Ordinance on the Land Register (VGB) - Purpose (VGB)

1. This Ordinance regulates

a) the introduction of the federal land register;

b) the cantonal land registry arrangements;

c) the ongoing management of the land register;

d) the maintenance of the land register using electronic data processing;

e) the organization of the land registry system;

f) the publication of the acquisition of ownership of real estate.

1. The authority responsible for the land register shall establish the federal land register.

2. To this end, it must undertake a comprehensive rectification of the legal relationships concerning the included properties.

1. The Purpose of the Rectification

a) the ascertainment and registration of unrecorded rights, particularly those legal relationships established before January 1, 1912, which are subject to mandatory registration under the provisions of the Civil Code (ZGB);

b) the verification of rights registered in the cantonal registers, the rectification of existing deficiencies, and the transfer of rectified rights into the federal land register;

c) the deletion of rights that are not eligible for registration and those that have lapsed.

1. The rectification shall be conducted under the supervision of the registrar of the land register or one of their deputies.

2. The council of state may appoint cantonal rectification officers who have a deputy function. They support the registrar or deputy registrar of the land register entrusted with the supervision of the rectification.

**1. Property Owners and Other Involved Parties Are Obligated to Participate in the Clearance Procedure.**

Property owners and other involved parties are obligated to participate in the clearance procedure. If a summons or request for participation is twice ignored without a valid excuse, the procedure will nonetheless continue.

**2. Authorities Are Obligated to Provide Necessary Information to Clearance Bodies.**

Authorities are obligated to provide necessary information for the execution of the clearance procedure to the clearance bodies free of charge.

**3. Surveying Bodies Are Similarly Obligated to Provide Necessary and Existing Data and Information.**

Similarly, surveying bodies are obligated to provide the necessary and existing data and information for the clearance procedure to the clearance bodies free of charge.

1. The costs of the settlement procedure shall be borne by the state.

2. No fees shall be charged for entries in the land register taken from the previous public books.

1. The authority responsible for land registry matters determines through a preliminary examination before each remediation hearing

a) Entries that are not to be remedied;

b) Entries, annotations, and claims that need to be remedied and require an agreement;

c) Impermissible and evidently meaningless entries that are to be deleted.

1. Negotiations must be conducted with the property owners and, where necessary, with the other parties involved concerning existing entries, annotations, and claims that need to be resolved according to the results of the preliminary examination.

2. Their willingness to settle the issues requiring resolution must be clarified, and the resolution should be carried out whenever possible.

3. If registered legal relationships require contractual renewal, amendment, or supplementation, and the parties involved cannot agree on these matters, the authority responsible for land registry matters shall refer the case for judicial resolution in accordance with Article 17, paragraph 1 of this regulation.

1. Registered Ancillary Rights Notes that cannot be deleted or converted according to Article 13 of this regulation shall be entered in the land register under the column for mortgage rights with the designation "Ancillary Rights Note".

1. Ownership conditions are to be verified and owner designations are to be completed.

2. If an ownership entry has not been updated as a result of an extrajudicial acquisition, the authority responsible for land registry matters shall instruct the acquirer to procure the necessary documentation and to register. If this instruction is not complied with, the entry may be effected ex officio at the acquirer's expense.

3. For properties for which there is no existing ownership entry, the acquirer must prove the acquisition of ownership based on an acquisitive prescription procedure in accordance with Article 662 of the Swiss Civil Code (ZGB).

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1. Registered legal relationships that do not require modification shall be transferred with their original registration date.

2. The following are deleted ex officio

a) Usufruct and rights of residence upon the death of the beneficiary;

b) Temporary easements and charges upon the expiration of time;

c) * ...

2bis. If an old-law entry is declared obsolete by a party involved or deemed insignificant by the land registry officer, and the beneficiary evident in the records refuses to grant approval for its deletion, legal proceedings pursuant to Art. 17 must be conducted.

2ter. Easements and charges, as well as pre-registered rights in the records that are not insignificant but are not capable of being registered under current law and cannot be converted into a registrable form by agreement, must be annotated in the land register (Art. 45 SchlT CC).

3. Other entries that have lost all legal significance or are not registrable are to be deleted according to Art. 964 CC or, if necessary, under Art. 976 CC.

4. If the beneficiary cannot be identified, the deletion order shall be posted during the public notice of the completion of the land register introduction at the office responsible for land registry matters.

1. On the occasion of the rectification of the real estate liens, the clearing agencies ensure that old-law liens are deleted and replaced by the establishment of a lien in accordance with the provisions of the Civil Code (ZGB).

2. The authority responsible for land registry affairs requires the submission of all lien certificates, insofar as they are to be annulled, updated, or examined. If this request is not complied with, the authority responsible for land registry affairs is relieved of any liability that may arise from the failure to register the amendment.

3. If lien certificates are missing, those entitled are to be requested to initiate the procedure for annulment in accordance with the provisions of the Civil Code (ZGB).

1. The registration of properties in the federal land register is carried out by creating the prescribed main ledger sheets.

2. The main ledger sheet numbers must correspond with the plot numbers assigned in the survey documents.

3. Main ledger sheets must be created for properties that belong to financial assets, as well as for those belonging to administrative assets and public property in common use (Art. 944 Swiss Civil Code).

1. Following the settlement of registered and reported rights, the rectification authorities shall issue a direct notice (delivery of a land register extract) to the involved property owners. Additionally, they shall publish a public call in the official publication medium, with reference to Art. 44 of the Final Title of the Swiss Civil Code of December 10, 1907 (Final Title SCC).

2. In the publication, the rectification authorities shall call upon the parties involved to

a) Register any existing but as yet unregistered rights to properties, and

b) Report any rights already registered but which have actually ceased to exist for deletion.

3. The registration period is 30 days from the date of publication.

4. Upon the unused expiration of the registration period as referred to in paragraph 3 of this Article, any ancestral claims as referred to in paragraph 2(a) of this Article shall be forfeited.

1. The application must include

a) the exact designation and description of the claim;

b) the designation of the legal basis - or if such is not known - the indication of since when the right has been demonstrably exercised;

c) the designation of the encumbered property;

d) the designation of the entitled property or the entitled person;

e) in the case of ground charges, the estimated total value;

f) in the case of mortgage rights, the indication of the pledge amount, debtor, and creditor.

2. The applications must be provided with an entry stamp and a consecutive number and collected in an orderly manner.

3. The clearing bodies shall process the received applications together with the involved parties according to the above provisions.

1. If, during the clearing procedure, the parties cannot reach an amicable agreement regarding the existence, content, extent, or priority of a right, the clearing bodies shall set a period of 60 days for the parties to initiate legal proceedings. The procedure shall be governed by the civil procedure law.

2. In the setting of the lawsuit deadline, it must be noted that if the deadline expires without action, the asserted claim will no longer be considered in the clearing procedure.

1. The authority responsible for the land registry assigns the claimant's role to

a) any claimant who asserts an unregistered right or requests the amendment of an entry;

b) any claimant who wholly or partially disputes a right registered in the cantonal land registry system;

c) the entitled party, when both parties or the rectification bodies in the rectification procedure demand the amendment of a registered right or when no agreement can be reached on the total value of a charge, which is a prerequisite for its registration.

1. The completion of the rectification works is to be announced by the rectification authorities in the official publication organ.

2. The publication must note that

a) * the rectified land register is available for public inspection for 60 days at the authority responsible for land register matters;

b) objections due to defects and inaccuracies can be raised to the rectification authorities within the inspection period;

c) rights that require registration but have not yet been registered must be declared; otherwise, from the date of the entry into force of the land register, they can no longer be asserted against bona fide third parties.

1. The consolidation bodies, together with the parties involved, settle the new claims in accordance with the provisions of this regulation.

2. The authority responsible for land registry matters will no longer act on claims that have already been addressed and will issue a contestable decision.

1. The remaining disputed property rights shall be, or shall become, secured ex officio by a provisional registration (Art. 961 Swiss Civil Code).

2. After the final resolution of the dispute, the provisional registration will be deleted and, if applicable, replaced by a definitive registration.

**1. The Adjustment Bodies shall inform the State Commission of:**

a) the completion of all registrations;

b) the resolution of objections;

c) the real rights pending before the civil court and secured in the land register by a provisional registration (Art. 961 SCC).

**2. The State Commission shall verify the accuracy of the land register system and enforce the federal land register.**

**3. Pending legal disputes concerning legal relations over real estate do not preclude the enforcement, provided that a provisional registration has taken place.**

1. The cleansing authorities publish the entry into force in the official publication organ. The notice must refer to the protection of good faith in the federal land register.

1. The provisions regarding the maintenance of the federal land register apply mutatis mutandis to the cantonal land registry facilities.

1. If the cantonal land register is maintained using electronic data processing, the entries for a property from the servitude, transfer of ownership, and mortgage registry are transferred to a main ledger sheet. The corresponding registry entries are closed.

2. The main ledger sheet is marked with an indication that it constitutes the cantonal land register.

1. The registration and modification of easements and real burdens shall be carried out by reproducing the essential content of the certificate of legal basis in the easement register.

2. The deletion shall take place by indicating the date and reference of the deletion authorization.

1. The Land Register management is governed in particular by the provisions of the Civil Code (ZGB), the Land Register Ordinance (GBV), as well as the following regulations.

1. The number for independent and permanent rights is to be determined with the surveyor and may no longer be used in the cadastral records for real estate.

1. All documents must be kept in chronological order and numbered according to the order number of the journal.

1. Upon establishment, mortgage bonds and land charge certificates must be consecutively numbered and entered into a register.

2. The register must specifically indicate

a) the type of real estate lien;

b) the pledge amount;

c) the date of issue;

d) the name of the owner;

e) the name of the creditor.

3. The consent of the debtor and the owner of the encumbered property to the delivery of mortgage bonds and land charge certificates, as well as the certificate of their delivery, must be preserved with the records.

1. The distribution of the pledge liability in accordance with Art. 833 and Art. 852 of the Swiss Civil Code is carried out by the land registry officer.

2. Similarly, if the residence of a creditor is unknown or relocated to the detriment of a debtor, the deposit of a payment can be made with the national treasury, provided that the debtor has a residence in the canton.

3. If multiple properties are pledged for the same claim, without establishing a collective lien, and the parties have not determined the distribution, the land registry officer shall reject the registration.

1. All records are to be permanently and appropriately preserved.

2. Documents are to be continuously recorded and secured electronically. Register entries, for which a main ledger sheet in the computerized land register has not yet been opened, must be secured and preserved on unalterable image or data carriers at least every five years.

1. The land register shall be maintained by means of information technology (electronic land register).

2. Reserved is the transition of the cantonal land register to the federal land register.

1. Personal data, which must be included in the registration documents in any case (Art. 51 GBV), will be stored electronically.

2. Additional personal data may be recorded electronically if they are necessary for the identification of the entitled person or for the fulfillment of the tasks of the land registry office.

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1. Data protection encompasses all technical and organizational measures to ensure that data is safeguarded against loss, theft, as well as unauthorized processing and access.

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3. The Office of Information Technology is responsible for the technical and organizational data security measures and for the prevention of

a) data losses,

b) the theft of electronic land registry data,

c) unauthorized processing via workstations and interfaces that do not have direct access to the land registry software,

d) access to land registry data by unauthorized persons, and

e) viruses and similar threats affecting the land registry data.

4. ...

Note: "Amt für Informatik" is translated as "Office of Information Technology" for comprehensibility, although it may vary depending on jurisdiction.

1. All data must be backed up daily, weekly, monthly, and annually according to the instructions of the Civil Commission. The monthly and annual backups are to be stored by the Office for Informatics outside the premises of the authority responsible for land registry matters.

2. The authority responsible for land registry matters shall provide the Confederation with the data for long-term preservation.

1. The engineer surveyors registered in the federal surveyor's register for Appenzell I.Rh., the cantonal tax administration, and the appraisal office may directly or indirectly access the data of the main register (property description, annotations, notices, easements, charges, personal data) that they need to fulfill their tasks.

2. The Commission of the Canton decides on the access of other persons to the land register data, which they need to fulfill their tasks. It issues a decision on the granting of access rights with the necessary conditions, enters into agreements with users regarding access rights, or authorizes an administrative organization to do so.

3. The logs of the executed accesses are viewable at any time by the authority responsible for land registry matters. The Commission of the Canton revokes access rights immediately if there is a justified suspicion that data is being misused, especially if the data is used for customer advertising.

1. The Regulatory Commission decides on the authorization of electronic commerce with the office responsible for land registration and the land register district, and publishes a corresponding directory on the Internet.

2. In electronic commerce, all documents required for registration must be submitted electronically. Mortgage certificates must be submitted in advance to the office responsible for land registration.

3. The Regulatory Commission determines, if necessary, the platform for the secure delivery of electronic documents.

1. The Professionals Commission confirms the designation of the certificate holder's function and the name of the organization.

2. It ensures that a qualified certificate is declared invalid if the certificate holder no longer exercises the function.

1. The governing commission determines whether and to what extent data from the ledger, accessible without proof of interest, will be made publicly available on the Internet.

2. It may restrict serial inquiries and establish the necessary provisions for this purpose.

1. Data Protection includes the protection of individuals against the unlawful processing and disclosure of land register data.

2. Data Protection is the responsibility of the authority in charge of land registry affairs.

1. For all authorities responsible for land registry management, the provisions of the Swiss Civil Code (ZGB) and the Ordinance on the Land Register (GBV) apply to the processing of personal data.

1. Additionally, data protection and data security are governed by the provisions of cantonal data protection legislation.

2. Subsidiarily, the provisions of the federal data protection legislation shall apply.

1. For the land register administrator and the deputies, the grounds for recusal are governed by the Administrative Procedure Act.

2. If a party wishes to assert a ground for recusal against the land register administrator or the deputies, it must inform him or them of this in a timely manner. If he or they do not acknowledge the ground for recusal, a decision subject to appeal to the Bar Commission will be issued.

3. If the land register administrator and the deputies are simultaneously recused, the Bar Commission shall appoint an extraordinary deputy.

1. The canton insures the employees of the office responsible for land registry affairs against claims for damages arising from incorrect land registry management.

1. Supervision of the Land Registry is the responsibility of the Legal Commission. It may issue directives.

2. It subjects the management of the office responsible for the Land Registry to regular supervision and inspection, takes appropriate measures, and sanctions breaches of official duties by the employees of the office responsible for the Land Registry in accordance with cantonal personnel law.

3. The Land Registry Inspection has the following main tasks

a) Reviewing the organization and management of the office responsible for the Land Registry;

b) Reviewing compliance with the regulations of the federal government and the canton applicable to land registry management and the related notarial activities, particularly through the random examination of records and their processing within the registry;

c) Reviewing the proper archiving of land registry data;

d) Providing general expert information on land registry issues.

1. The authority responsible for land registry matters shall publish the acquisition of ownership of real estate within a reasonable period.

2. The publication is to be made via the internet and in the official publication organ. The duration of the publication on the internet is 20 days.

1. The publication includes

a) the number, the area, the type and the location designation of the property as well as the type of buildings listed in the property description;

b) the names and the residence or place of business of the persons who are transferring the ownership and those who are acquiring it;

c) in cases of co-ownership, the share and in cases of condominium ownership, the value quota.

2. Not published are notably

a) the consideration;

b) the acquisition of small areas as well as minor shares or value quotas.

1. Land register facilities under processing are to be continued in accordance with the new law as of the entry into force of this regulation.

1. This regulation shall enter into force upon adoption by the Grand Council with the approval of the Confederation. Articles 32 - 42 additionally require authorization from the Federal Department of Justice and Police.