own: Listings on Airbnb or Booking.com on your own account are ruled out. Every paid use goes through the management company.
• Limited personal use: Owners, family and friends may use the apartment, but only within an allowance set out in the building permit and the contract. We explain how this works in our article on personal use.
• Uniform furnishings: The apartment follows a furnishing concept. Outside periods of personal use, personal belongings are stored in lockable cupboards or in the cellar.
• Lettable condition: The owners keep the apartment at the agreed standard. If something is left undone, the management company can arrange for it to be put right.
• Transfer on sale: The management agreement is tied to the apartment and is transferred to the buyer.

Proof to the authority

The building permit authority periodically requires proof that the conditions are being met – every two years for the properties we look after. Formally, the owners are responsible for this. In practice, the management company does the work: for each unit it keeps an occupancy and usage record (overnight stays, days of personal use, availability, services used), prepares the proof and submits it on behalf of the owners. Changes such as a change of operator or the closure of the business are also reported to the authority.

What the management company does

For the business to count as an accommodation business, an operator is needed to run the day-to-day side: marketing, pricing, guest communication, check-in and check-out, cleaning, linen, inspection, minor maintenance, tourist tax accounting, guest registration and reporting. At Picobello Reinigungen these tasks are handled by a single provider – with its own team, storeroom and laundry in Lenk. You can read how the process works day to day in our article on day-to-day management.

Frequently asked questions

Does the management obligation also apply to older apartments?

No. Apartments that lawfully existed before 11 March 2012 are classed as grandfathered under the previous law and can be used freely. The obligation applies to new buildings and changes of use approved under the Second Homes Act. What counts is the building permit for your apartment.

Can I simply leave the apartment empty?

No. The apartment must be permanently available to guests. Longer vacancy by choice contravenes the condition.

Can I decide myself who manages the apartment?

In developments, the condominium owners’ association decides jointly, because the operation must be unified. A change of operator affects all units and is notified to the authority.

What happens if the conditions are not met?

The building permit authority can order measures. This is why occupancy and personal use are recorded systematically in managed properties – it protects the owners.

Who can advise me on my specific apartment?

For legal questions about the building permit, the municipality or a lawyer is the right contact. For the operational side, we are happy to advise: [Management in Simmental](/bewirtschaftung-simmental), [in Saanenland](/bewirtschaftung-saanenland) and [in Adelboden-Kandersteg](/bewirtschaftung-adelboden-kandersteg).

*This article describes the practice for properties managed by Picobello Reinigungen and does not replace legal advice. The Second Homes Act, the related ordinance and the building permit for your apartment are authoritative.*