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:
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;
the long-term preservation of the building cannot otherwise be guaranteed; and
there are no overriding interests to the contrary.
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.
Other requirements of federal law and of cantonal law are reserved.