Cantonal Land Register Ordinance (kGBV) - Competent Department (KGBV)

1. The supervision of the land registry is exercised by the Cantonal Council through the Department of the Interior and Security.

1. The Department of Internal Affairs and Security is specifically responsible for the organization and execution of land registry inspections. For this purpose, it appoints a land registry inspector. The land registry inspector has direct authority to issue directives to the land registry offices.

2. The land registry inspector has the following specific duties

a) Review of the organization and management of land registry offices;

b) Verification of compliance with the regulations of the federal government and the canton that are crucial for land registry management and the related notarization activities, particularly through spot checks of documents and their processing in the land registry;

c) Collection of statistical data;

d) Checking the proper archiving of land registry data;

e) Providing general specialist information on land registry matters.

1. A person may be elected as a land register administrator or deputy if they have a certificate of competence in land registry management. Long-standing practice in land registry law is recognized as equivalent.

2. The Department of Internal Affairs and Security may authorize a municipality to employ staff with limited signing authority. The authorization specifies the areas of signing authority. The activities of these staff members are carried out under the responsibility of the land register administrator.

1. Contracts on the Cooperation of Municipalities in Land Registry Matters Shall Be Submitted to the Department of the Interior and Security for Information.

1. The computerized land register is managed with the software TERRIS. The Department of Interior and Security authorizes the management of the land register by means of computerization when there is assurance of the proper application of the computerized land register as well as data security and data protection.

2. The Department of Interior and Security ensures that the land registry offices have the necessary professional support for managing the land register by means of computerization. It can issue directives.

1. The municipalities ensure the adequate storage and security of the data of the computerized land register.

2. The municipalities provide the data for long-term preservation to the federal government via the interface in accordance with Art. 949a para. 3 Swiss Civil Code (ZGB) at least once a year. The Department of the Interior and Security may issue directives.

1. The ledger data that can be accessed without proof of interest according to Art. 970 para. 2 of the Swiss Civil Code (ZGB) shall be made publicly accessible on the geoportal of the canton; birth data are excluded. The municipalities shall make the data available free of charge.

1. The Department of the Interior and Security appoints a private service provider to ensure access to the land registry data through a retrieval procedure. It concludes an appropriate agreement with this party.

1a. The access rights of cantonal and municipal authorities as defined in Art. 28 para. 1 lit. a GBV are specified in the annex. Based on this, the Department of the Interior and Security grants access to those individuals who require the data to fulfill their legal duties.

1b. The private service provider concludes agreements directly with other users pursuant to Art. 28 para. 1 GBV, governing the modalities of enhanced electronic access according to federal law. Excluded from this are attorneys registered in the lawyers' register.

2. The logs of the accesses made are accessible to the land registry offices at all times and are to be regularly reviewed by them. Requests for access to the logs by authorized individuals must be directed to the competent land registry office.

1. For the establishment of access, the cantonal or municipal authority submits a substantiated application to the Department of Internal Affairs and Security.

2. With the establishment of access, user accounts are assigned. These are attributed to natural persons and may only be used by them.

3. The Department of Internal Affairs and Security determines the method of user identification and the requirements for the password.

1. Authorized cantonal and municipal bodies shall take measures to ensure compliance with data protection regulations. They have the following obligations in particular

a) They shall ensure that access is not misused and that data is not made accessible to unauthorized third parties.

b) They shall inform users of the provisions associated with granting access to ensure data protection and ensure compliance with these provisions.

c) They shall maintain a list of user accounts and submit it to the Department of Internal Affairs and Security once a year.

d) They shall immediately report changes to the Department of Internal Affairs and Security, particularly regarding user departures and changes in function.

e) They shall provide the Department of Internal Affairs and Security with the necessary information and grant access to the required documents.

1. In the case of unlawful data processing, the Department of Internal Affairs and Security shall immediately revoke access rights.

2. If there is suspicion of unlawful data processing, electronic access will be suspended until clarification.

1. The Department of Internal Affairs and Security shall decide for which land registry offices electronic commerce is permitted. It shall determine the delivery platform.

2. In electronic commerce, the mixed submission of electronic documents and those in paper form is permissible.

1. The Department of Internal Affairs and Security issues confirmations pursuant to Art. 44 para. 3 GBV.

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

1. If a legal transaction pertains to properties in multiple land registry districts of the canton, the application may be submitted in any of these districts.

2. The land registry office that receives the application shall prepare the necessary copies for the other affected offices and request them to join in the registration. The joint registration must be promptly confirmed in writing to the requesting land registry office.

3. Confirmation of the registration will be given to the applying person only once the registration has been executed in all the participating land registry offices.

4. The total fee according to Art. 12 Sec. 8.6 lett. e of the Law on Municipal Fees is collected by the land registry office that received the application and distributed among the involved municipalities.

1. Transferable and inheritable partial rights in private law corporations (alp rights, cow rights, stoss rights) are recorded in the land register as real property. Separate land register sheets must be established for them.

2. Instead of recording them as real property, a separate partial rights register may be maintained. The regulations for the establishment and maintenance of the federal land register apply analogously to the establishment and maintenance of the partial rights register.

1. Municipalities may maintain a servitude protocol as a cantonal auxiliary register for easements and real burdens.

2. Where no servitude protocol is kept, it must be ensured by other means that the properties involved in the easement or real burden and the content of the legal relationship can be easily determined at any time.

1. If the land register application is submitted informally in accordance with Art. 48 para. 2 of the Land Register Ordinance (GBV), the name of the calling person, their function, the designation of the authority or court, the date and time, as well as the content of the application must be recorded immediately. The protocol must be included with the documents.

1. Co-ownership Relations Concerning Structures Overlapping Each Other or Constructions on Foreign Land (Art. 670 Swiss Civil Code, Art. 96 Para. 2 Ordinance on Land Registration) Can Be Registered as an Easement.

1. In the computerized land register, a register of mortgage certificates is maintained as a cantonal auxiliary register. The following must be entered therein

a) newly created mortgage certificates;

b) temporarily submitted mortgage certificates;

c) invalidated and declared null and void mortgage certificates.

2. The delivery of mortgage certificates may only occur against a receipt. The receipts must be organized and kept for at least ten years.

1. Invalidated pledge titles that have not been requested for return by the landowner must be retained for ten years.

2. The landowner must acknowledge receipt of the delivered pledge title.

3. In the event of the reissuance of a pledge title pursuant to Article 152 paragraph 2 of the Land Register Ordinance, the cancelled title shall not be handed over to either the creditor or the landowner.

1. Notifications to Mortgage Creditors must be prepared in duplicate. The duplicate must be retained for ten years.

**1. Municipalities periodically publish, at least once a year, the acquisition of property ownership in the official publication organ or on their homepage. The following are not published:**

a) Acquisition of plots without buildings up to 100 m² within the building zone and up to 500 m² outside the building zone;

b) Separate disposals of co-ownership or joint ownership shares of less than 10% of the total property;

c) Separate disposals of small units in condominium ownership such as garage boxes, parking spaces, hobby rooms, etc., as well as changes in value quotas up to one-tenth of the previous quota;

d) Land transfers for road corrections without buildings;

e) Land reallocations;

f) Transfers of ownership between spouses and registered partners as well as between parents and descendants.

**2. The publication includes the following information:**

a) Name, first name, and domicile or company and registered office of the disposing and acquiring party;

b) Date of the original acquisition by the disposing party;

c) Property number and local designation;

d) Building number;

e) Area;

f) Content of an independent and permanent right;

g) Co-ownership or value quota.

1. Upon application by the land registry office, the government council orders the public reorganization procedure according to Art. 976c of the Swiss Civil Code for a specific area if

a) the circumstances have changed de facto or de jure, and as a result, a large number of easements, notices, or annotations have become completely or largely obsolete;

b) there exist unclear legal relationships concerning real estate, particularly regarding their private law access or in the case of easements exercisable in a locally restricted manner, where their location can no longer be determined.

1. The Land Registry Office reviews, with the parties involved, the easements, pre-emptive rights, and annotations regarding their current legal and factual significance as well as their clarity. It presents the parties with a proposal for rectification.

2. The rectification proposal identifies the easements, pre-emptive rights, and annotations to be deleted, those that remain unchanged, and those to be rectified for each property involved, as well as the rephrasing and clarifications. It includes new or corrected plan attachments, as far as required according to Article 732, paragraph 2 of the Swiss Civil Code.

3. The rectification proposal signed by the parties involved serves as the legal basis for the rectification of the land register.

1. The costs of the public remediation procedure are to be borne equally by the affected property owners and the municipality.

2. The Department of Internal Affairs and Security must be informed upon the conclusion of the procedure.

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3. Documents related to land registry entries that were maintained on paper before the introduction of the computerized land registry are archived with the municipalities.