Question juridique clé
Whether the second-home building permit had to be annulled under Arts. 75b and 197 no. 9 Cst.
Solution extraite
Yes. The permit was issued after entry into force of the constitutional rules; the project was an admitted second home and the municipality already exceeded the 20% threshold.
Motifs extraits
A permit granted after 11 March 2012 is subject to Art. 75b Cst.; permits issued after 1 January 2013 are null, while earlier non-compliant permits are merely voidable. Here, the challenged permit was issued on 20 December 2012, so it was voidable and had to be annulled.