Decree on Cadastral Surveying - Content

1. Federal law defines the content and the requirements of the official surveying.

2. The government council may expand the content.

3. The municipalities may, with the consent of the cantonal office for geoinformation, expand the content of the official surveying at their own expense or impose additional requirements on the surveying.

1. The cantonal Office for Geoinformation is responsible for surveying supervision and issues the necessary technical and administrative directives.

2. Its specific responsibilities include

a) The coordination in the creation and use of spatial data inventories

b) The updating and maintenance of the components of official surveying

c) The maintenance of the national and cantonal boundaries

1. The Awarding of Work in Official Surveying to Third Parties is conducted by the competent department according to the Cantonal Submission Ordinance. The affected municipal community shall be consulted in advance if it bears the costs.

1. During initial surveys, boundary determination is conducted based on the cadastral maps.

2. Property owners are obligated to cooperate in the determination and adjustment of property boundaries. Boundaries that are impractical should be corrected wherever possible. For this purpose, minor boundary adjustments must be tolerated. If the boundary adjustment cannot be compensated by land exchange, it must be indemnified. In cases of contiguous construction, if there is doubt, the middle of the fire wall on the ground floor serves as the boundary.

3. Adjacent properties belonging to the same owners must be consolidated and marked as a single property, unless specific reasons prevent this and the encumbrances on the properties allow it.

4. A building should stand on only one property.

1. In case of initial surveys, the demarcation of boundaries marked on the ground must be publicly displayed for 30 days prior to marketing.

1. During the publication period, an objection to the boundary determination can be filed with the cantonal Office for Geoinformation.

1. The municipal boundary shall follow the property boundaries. In the event of relocations, the costs shall be borne equally by the two local municipalities. Disputes shall be decided by the governing council.

1. At state and cantonal borders, the view between neighboring boundary markers must be kept clear. The implementation is the responsibility of the adjacent municipal communities.

1. Fixed point markers shall be relocated at the expense of the canton if the landowners can demonstrate a legitimate interest.

2. The costs for relocations due to construction projects that serve the public shall be borne by the building owner.

1. Reference points and boundary markers must not be damaged, relocated, or removed without authorization.

2. The costs of restoration shall be borne by the parties responsible for the damage. If these individuals cannot be identified, the costs of restoring boundary markers shall be the responsibility of the landowners, while the costs associated with restoring reference points shall be the responsibility of the canton.

1. The Executive Council concludes multiyear program agreements with the Confederation, while the Cantonal Office for Geoinformation concludes annual performance agreements.

2. The implementation of the official surveying is based on the annual budgets.

3. The competent department orders the execution of individual surveys after consulting the local municipalities.

1. Verification of the work and its settlement with the federal government is carried out by the Cantonal Office for Geoinformation.

1. The public display of the initial survey and the renewal is governed by Article 28 of the Federal Council Ordinance on Official Surveying.

1. During the publication period, an objection to the boundary demarcation in the survey can be filed with the Cantonal Office for Geoinformation.

1. The plan for the land register and the additional extracts from the basic data set created for the purpose of maintaining the land register are subject to approval by the government council.

1. Concerning the costs incurred from the proper and economical fulfillment of the tasks for official surveying, the canton shall bear for initial surveys and renewals of

a) built-up areas and construction zones: 15%

b) agricultural and forestry areas: 25%

2. The government council may establish a special regulation under extraordinary circumstances.

1. The competent department shall decide on the approval of the cost shares.

2. It may approve the cost shares on a lump-sum basis.

3. The competent department shall order the disbursement of the approved cost shares after the verification of the work. Partial payments may be made based on the work performed and the available funds.

1. The data of the official cadastral survey is managed, updated, and distributed by the Cantonal Office for Geoinformation.

2. Plans, data, extracts, and evaluations may only be passed on to third parties by the recipients within the framework of the provisions concerning geoinformation.

3. The issuance of certified extracts by the Cantonal Office for Geoinformation is governed by the relevant provisions of the Federal Act on Geoinformation as well as the Ordinance on Official Surveying.

1. The periodic updating is governed by necessity and economic efficiency.

1. The Government Council may issue supplementary regulations.

1. This decree applies to all surveying projects whose recognition by the federal government occurred after January 1, 1997.

1. This Decree shall enter into force upon the enactment of the amendment to the Act on the Introduction of the Swiss Civil Code of August 31, 1998.

2. It shall be published in the Official Gazette and included in the cantonal legal collection.

3. It replaces the Decree on the Implementation of the Land Register Survey and the Introduction of the Federal Land Register of August 22, 1949.