text: 702 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Acton Second Homes(Second Homes Act, SHA)of 20 March 2015 (Status as of 1 January 2016)The Federal Assembly of the Swiss Confederation,on the basis of Articles 75 and 75b of the Federal Constitution1, and having considered the Federal Council Dispatch dated 19 February 20142,decrees:1 SR 1012 BBl 2014 2287Chapter 1 General Provisions  Art. 1 Subject matter  This Act regulates the permissibility of building new homes together with changes to the structure and use of existing homes in communes with a proportion of second homes exceeding 20 per cent.Art. 2 Definitions  1 In this Act, «home» means a collection of rooms that:a.is suitable for residential use;b.forms a structural unit;c.has an access either from outside or from a common area shared with other homes within the building;d.has cooking facilities; ande.is not a moveable object.2 In this Act, «principal home» means a home that is occupied by at least one person who is permanently resident in the commune in which the home is located in accordance with Article 3 letter b of the Register Harmonisation Act of 23 June 20063.3 The following homes are deemed equivalent to principal homes:a.homes that are permanently occupied for commercial or educational purposes;b.homes that are permanently occupied by a private household that permanently occupies another home in the same building;c.homes that are permanently occupied by persons who are not required to register with the residents’ register office, such as diplomatic staff or asylum seekers;d.homes that have been unoccupied for no more than two years, are habitable, and are advertised for long-term rent or for sale (empty homes);e.homes that are used for agricultural purposes but which due to the altitude of their location are not accessible all year round for agricultural purposes;f.homes that are used by businesses for the short-term accommodation of staff;g.homes that are used as service accommodation for persons such as those working in the hotel and catering industry, in hospitals and in residential institutions;h.homes that are lawfully being used temporarily for non-residential purposes.4 In this Act, «second home» means a home that is neither a principal home nor equivalent to a principal home.3 SR 431.02Art. 3 Duties and powers of the cantons  1 Where required, the cantons shall specify in their structure plan measures to encourage greater occupancy of second homes and to promote the hotel industry and reasonably priced principal homes. 2 They may issue regulations that limit the construction and use of homes more strictly than this Act.Chapter 2 Inventory of Homes and Proportion of Second Homes  Art. 4 Inventory of homes  1 Each commune shall draw up an inventory of homes each year.2 The inventory of homes must as a minimum indicate the total number of homes and the number of principal homes.3 The commune may also list homes deemed equivalent to principal homes as a separate category and add this category of homes to the principal homes.4 The Federal Council shall regulate the requirements for the inventory of homes and determine the details of its publication.Art. 5 Determining the proportion of second homes  1 The Confederation shall determine the proportion of second homes when compared with the total number of homes for each commune based on the inventory of homes in accordance with Article 4.2 If a commune does not submit its inventory of homes within the required deadline, it shall be assumed that the commune concerned has a proportion of second homes in excess of 20 per cent. The competent federal authority may extend the deadline at the request of the commune if there is good cause.3 The Federal Council shall specify the federal authority that determines the proportion of second homes.4 This authority shall consult the canton in which the commune is located before reaching its decision.Chapter 3 Ban on the Construction of New Second Homes  Art. 6 1 In communes in which the proportion of second homes determined in accordance with Article 5 exceeds 20 per cent, no building permits may be granted for new second homes. If the proportion is less than 20 per cent and if granting a building permit would result in the commune having a proportion of second homes in excess of 20 per cent, no building permit may be granted either.2 The construction of new homes in accordance with Article 7 paragraph 1 letter b and in accordance with Articles 8, 9, 26 or 27 is reserved.Chapter 4  Construction of New Homes in Communes with a Proportion of Second Homes in excess of 20 per cent  Section 1 New Homes with Restrictions on Use  Art. 7 1 In communes with a proportion of second homes in excess of 20 per cent, building permits may only be granted for new homes if they are used as follows:a.as a principal home or as a home deemed equivalent to a principal home in accordance with Article 2 paragraph 3; orb.as a home intended as managed tourist accommodation.2 A home is deemed to be managed tourist accommodation if it is permanently offered for the exclusively short-term use of guests on terms that are customary in the market and in the locality and it:a.is located in the same building as its owner has his or her principal residence; or b.it is not suitable for the personal needs of the owner and is managed as part of an organised accommodation complex.3 The building authority shall impose a restriction on use in accordance with paragraph 1 letter a or paragraph 2 letter a or b in the building permit by means of condition of use. If the building permit for a new home does not contain such a condition and in the absence of authorisation in accordance with Articles 8, 9, 26 or 27, it shall be assumed that the restriction on use in accordance with paragraph 1 letter a applies.4 As soon as the building permit takes legal effect, the building authority shall instruct the land registry to note the restriction on use in the land register in respect of the property concerned.5 The Federal Council shall regulate the details, in particular:a.the requirements that the organised accommodation complex must meet;b.the duty to report any change in use from a home used as managed tourist accommodation into a principal home; andc.the wording of its conditions of use.Section 2 New Homes without Restrictions on Use  Art. 8 Homes used in connection with organised accommodation facilities  1 In communes where the proportion of second homes does not exceed 20 per cent, organised accommodation facilities may be authorised to construct homes without restrictions on use in accordance with Article 7 paragraph 1 if:a.the complex can only be run or continue to be run profitably with the income from the construction of such homes;b.the owner or the operator on request provides proof that the income from the homes will be invested in constructing or running the organised accommodation;c.the main usable area of these homes does not exceed 20 per cent of the entire main usable area of the rooms and homes;d.the homes and the organised accommodation complex form a structural and functional unit, unless the regulations on preserving the appearance of the locality or cultural heritage management require otherwise; ande.there are no other overriding interests to the contrary.2 For homes in accordance with paragraph 1 that permanently remain the property of the organised accommodation complex and are rented out by the same, the total main usable area in accordance with paragraph 1 letter c may amount to a maximum of 33 per cent. A related restriction on alienation must be noted in the land register. Article 7 paragraphs 4 and 5 apply by analogy. 3 If the complex constructs homes in accordance with both paragraph 1 and paragraph 2, the maximum percentage of 33 per cent shall be reduced by the value obtained by dividing the area of the homes in accordance with paragraph 1 by the sum of the area of the homes in accordance with paragraphs 1 and 2 and multiplying the result by 13 per cent.4 In an organised accommodation complex that already existed on 11 March 2012, a maximum of 50 per cent of the main usable area may be converted for use as homes without restriction on use under Article 7 paragraph 1 provided:athe complex has been run as such for at least 25 years;b.it can no longer be run profitably and cannot be converted for use as homes intended as managed tourist accommodation; c.the fact that the accommodation complex concerned can no longer be run profitably is not due to any failure on the part of the owner or operator; andd.there are no overriding interests to the contrary.5 An independent expert report must be provided as proof that the requirements in paragraphs 1 or 4 have been met. The Federal Council shall regulate the details.Art. 9 New homes in protected buildings  1 In communes with a proportion of second homes in excess of 20 per cent, new homes without restrictions on use in accordance with Article 7 paragraph 1 may be authorised within the building zones in protected buildings or buildings that define the appearance of the locality provided:a.the conservation value of the building is not adversely affected, and in particular the outward appearance and basic structure of the building essentially remains unchanged;b.the long-term preservation of the building cannot otherwise be guaranteed; andc.there are no overriding interests to the contrary.2 Outside the building zones, the permissibility of new homes without restrictions on use as defined in Article 7 paragraph 1 is governed by the spatial planning legislation. 3 Other requirements of federal law and of cantonal law are reserved.Chapter 5  Alteration of Homes in Communes with Proportion of Second Homes in excess of 20 per cent  Section 1 Homes subject to the Previous Law  Art. 10 Definition  A home subject to the previous law under this Act is a home that lawfully existed or was the subject of a legally effective building permit on 11 March 2012.Art. 11 Changes to structure and use  1 Homes subject to the previous law are not subject to any restrictions on residential use; existing or future restrictions on use under the cantonal or communal law are reserved.2 Such homes may be renovated, converted or rebuilt within the limits of their pre-existing main usable area. If by doing so additional homes are created, these may be authorised without any requirement to impose a restriction on use under Article 7 paragraph 1, subject to any other requirements of federal and cantonal law.3 Homes subject to the previous law within building zones may be extended by a maximum of 30 per cent of the main usable area existing on 11 March 2012, provided no additional homes are created. Outside building zones, extensions are permitted in accordance with the regulations on building outside building zones.4 Extensions that exceed the dimensions mentioned in paragraph 3 are permitted if the home is declared to be a principal home as defined in Article 7 paragraph 1 letter a or a home intended as managed tourist accommodation as defined in Article 7 paragraph 1 letter b in conjunction with Article 7 paragraph 2 letter a or b and the relevant authorisation requirements are met. The building authority shall order a corresponding restriction on use in the building permit and instruct the land registry to note the restriction on use in the land register as soon as the building permit becomes legally effective.Art. 12 Abuse and undesirable developments  1 The cantons and communes shall take the measures required to prevent cases of abuse and undesirable developments that may result from the unrestricted use of homes subject to the previous law as second homes.2 To this end, the cantons may impose more stringent restrictions than those contained in this Act on the change of use of homes previously used as principal homes to second homes together with the possible changes in accordance with Article 11 paragraphs 2–4. If these changes in use and structure do not require a building permit, the cantons may introduce a building permit requirement.Section 2 Amendment and Suspension of Restrictions on Use  Art. 13 Amendment  The amendment of the following restrictions on use require a building permit:a.a change in use under Article 7 paragraph 1 letter a to use as a home intended as managed tourist accommodation;b.a change in use within the categories of use under Article 7 paragraph 2.Art. 14 Suspension  1 At the request of the owner, the building authority shall suspend a restriction on use under Article 7 paragraph 1 for a specific period if:a.the restriction on use cannot be complied with temporarily due to special circumstances, such as death, change of residence or change in civil status; orb.the owner provides proof that the home has been publicly advertised but the attempt to find persons who would make adequate payment in order to use the home in accordance with the law has been unsuccessful.2 The authority shall extend the suspension under paragraph 1 letter b if the owner provides proof that the requirements therefor continue to be met.3 In ordering the suspension in accordance with paragraph 1 letter b and on any extension thereof, it shall also order a reassessment of the official value of the home at the owner’s expense.4 The Federal Council shall regulate the duration of suspensions and their extensions as well as the details of the proof to be provided in accordance with paragraph 1 letter b, in particular the requirements for publicly advertising the home.Chapter 6 Implementation  Art. 15 Supervisory authority  Each canton shall appoint an authority to supervise the implementation of this Act.Art. 16 Duties to notify   1 The authority responsible for the residents’ register office in a commune with a proportion of second homes in excess of 20 per cent shall notify the building authority of persons who:a.move home within the commune;b.move out of the commune; orc.relocate permanently to another commune.2 The land registry shall notify the building authority of the recording in the land register of any transfer of ownership of property located in a commune with a proportion of second homes in excess of 20 per cent in respect of which a restriction on use has been noted in accordance with Article 7 paragraph 1. The cantons shall regulate the notification procedure.3 The information required from the residents’ register offices and the land register in order to implement Articles 4 and 7 may be recorded in the Federal Register of Buildings and Dwellings. The information shall be recorded by the authority competent for updating this register.Art. 17 Official measures in the case of unlawful use  1 If a home with a restriction on use under Article 7 paragraph 1 is not used in accordance with the law, the competent authority shall set a deadline for the owner to restore the lawful position under notice of substitute performance and the penalty under Article 292 of the Criminal Code4 in the event of failure to do so. The authority may extend the deadline at the request of the owner in justified cases.2 If the owner fails to restore the lawful position within the relevant deadline, the competent authority shall prohibit the use of the home and order it to be sealed.3 The competent authority shall take the measures required to restore the lawful position. In particular, it may rent out the home subject to compliance with the restriction on use under Article 7 paragraph 1.4 If members of the competent building authorities or their employees become aware of offences in the course of their official activities, they are required to report the same immediately to the the supervisory authority in accordance with Article 15. 4 SR 311.0Art. 18 Official measures in the event of unlawful use  1 The competent authority shall have all the rights and obligations that it requires to restore lawful use on behalf of the owner.2 It may instruct third parties to carry out the required measures.3 The rental income in accordance with Article 17 paragraph 3 shall be paid to the owner under deduction of the administrative costs incurred by the competent authority and any third parties instructed.Art. 19 Review of impact and proposed measures  1 The Federal Office for Spatial Development, working with the State Secretariat for Economic Affairs, shall regularly review the impact of this Act. It shall in particular review its impact on tourism and the economy in the regions concerned.2 The relevant departments shall report to the Federal Council periodically. If required, the reports shall also propose further measures, particularly in relation to location promotion. The first reports shall be filed four years after this Act comes into force.Art. 20 Jurisdiction, procedure and rights of appeal  1 The assessment of applications for building permits and notification of decisions on building permits shall be governed exclusively by the relevant cantonal provisions. Article 112 paragraph 4 of the Federal Supreme Court Act of 17 June 20055 is reserved.2 In addition and subject to the provisions of this Act, jurisdiction, procedures and rights of appeal are governed by the Spatial Planning Act of 22 June 19796 and the related cantonal implementing provisions.5 SR 173.1106 SR 700Chapter 7 Criminal Provisions  Art. 21 Disregard of restrictions on use  1 Any person who wilfully disregards a restriction on use in terms of this Act shall be liable to a custodial sentence not exceeding three years or to monetary penalty.2 If the offender acts through negligence, he or she shall be liable to a monetary penalty not exceeding 180 daily penalty units.3 If the restriction on use is subsequently revoked, the offender shall be liable to a monetary penalty not exceeding 90 daily penalty units.4 Prosecution shall be deferred until a legally binding decision has been taken on the suspension or amendment of a restriction on use.Art. 22 Incorrect information  1 Any person who wilfully provides the competent authorities with incorrect or incomplete information on matters that are relevant to the authorisation, suspension or amendment of a restriction on use under this Act or who deceitfully exploits an error on the part of those authorities shall be liable to a custodial sentence not exceeding three years or a monetary penalty.2 Any person who provides incorrect or incomplete information through negligence shall be liable to a monetary penalty not exceeding 180 daily penalty units.Chapter 8 Final Provisions  Art. 23 Implementing provisions  The Federal Council shall shall issue the implementing provisions unless the law declares the cantons to be responsible therefor.Art. 24 Amendment of other legislation  The following acts are amended as follows:…77 The amendments may be consulted under AS 2015 5657.Art. 25 Transitional provisions  1 This Act applies to applications for building permits that are considered at first instance or on appeal after this Act comes into force. 2 If a building permit that was granted and took legal effect before 11 March 2012 requires the execution of the work to be postponed pending a decision relating to quotas, the competent building authority may authorise the work to begin at the latest within two years of this Act coming into force provided the building permit did not specify a period within which the work must start or postponed the start of the work for a period that ends no later than two years after this Act comes into force.3 If the proportion of second homes in a commune falls to 20 per cent or less, the building authority shall, at the request of the owner, revoke any restriction on use under Article 7 paragraph 1 and instruct the land register to delete the relevant note on the land register folio for the property concerned.4 Building permits that were granted and took legal effect before 31 December 2012 under the relevant cantonal procedural law shall remain valid.5 Building permits that were granted and took legal effect in accordance with relevant cantonal procedural law after 1 January 2013 but before this Act came into force shall remain valid provided they are based on the Ordinance of 22 August 20128 on Second Homes.8 [AS 2012 4583, 2013 1257 3549, 2014 3567, 2015 4143]Art. 26 Project-related special land use plans  1 In communes with a proportion of second homes in excess of 20 per cent, homes that are the subject of a project-related special land use plan that at least to a significant extent involves the construction of second homes may be authorised without any restriction on use under Article 7 paragraph 1 if this plan:a.received approval which took legal effect before 11 March 2012; andb.stipulates the essential elements of the building permit relating to location, layout, size and design of the buildings and installations as well as nature and extent of their use.2 Amendments to special land use plans in accordance with paragraph 1 are permitted provided there is no increase in the proportion of homes without restriction on use under Article 7 paragraph 1 and in the proportion of main usable areas occupied by such homes.Art. 27 Preliminary inquiries before 18 December 2007  Irrespective of the requirements of Article 7 paragraph 2 and Articles 8, 9 or 26, a building permit application for a new home may be authorised without restriction on use under Article 7 paragraph 1 if: a.the competent building authority, in response to a sufficiently detailed preliminary request, provided a written answer before 18 December 2007 which: 1.contained the essential elements of the building permit as defined in Article 26 paragraph 1 letter b,2.confirmed that the project was eligible for authorisation;b.it was not possible to grant the building permit before 11 March 2012 because the owner was prevented from submitting a building permit application on time through no fault of his or her own; andc.the other requirements for granting the building permit are fulfilled.Art. 28 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement date: 1 January 201699 Federal Council Decree of 4 Dec. 2015.


type: legislation

jurisdiction: Switzerland

text: 702.1 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Second Homes Ordinance(SHO)of 4 December 2015 (Status as of 1 January 2018)The Swiss Federal Council,based on the Federal Act of 20 March 20151 on Second Homes (the Act),ordains:1 SR 702Section 1 Ascertaining and Publishing the Total Number of Homes and the Proportion of Second Homes Art. 1 Communes’ duties and powers  1 Each commune shall supply the Swiss Federal Statistical Office (FSO) each year with its data on residents as of 31 December by 31 January of the following year at the latest and shall update the National Register of Buildings and Dwellings (RBD) in accordance with Article 10 paragraph 1 of the Ordinance of 9 June 20172 on the Federal Register of Buildings and Dwellings.32 In cantons with recognised registers of buildings and dwellings, the commune may also make its data on residents available to the canton to enable the automated identification of principal homes in the cantonal register of buildings and dwellings.2 SR 431.8413 Amended by Annex 2 No II 4 of the O of 9 June 2017 on the Federal Register of  Buildings and Dwellings, in force since 1 July 2017 (AS 2017 3459).Art. 2 Federal duties and powers  1 With a view to ascertaining the proportion of second homes, the FSO shall record the form of use of homes in the RBD based on the data on residents in accordance with Article 1 paragraph 1.2 Based on the commune-related data in the RBD, the Federal Office for Spatial Development (ARE) shall ascertain for each commune by 31 March of each year whether its proportion of second homes exceeds 20 per cent or not. 3 ARE may verify ex officio the data supplied by the communes in accordance with Article 1 paragraph 1.4 Every year it shall publish a list with the following details for each commune: total number of homes, number of principal homes, proportion of principal homes and a declaration as to whether the proportion of second homes exceeds 20 per cent or not.Section 2 Construction of New Homes  Art. 3 Note in the land register  1 The condition of use that must be noted in the land register in respect of homes with restriction on use in accordance with Act is worded as follows:a.principal home or home deemed equivalent to a principal home in accordance with Article 7 paragraph 1 letter a of the Act;b.home managed as tourist accommodation in accordance with Article 7 paragraph 2 letter a of the Act; orc.home managed as tourist accommodation in accordance with Article 7 paragraph 2 letter b of the Act (home forming part of an organised accommodation complex).2 The note in the land register further includes the building and dwelling identifier for the home concerned in accordance with Article 8 paragraphs 2 letter a and Article 3 letter a of the Ordinance of 9 June 20174 on the Federal Register of Buildings and Dwellings.53 The commune may record the restriction on use in the RBD.4 SR 431.8415 Amended by Annex 2 No II 4 of the O of 9 June 2017 on the Federal Register of  Buildings and Dwellings, in force since 1 July 2017 (AS 2017 3459).Art. 4 Organised accommodation complex  An organised accommodation complex in terms of the Act exists if the following requirements are fulfilled:a.The complex provides hotel-type services and facilities that are used by the majority of guests.b.It is organised according to a business plan similar to that of a hotel.c.It is managed as a single uniform operation.Art. 5 Expert report  1 The applicant is responsible for commissioning the expert report in accordance with Article 8 paragraph 5 of the Act. The expert’s appointment requires the consent of the building authority.2 In the cases set out in Article 8 paragraph 1, the expert report must provide an opinion on the following matters in particular:a.the present and future profitability of the complex or complexes;b.cross-financing and the use of income.3 In the cases set out in Article 8 paragraph 4, the expert report must provide an opinion on the following matters in particular:a.the present and future profitability of the complex;b.how long the complex has been managed as such; andc.the issue of whether the fact that the accommodation complex concerned can no longer be run profitably is due to any failure on the part of the owner or operator.Art. 6 Buildings that define the appearance of the locality   1 Buildings that define the appearance of the locality in terms of Article 9 paragraph 1 of the Act are buildings which, through their location and appearance, make an essential contribution to the identity of the locality and to making it worthy of preservation.2 The cantons shall organise a procedure for identifying buildings that define the appearance of a locality.Section 3 Change in Use of a Home managed as Tourist Accommodation and Reporting the same Art. 7 1 A home with a restriction on use in accordance with Article 7 paragraph 1 letter b of the Act may also be used as a home in accordance with Article 7 paragraph 1 letter a. 2 The owner of the home must report the change in use to the building authority within 30 days of occupying the home.Section 4 Suspension of the Restriction on Use in the case of Homes subject to the new Law Art. 8 Suspension in accordance with Article 14 paragraph 1 letter a of the Act  1 The building authority shall limit suspensions in accordance with Article 14 paragraph 1 letter a of the Act to a maximum of two years. It may extend this period by way of exception by no more than two years if there is good cause for doing so.2 A further extension of the suspension is permitted if the requirements set out in Article 9 are met.Art. 9 Suspension in accordance with Article 14 paragraph 1 letter b of the Act  1 The building authority shall limit suspensions in accordance with Article 14 paragraph 1 letter b of the Act to a maximum of two years. It shall extend the suspension if the owner provides proof that the requirements set out in Article 14 paragraph 1 letter b of the Act continue to be met. The maximum extension in each case is two years.2 The owner of must provide proof in every case that:a.advertisements have appeared regularly in the form customary in the market;b.the home has been offered for sale on terms that are customary for the market and locality; andc.the home has been ready for occupation by a tenant or purchaser at any time.3 If proof in accordance with Article 14 paragraph 1 letter b of the Act is not provided, the building authority shall refuse the suspension. If official measures in accordance with Article 17 of the Act come in for consideration, it shall forward the case file to the competent authority.4 On application by the owner, the land register shall in the case of Article 14 paragraph 1 letter b of the Act record the note with the addendum of the time-limited suspension.Section 5 Right of Appeal and Notice of Decisions  Art. 10 1 ARE has a right of appeal on matters relating to second homes in accordance with the general provisions on the administration of federal justice.2 The building authorities shall notify ARE of the following:a.building permits for new homes that they have granted on the basis of Articles 7 paragraph 1 letter b, 8 and 9 of the Act;b.suspension orders in accordance with Article 14 of the Act;c.building permits for homes with a suspended restriction on use.Section 6 Transitional and Final Provisions  Art. 116 6 Repealed by No I of the O of 1 Nov. 2017, with effect from 1 Jan. 2018  (AS 2017 6331).Art. 12 Amendment of other legislation  The following legislation is amended as follows:…77 The amendments may be consulted under AS 2015 5669.Art. 13 Commencement  This Ordinance comes into force on 1 January 2016.Annex8 8 Repealed by No I of the O of 1 Nov. 2017, with effect from 1 Jan. 2018  (AS 2017 6331).


text: 141.0 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Acton Swiss Citizenship(Swiss Citizenship Act, SCA)of 20 June 2014 (Status as of 9 July 2019)The Federal Assembly of the Swiss Confederation,based on Article 38 of the Federal Constitution1, and having considered the Federal Council Dispatch dated 4 March 20112,decrees:1 SR 1012 BBl 2011 2825Title 1 Acquisition and Loss of Citizenship by Law  Chapter 1 Acquisition by Law  Art. 1 Acquisition by descent   1 The following persons are Swiss citizens from birth:a.a child whose parents are married to each other and whose father or mother is a Swiss citizen;b.the child of a female Swiss citizen who is not married to the child's father.2 The minor foreign child of a Swiss father who is not married to the child's mother acquires Swiss citizenship as if at birth on establishing filiation with the father.3 If a minor child who acquires Swiss citizenship under paragraph 2 has children, they also acquire Swiss citizenship.Art. 2 Cantonal and communal citizenship  1 On acquiring Swiss citizenship, a child acquires the Swiss parent's cantonal and communal citizenship.2 If both parents are Swiss, the child acquires the cantonal and communal citizenship of the parent whose surname the child uses.Art. 3 Foundlings  1 A minor child of unknown parentage who is found in Switzerland acquires citizenship of the canton in which he or she was abandoned, and thus acquires Swiss citizenship.2 The canton decides where the child holds communal citizenship.3 Citizenship acquired in this way lapses if it is established who the parents of the child are, provided the child is still a minor and will not become stateless.Art. 4 Adoption  Where a minor foreign child is adopted by a Swiss citizen, the child acquires the cantonal and communal citizenship of the adoptive parent and thus acquires Swiss citizenship.Chapter 2 Loss of Citizenship by Law  Art. 5 Loss by termination of filiation  If filiation is terminated with the parent who has conferred Swiss citizenship on the child, the child loses Swiss citizenship provided the child does not become stateless thereby.Art. 6 Loss by adoption  1 If a minor Swiss citizen is adopted by a foreign national, he or she loses Swiss citizenship on adoption if he or she acquires the nationality of the adoptive parent thereby or already holds that nationality.2 Swiss citizenship is not lost if filiation with a Swiss parent is established on adoption or such filiation remains following adoption.3 If adoption is annulled, loss of Swiss citizenship is deemed not to have taken place.Art. 7 Loss by being born abroad  1 A child born abroad to a Swiss parent who is a citizen of another country forfeits Swiss citizenship on reaching the age of 25, unless his or her birth has been notified to a Swiss authority abroad or in Switzerland or he or she has declared in writing that he or she wishes to remain a Swiss citizen.2 If a child forfeits Swiss citizenship by virtue of paragraph 1, then his or her children also forfeit Swiss citizenship.3 Notification in terms of paragraph 1 is constituted in particular by any notification by parents, relatives or acquaintances with a view to the child's entry in registers in Switzerland, matriculation or the issuing of identity documents.4 Any person who, against his or her will, has been unable to provide notification or a declaration in terms of paragraph 1 in time, may still do so validly within one year of the reason for their failure to do so ceasing to apply.Art. 8 Cantonal and communal citizenship  Any person who loses Swiss citizenship by law loses cantonal and communal citizenship at the same time.Title 2 Acquisition and Loss of Citizenship by Official Decree  Chapter 1 Acquisition by Naturalisation  Section 1 Ordinary Naturalisation  Art. 9 Formal requirements  1 The Confederation shall grant a naturalisation licence only if the applicant:a.holds a permanent residence permit when the application is made; andb.can prove that he or she has been resident in Switzerland for at least ten years, three of which have been in the five years prior to making the application. 2 When calculating the length of residence mentioned in paragraph 1 letter b, the period that the applicant has lived in Switzerland between the ages of 8 and 18 counts as double. The actual length of residence must however amount to at least six years.Art. 10 Requirements in the case of a registered partnership  1 If the applicant has entered into a registered partnership with a Swiss citizen, on making the application, he or she must prove that he or she:a.has resided for at least five years in Switzerland, and for one year immediately prior to making the application; andb.has lived for three years with this person in a registered partnership.2 The shorter length of residence in paragraph 1 letter a also applies in the event that one of the two partners acquired Swiss citizenship after registration of the partnership through:a.reinstatement of citizenship; orb.through simplified naturalisation based on descent from a Swiss parent.Art. 11 Material requirements  The Confederation shall grant the naturalisation licence if the applicant meets the following requirements:a.he or she is successfully integrated;b.he or she is familiar with the Swiss way of life; andc.he or she does not pose a risk to Switzerland’s internal or external security.Art. 12 Criteria for integration  1 Successful integration is demonstrated in particular by:a.showing respect for public security and order;b.respecting the values enshrined in the Federal Constitution;c.being able to communicate in a national language in everyday situations, orally and in writing; d.participating in economic life or by acquiring an education; ande.encouraging and supporting the integration of one’s wife or husband, registered partner or the minor children for whom one has parental responsibility.2 Appropriate account must be taken of the situation of persons who, due to disability or illness or other significant personal circumstances, are unable or only able with difficult to meet the criteria for integration set out in paragraph 1 letters c and d.3 The cantons may provide for additional criteria for integration.Art. 13 Naturalisation procedure  1 The canton shall designate the authority to which the application for naturalisation must be submitted.2 If the canton and, if cantonal law so provides, the commune agree in principle to naturalisation, they shall forward the application for naturalisation to the State Secretariat for Migration (SEM) once the applicant has passed the cantonal examination.3 Once all the formal and substantive requirements have been fulfilled, the SEM shall grant the federal naturalisation licence and send it to the cantonal naturalisation authority for the decision on naturalisation.4 The federal naturalisation licence may be amended retrospectively in order to include the applicant’s children.Art. 14 Cantonal naturalisation decision  1 The competent cantonal authority shall make the decision on naturalisation within one year of the granting of the federal naturalisation licence. On expiry of this period, the federal naturalisation licence ceases to be valid.2 It shall refuse the application for naturalisation if matters come to light after the federal naturalisation licence is granted which would have given grounds for not agreeing in principle to naturalisation.3 The applicant acquires communal, cantonal and Swiss citizenship when the cantonal naturalisation decision becomes legally binding.Art. 15 Procedure in the canton  1 The procedure in the canton and in the commune is governed by cantonal law.2 Cantonal law may provide that an application for naturalisation may be submitted to the vote of the communal electorate at a communal assembly.Art. 16 Obligation to state reasons  1 Reasons must be given for rejecting an application for naturalisation.2 The communal electorate may reject an application for naturalisation only if a reasoned motion has been made that they should do so.Art. 17 Protection of privacy  1 The cantons shall ensure that the privacy of applicants is respected in cantonal and communal naturalisation procedures.2 The communal electorate shall be given the following particulars of applicants:a.nationality;b.length of residence;c.information required to assess whether the applicant meets the naturalisation requirements, and in particular the requirement of integration.3 When selecting information under paragraph 2, the cantons shall take account of the persons to whom the information is to be given.Art. 18 Cantonal and communal length of residence  1 The cantonal legislation shall provide for a minimum length of residence of between two and five years.2 In the event that the applicant moves to another commune or another canton, the canton and the commune in which an application for naturalisation is made remain responsible if they have concluded their assessment of the naturalisation requirements in Articles 11 and 12.33 Corrected by the Federal Assembly Drafting Committee (Art. 58 para. 1 ParlA;  SR 171.10).Art. 19 Honorary citizenship  The awarding of honorary citizenship to a foreign national by a canton or a commune without federal authorisation for naturalisation does not have the effects of naturalisation.Section 2 Simplified Naturalisation  Art. 20 Substantive requirements  1 In the simplified naturalisation procedure, the criteria for integration set out in Article 12 paragraphs 1 and 2 must be met.2 Simplified naturalisation also requires that the applicant does not pose a risk to Switzerland's internal or external security.3 For applicants who do not live in Switzerland, the requirements of paragraphs 1 and 2 apply mutatis mutandis.Art. 21 Wife of a Swiss man or husband of a Swiss woman  1 Any foreign national may apply for simplified naturalisation following marriage to a Swiss citizen if he or she:a.has lived for three years in marital union with his or her wife or husband; and b.has resided for at least five years in Switzerland, including one year immediately prior to making the application. 2 Any person who lives or has lived abroad may also apply provided he or she:a.has lived for six years in marital union with his or her wife or husband; andb.has close ties with Switzerland.3 A foreign national may also apply for simplified naturalisation under paragraphs 1 or 2 if his or her wife or husband acquires Swiss citizenship after their marriage through:a.reinstatement of citizenship; orb.simplified naturalisation based on descent from a Swiss parent.4 The naturalised person acquires the cantonal and communal citizenship of his or her Swiss spouse. If the spouse is a citizen of two or more cantonal or communes, the naturalised person may decide to acquire citizenship of only one canton or commune.Art. 22 Persons who erroneously believe they are Swiss citizens   1 Any person who has believed in good faith for five years that he or she is a Swiss citizen, and has in practice been treated during this period by the cantonal or communal authorities as a Swiss citizen, may apply for simplified naturalisation.2 The naturalised person acquires the cantonal citizenship of the canton responsible for the error. This canton shall decide which communal citizenship the person acquires at the same time.Art. 23 Stateless children  1 A minor child who is stateless may apply for simplified naturalisation if he or she can prove at least five years’ residence in Switzerland, including one year immediately prior to making the application.2 Any period of residence in Switzerland in accordance with the regulations on foreign nationals will be taken into consideration.3 The naturalised child acquires the citizenship of his or her commune and canton of residence.Art. 24 Children of a naturalised parent  1 A foreign child who was a minor at the time his or her parent applied for naturalisation and who was not included in the naturalisation application may apply for simplified naturalisation before the age of 22 if he or she can prove at least five years’ residence in Switzerland, including at least three years immediately prior to making the application.2 The naturalised child acquires the citizenship of the Swiss parent.Art. 24a4 Third generation immigrants  1 The child of foreign parents may on application be naturalised according to a simplified procedure if he or she meets the following requirements:a.at least one grandparent was born in Switzerland or it is credibly demonstrated that he or she acquired a right of residence;b.at least one parent has obtained a permanent residence permit, has been resident in Switzerland for at least ten years, and attended compulsory schooling in Switzerland for at least five years;c.the child was born in Switzerland;d.the child holds a permanent residence permit and has attended compulsory schooling in Switzerland for at least five years.2 The application must be submitted before the child reaches the age of 25.3 The naturalised child acquires the citizenship of his or her commune and canton of residence at the time of naturalisation.4 Inserted by No I of the FA of 30 Sept. 2016 (Simplified Naturalisation for Third Generation Immigrants), in force since 15 Feb. 2018 (AS 2018 531; BBl 2015 769 1327).Art. 25 Jurisdiction and procedure  1 The SEM decides on simplified naturalisation applications; it shall consult the canton concerned before approving an application.2 The Federal Council regulates the procedure.Section 3 Reinstatement of Citizenship  Art. 26 Requirements  1 Reinstatement of citizenship requires that the applicant:a.is successfully integrated if he or she lives in Switzerland;b.has close ties with Switzerland if he or she lives abroad;c.shows respect for public security and order;d.respects the values enshrined in the Federal Constitution; ande.does not pose a risk to Switzerland’s internal or external security.2 For applicants not resident in Switzerland, the requirements of paragraph 1 letters c–e apply by analogy.Art. 27 Reinstatement of citizenship following forfeiture, relief or loss of citizenship  1 Any person who has lost Swiss citizenship may apply within ten years for that citizenship to be reinstated.2 On expiry of the period mentioned in paragraph 1, a person may apply for citizenship to be reinstated only if he or she has been resident in Switzerland for three years.Art. 28 Effect  Through reinstatement of citizenship, the applicant acquires the cantonal and communal citizenship that he or she held previously.Art. 29 Jurisdiction and procedure  1 The SEM decides on the reinstatement of citizenship; it shall consult the canton concerned before granting an application.2 The Federal Council regulates the procedure.Section 4 Common Provisions  Art. 30 Inclusion of children  The applicant's minor children are normally included in the naturalisation application if they live with the applicant. In the case of children over the age of 12, compliance with the requirements of Articles 11 and 12 must be verified independently and autonomously and in a manner appropriate to the age of the child.Art. 31 Minor children  1 Minor children may only apply for naturalisation through their legal representative. 2 Minor children over the age of 16 must also declare in writing their wish to become a Swiss citizen.Art. 32 Majority  Majority and minority in terms of this Act are governed by Article 14 of the Swiss Civil Code 5.5 SR 210Art. 33 Residence  1 The length of residence in Switzerland is calculated based on residence as evidenced by the following residence documents:a.a residence or permanent residence permit;b.temporary admission; half of the period of residence is credited; orc.a legitimation card or comparable residence document issued by the Federal Department of Foreign Affairs.2 Leaving Switzerland for a short period with the intention of returning does not interrupt a period of residence.3 A foreign national is deemed to have stopped residing in Switzerland on leaving Switzerland if he or she has deregistered with the responsible authority or has actually lived abroad for more than six months.Art. 34 Cantonal enquiries  1 If an application is made for ordinary naturalisation, the competent cantonal authority shall, if the formal requirements of Article 9 have been met, assess whether the requirements of Article 11 letters a and b have been met.2 The SEM shall instruct the cantonal naturalisation authority to conduct the enquiries required to assess whether the requirements for simplified naturalisation, reinstatement of citizenship, declaring a naturalisation null and void or withdrawing Swiss citizenship have been met.3 The Federal Council shall regulate the procedure. It may issue uniform guidelines on drawing up enquiry reports and provide for deadlines for conducting the enquiries mentioned in paragraph 2.Art. 35 Fees  1 The federal, cantonal and communal authorities may charge fees in connection with naturalisation procedures or procedures for declaring naturalisations null and void.2 The fees may not amount to more than is required to cover costs.3 For the procedure under its jurisdiction, the Confederation may request an advance payment of fees.Art. 36 Declaration of nullity  1 A naturalisation decision may be declared null and void by the SEM if it has been obtained by using false information or by concealing material facts.2 The naturalisation decision may be declared null and void within two years of the SEM becoming aware of the legally relevant circumstances, and at the latest within eight years of the naturalised person acquiring Swiss citizenship. A new two year limitation period begins after each investigative act that has been notified to the naturalised person concerned. The limitation periods are suspended during appeal proceedings.3 Subject to the same requirements, a naturalisation decision under Articles 9–19 may also be declared null and void by the cantonal authority.4 Nullity extends to all children whose Swiss citizenship is based on the naturalisation decision that has been declared null and void. Exempted therefrom are children who:a.at the time of the decision on the declaration of nullity are over the age of 16 and who meet the residence requirements of Article 9 and the personal requirements of Article 11; orb.would become stateless as a result of the declaration of nullity.5 After the declaration of nullity of a naturalisation becomes legally binding, two years must elapse before a new application for naturalisation may be made.6 The waiting period in paragraph 5 does not apply to children included in the declaration of nullity.7 The forfeiture of the identity documents shall be ordered when the declaration of nullity is issued.Chapter 2 Loss by Official Decree  Section 1 Relief of Citizenship  Art. 37 Request for relief and decision  1 Swiss citizens shall on request be relieved of their Swiss citizenship if they are not resident in Switzerland and hold or have been assured of another nationality. Article 31 applies mutatis mutandis.2 Relief of citizenship is granted by the authority in the canton of origin.3 Loss of cantonal and communal citizenship and thus of Swiss citizenship take effect on service of the certificate of relief of citizenship.Art. 38 Inclusion of children  1 Relief of citizenship also applies to minor children who:a.are under the parental care of the person relieved of citizenship;b.are not resident in Switzerland; andc.hold or have been assured of another nationality.2 Minor children who are over the age of 16 years are only included in the relief of citizenship if they give their written consent. Art. 39 Certificate of relief of citizenship  1 The canton of origin shall issue a certificate of relief of citizenship in which every person covered by the certificate is listed.2 The SEM shall arrange for the certificate of relief of citizenship to be served and shall notify the canton when the certificate has been successfully served.3 It shall postpone service if it is not expected that the person relieved of citizenship will be granted the foreign citizenship of which he or she has been assured.4 If the place of residence of the person relieved of citizenship is unknown, notice of relief of citizenship may be published in the Federal Gazette. Such publication has the same effect as service of the certificate of relief of citizenship.Art. 40 Fees  The cantons are entitled to charge fees to cover the costs of the procedure for relief of citizenship.Art. 41 Multiple cantonal citizenships  1 Swiss citizens with citizenship of two or more cantons may submit their application to any one of their cantons of origin.2 If one canton of origin decides on the application for relief of citizenship, Swiss citizenships and the citizenship of all the cantons and communes concerned is lost on formal service of the decision.3 The canton that has decided on relief of citizenship shall notify the other cantons of origin ex officio.Section 2 Revocation  Art. 42 The SEM may, with consent of the authority in the canton of origin, revoke the Swiss, cantonal and communal citizenship of a person holding dual nationality if his or her conduct is seriously detrimental to the interests or the reputation of Switzerland.Title 3 Declaratory Procedure  Art. 43 1 If there is doubt as to whether a person holds Swiss citizenship, the authority in the canton of which the citizenship has been called into question decides, on request or ex officio.2 The SEM may also request a decision.Title 4 Processing of Personal Data and Administrative Assistance Art. 44 Data processing  In order to fulfil its duties under this Act, the SEM may process personal data, including personality profiles and particularly sensitive data on religious beliefs, political activities, health, social assistance measures and administrative or criminal proceedings and penalties. It shall maintain an electronic information system for this purpose in accordance with the Federal Act of 20 June 20036 on the Information System for Foreign Nationals and Asylum Matters.6 SR 142.51Art. 45 Administrative assistance  1 In response to a written and justified request relating to a specific case, the authorities responsible for implementing this Act shall disclose to each other the data required to:a.decide on an application for ordinary naturalisation, simplified naturalisation or reinstatement of citizenship;b.declare a naturalisation null and void;c.decide on an application for relief of Swiss citizenship;d.issue a withdrawal of Swiss citizenship;e.issue a declaratory ruling about a person’s Swiss citizenship.2 In response to a written and justified request relating to a specific case, other federal, cantonal or communal authorities are required to disclose to the authorities responsible for implementing this Act the data required to carry out their duties pursuant to paragraph 1.Title 5 Rights of Appeal  Art. 46 Appeal to a cantonal court  The cantons shall appoint judicial authorities to act as the ultimate cantonal courts of appeal in relation to decisions to refuse ordinary naturalisation.Art. 47 Appeal at federal level  1 Appeals against final rulings by the cantons and against decisions by the federal administrative authorities are governed by the general provisions on the administration of federal justice.2 The cantons and communes concerned also have a right of appeal.Title 6 Final Provisions  Chapter 1 Implementation and Repeal and Amendment of Other Legislation Art. 48 Implementation  The Federal Council is responsible for implementing this Act.Art. 49 Repeal and amendment of other legislation  The repeal and amendment of other legislation are regulated in the Annex.Chapter 2 Transitional Provisions  Art. 50 No retrospective effect  1 The acquisition and loss of Swiss citizenship are governed by the law in force at the time that the relevant circumstances occurred.2 Applications made before this Act comes into force shall be processed in accordance with the previous law applicable up to and including the decision on the application.Art. 51 Acquisition of Swiss citizenship under the transitional law  1 A foreign child of a marriage between a Swiss mother and a foreign father whose mother held Swiss citizenship prior to or at the time of the child's birth may apply for simplified naturalisation if he or she has close ties with Switzerland.2 A foreign child born to a Swiss father before 1 January 2006 may apply for simplified naturalisation provided he or she meets the requirements of Article 1 paragraph 2 and has close ties with Switzerland.3 A foreign child born to a Swiss father before 1 January 2006 whose parents marry acquires Swiss citizenship as if from birth if he or she meets the requirements of Article 1 paragraph 2.4 The child acquires the cantonal and communal citizenship that the Swiss parent holds or last held, and thus Swiss citizenship.5 The requirements of Article 20 apply mutatis mutandis.Art. 51a7 Transitional provision to the Amendment of 30 September 2016  Third generation immigrants who are over the age of 25 but have not yet reached the age of 35 when the Amendment of 30 September 2016 to this Act comes into force and who meet the requirements of Article 24a paragraph 1 may apply for simplified naturalisation within five years of the said Amendment coming into force.87 Inserted by No I of the FA of 30 Sept. 2016 (Simplified Naturalisation for Third Generation Immigrants), in force since 15 Feb. 2018 (AS 2018 531; BBl 2015 769 1327).8 The correction of the Federal Assembly Drafting Committee of 21 June 2019 published  9 of July 2019 relates to the French and Italian texts only (AS 2019 2103).Chapter 3 Referendum and Commencement  Art. 52 1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement date: 1 January 201899 FCD of 17 June 2016.Annex (Art. 49)Repeal and Amendment of Other Legislation IThe Federal Act on Citizenship of 29 September 195210 is repealed.IIThe following federal acts are amended as follows:...1110 [AS 1952 1087, 1972 2819 No II 2, 1977 237 No II 2, 1985 420, 1991 1034, 2000 1891 No IV 1, 2003 187 Annex No II 1, 2005 5233 5685 Annex No 1, 2006 2197 Annex No 2, 2008 3437 No II 2 5911, 2011 347 725 Annex No 1, 2012 2569 No II 1]11 The amendments may be consulted under AS 2016 2561.