Dismissal of the Appeal against the Imposition of the Primary Residence Obligation

Facts

In 2015, the siblings [A.A.] and [C.B.] constructed a two-family house in Waltensburg/Vuorz (now the municipality of Breil/Brigels) with the condition that the apartments be used as primary residences. The apartment on the upper floor was assigned to [A.A.] . After the death of their mother [D.A.] , who lived in the apartment on the upper floor until the end of 2020, the municipality of Breil/Brigels requested that [A.A.] comply with the primary residence obligation again. [A.A.] filed an appeal against this.

Considerations

The Federal Court dismissed the appeal. It stated that the municipality had rightly obligated [A.A.] to use the apartment as a primary residence again after the death of her mother. A renewed suspension of the primary residence obligation pursuant to Art. 14…