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217.200 CH-GR

Ordinance on Land Registry Office Fees - Scope of Application

19 Articles / Provisions · Switzerland · Canton of Graubünden
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Table of Provisions (19)

Statutory Text (19 Articles)

General Provisions

1. Fees are charged by the land registry offices for the registration in the land register as well as for additional services and expenses.

2. The fees for the official acts of the land registrar acting as a notary person are determined by the Notary Fees Ordinance.

General Provisions

1. Each land registry district is required to maintain accounts.

2. Fees accrue to the land registry districts. If a legal transaction pertains to multiple land registry districts, the fee will be calculated separately according to an agreement among the land registry administrators.

3. The land registry districts can either provide fixed salaries to the land registry administrators or allow them to retain the fees for their official acts (emolument system).

4. If the fees for drafting, public notarization, and registration of a property transaction together exceed the amount of 1,000 Swiss Francs, the land registry administrator operating under the emolument system must reimburse the excess amount to the land registry district.

General Provisions

1. The land register administrator may require advances to secure their fees and expenses.

General Provisions

1. The fee invoices shall refer to the provisions of this regulation that have been applied.

2. The land registry administrator may issue his fee invoices in the form of appealable orders.

General Provisions

1. Reports to superior administrative offices are to be submitted free of charge.

2. Fees may be reduced or completely waived for the needy, as well as for non-profit or charitable institutions, or on grounds of equity.

General Provisions

1. If the parties have not made a different agreement, they owe the fees jointly and severally.

2. For entries ordered by the authorities, the fees are to be collected from the owner.

General Provisions

1. Appeals against account rulings concerning land registry fees must be directed to the Department of Economic Affairs and Social Affairs within 30 days.

2. An appeal against the decision of the Department can be lodged with the Superior Court within 30 days.

Basis of Assessment

1. Multiple legal transactions contained in a contract that require various registrations, pre-notations, annotations, and deletions must be treated as separate land registry transactions.

Basis of Assessment

1. Fees shall be calculated based on the contract amounts, unless otherwise specified below.

2. If no contract amounts are established, the value to be determined for the fee collection shall be ascertained in consultation with the parties. If no agreement is reached, the parties shall be required, at their own expense, to provide a current official market value assessment, upon which the fee is to be based.

3. If a property is transferred based on a federally determined claim according to its income value, the fee shall be assessed based on this value.

Basis of Assessment

1. If this regulation lacks a fee provision, the fees for the actually rendered services shall be charged based on the time expended (Art. 18 lit. d) and the significance of the matter for the client. The minimum fee is 30 Swiss francs.

Fee Schedules

1. For the preparation of documents not requiring notarization, unless specific provisions are set forth below and subject to paragraph 2, the same fees as those for the registration in the land registry of the rights created therein shall be charged. The minimum fee in these cases amounts to 100 Swiss Francs.

2. Unless specific provisions are set forth below and the corresponding registration fees are determined based on the number of entries to be made, the fee for the preparation of the required written documents shall be charged in accordance with Article 10.

3. If a transaction that has been completely prepared does not proceed to signing, the fee designated for drafting the transaction shall be billed to the client.

Fee Schedules

1

a) Regulation on Condominium Ownership and Usage Rules for Co-ownership, including Addenda, considering Scope and Significance

1. Minimum CHF 100.-

2. Maximum CHF 1000.-

b) Registration of a Mortgage (from the Mortgage Amount): 0.5‰

1. Minimum CHF 100.-

2. Maximum CHF 7500.-

c) Certificate of Debt (Issuance of Title): 1‰

1. Minimum CHF 100.-

2. Maximum CHF 1000.-

d) Pre-emption Rights not Limited by Price: 1‰

1. Minimum CHF 100.-

2. Maximum CHF 15,000.-

3. Granting pursuant to Article 712c of the Swiss Civil Code: CHF 100.-

Fee Schedules

1

a) Transfer of Ownership (unless otherwise specified below): 1‰

1. Minimum CHF 50.-

2. Maximum CHF 15,000.-

3. For exchanges, 1 per mille of the value of only one of the two objects of exchange, and if they have different values, of the one with the higher estimated value.

b) Inheritance Transfer (based on the property value): 0.5‰

1. Minimum CHF 50.-

2. Maximum CHF 7,500.-

3. Subsequent inheritance transfer (second inheritance process), per sheet CHF 10.- (Minimum CHF 50.-)

c) Change of Joint Ownership Relationship (based on the property value): 0.5‰

1. Minimum CHF 50.-

2. Maximum CHF 7,500.-

d) * Division of Inheritance, Marital Agreement, Real Division of Properties in Co-ownership or Joint Ownership by Several Persons, Conversion of Co-ownership into Joint Ownership and vice versa (based on property value): 1‰

1. Minimum CHF 50.-

2. Maximum CHF 15,000.-

dbis) * Change of Ownership Entry due to Circumstances under the Merger Act: Merger, Split, Transfer of Assets per Property

1. Up to 5 properties each CHF 250.-

2. Each additional property CHF 100.-

3. Minimum CHF 500.-

4. Maximum CHF 3,000.-

dbis)' * Conversion per property: CHF 50.-

1. Minimum CHF 100.-

2. Maximum CHF 2,000.-

e) Entry and Exit of Members of a Company or Community to Joint Ownership (based on transfer value): 1‰

1. Minimum CHF 50.-

2. Maximum CHF 15,000.-

f) Amicable Agreement, Expropriation Decision and Acquisition by Prescription: 1‰

1. Minimum CHF 50.-

2. Maximum CHF 15,000.-

g) Parceling, Parcel Merger, Boundary Change, Area Plan, and Land Re-allocation, considering the scope and significance

1. Minimum CHF 50.-

2. Maximum CHF 5,000.-

h) Establishment of Condominium Ownership in Real Estates and Independent and Permanent Building Rights (based on total value: construction costs and land value for new buildings, official market value plus any construction costs for existing buildings): 1‰

1. Minimum CHF 50.-

2. Maximum CHF 15,000.-

i) Supplement to the Establishment of Condominium Ownership, considering the scope and significance of the supplement

1. Minimum CHF 50.-

2. Maximum CHF 5,000.-

j) Mortgage Right (based on the pledge amount): 1‰

1. Minimum CHF 50.-

2. Maximum CHF 15,000.-

k) Conversion of a Land Charge into a Mortgage Certificate and vice versa, Conversion of a Maximum into a Capital Land Charge and vice versa, as well as Renewal of Pledge Right

1. For the first sheet CHF 50.-

2. For each additional sheet CHF 10.-

l) Release of Pledge, Subordination Declaration, Empty Pledge Position, Reserved Proceeding, Change of Maximum Interest Rate, Change of Rank per sheet: CHF 10.-

1. Minimum CHF 20.-

2. Increase or change of pledge per sheet CHF 20.-

m) Easements and Encumbrances: Building Rights, Right of Residence and Usufruct or Encumbrance (based on twenty times the annual use value): 1‰

1. Minimum CHF 50.-

2. Maximum CHF 15,000.-

m)' Easements and Encumbrances: Other Easements: 1‰

1. Minimum CHF 50.-

2. Maximum CHF 15,000.-

n) Name Change

1. Per sheet CHF 10.-

2. Minimum CHF 20.-

Fee Schedules

1

a) Preemption, Purchase, and Repurchase Rights per Notice

1. for the first sheet CHF 50.-

2. for each additional sheet CHF 10.-

b) Other Notices and Annotations

1. per sheet CHF 10.-

2. Minimum CHF 20.-

Fee Rates

1

a) Per sheet CHF 10.-

b) Minimum CHF 20.-

Fee Rates

1. Creditor Change (for Lien)

a) per page CHF 10.-

b) Minimum CHF 20.-

Fee Schedules

1

a) * Extract from the electronic information portal (Land registry fee excluding external transaction costs)

1. Basic extract CHF 2.-

2. Extended extract CHF 5.-

3. Electronically certified extract CHF 50.-

4. Land registry extract in paper form per page CHF 25.- (Minimum CHF 50.-)

a)' * Extract in the form of a photocopy of the main ledger sheet from the paper land registry

1. First page CHF 25.-

2. Each additional page CHF 5.-

3. Minimum CHF 50.-

b) Notice of change of ownership

1. First notice CHF 30.-

2. Each additional notice CHF 15.-

c) Updating of mortgage certificates (including new issuance)

1. Minimum CHF 20.-

2. Maximum CHF 100.-

d) Rejection of a land registry application, time spent on reviewing drafts received, as well as time spent on inquiries, investigations, and services not listed in this tariff: according to the cantonal billing rate set for the 20th salary class per hour

e) Postage, telephone expenses, office costs, and travel expenses (the latter in accordance with cantonal reimbursement rates): calculated separately

f) Correspondence: according to hourly rate (Art. 18 lit. d)

Final Provision

1. This regulation shall enter into force on January 1, 2001, and replaces the Fee Ordinance enacted by the government on May 28, 1984.

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