Facts
The municipality of Vals granted A.D., B.D. and C.D. (the project owners) a building permit for the construction of two holiday homes in the Leis area. The Helvetia Nostra association filed an appeal against this. The Federal Supreme Court upholds the appeal and revokes the building and objection decisions. The project owners claimed that the holiday homes were part of the "X. Resort" holiday resort and submitted a management contract with E. AG (operator of the X. Hotel). The municipality of Vals granted the building permit on the condition that the holiday homes be operated as touristically managed apartments within the framework of a structured accommodation business in accordance with Art. 7 para. 2 lit. b ZWG.Considerations
The Federal Supreme Court concluded that the legal requirements for the touristic management of second homes within the framework of a structured accommodation business pursuant to Art. 7 para. 2 lit. b ZWG and Art. 4 ZWV are not met:1. Lack of spatial proximity and unity The holiday homes in Leis are located at a great spatial distance of at least 3.5 km from the X. Hotel in Vals. Under these circumstances, it is unlikely that a majority of the guests will actually make use of the services and infrastructure offered by the hotel.
2. Insufficient control of the management The…