Cantonal Ordinance on Official Cadastral Surveying (kVAV) - Purpose (KVAV)

1. This ordinance regulates the implementation of federal and cantonal legal provisions regarding

a) official surveying;

b) geographical names;

c) building addressing.

1. Insofar as this ordinance does not contain any specific provisions, the Federal Act on Geoinformation (kGeoIG) and the Cantonal Geoinformation Ordinance shall apply.

1. Competent Department in the sense of the kGeoIG and this Ordinance is the Department of Construction and Economic Affairs.

1. The Office for Spatial Planning and Forestry operates a specialized department for surveying.

2. The specialized department for surveying is responsible for the execution of official surveying, insofar as surveying tasks are not assigned to engineer surveyors or qualified surveying professionals.

3. It may issue technical and administrative directives.

1. Cantonal Survey Supervision is the Federal Directorate of Surveying.

2. The Department of Construction and Economic Affairs regulates, in coordination with the competent federal authority, the details of the tasks of survey supervision and the reimbursement of costs by agreement.

1. The Government Council divides the cantonal territory into one or more maintenance districts. It takes into account the concerns of the municipalities.

2. The Government Council assigns one or more maintenance districts to a surveying company, which can ensure the execution of the work by a licensed surveyor who is registered.

3. The allocation of the maintenance districts is for a duration of no more than ten years.

1. The competent department concludes a contract with the land surveying company and the professional land surveyor.

2. The contract governs the rights and obligations of the parties.

1. The office responsible for updates is specifically accountable for

a) the continuous updating of the components of official surveying;

b) the management of the components of official surveying;

c) the certification of extracts from the geospatial data of official surveying in both analog and digital form.

1. As cantonal extensions of the federal data model, the following information is determined

a) the overview map of official surveying;

b) all extensions of the information layers according to Art. 6 para. 2 VAV from the difference between the data model of the Canton of Appenzell Ausserrhoden (DM.01-AV-AR) and the federal data model (DM.01-AV-CH);

c) the information layer of contour lines;

d) the information layer of easements.

1. The canton and the municipalities may create aerial images and orthophotos for the fulfillment of their legal duties.

2. The Surveying Office is the competent authority pursuant to Art. 8 kGeoIG for aerial images and orthophotos of cantonal interest.

3. The Surveying Office may enter into agreements with the federal government and other cantons for the joint creation, updating, and ensuring the availability of aerial images, orthophotos, as well as the products derived therefrom.

1. The canton provides historical maps of cantonal interest.

2. The Office for Surveying is the competent authority according to Art. 8 of the Cantonal Geographic Information Act (kGeoIG).

1. The alteration of municipal boundaries requires approval by the cantonal government.

2. Adjustments to the cantonal boundary are the responsibility of the cantonal government.

1. As part of the renewal or updating of the property information layer, impractical boundary lines should be rectified in consultation with the land registry office where possible.

2. The rectification of boundary lines requires the consent of the affected property owners.

1. The authority responsible for updating resolves discrepancies between the official surveying plans and reality or between these plans themselves ex officio.

2. The resolution of discrepancies must be publicly posted. Articles 18 and 19 apply mutatis mutandis.

1. The boundary points shall generally be marked with boundary markers.

2. Special boundary markers shall be placed at important points of the cantonal boundary and municipal boundaries.

3. The Surveying Department, in consultation with the Surveying Authority, shall determine the type, nature, and size of the boundary markers.

**1. The Installation of Boundary Markers Should Generally Be Waived:**

a) in areas where the boundaries are permanently and clearly identifiable due to natural or artificial demarcations;

b) in areas where properties, as well as independently designated areas of permanent rights, need to be consolidated;

c) for properties and independently designated areas of permanent rights where the boundary markers are permanently endangered by agricultural use or other influences.

**2. The Surveying Authority May, in Consultation with the Surveying Expertise Center, Determine Additional Cases in Which Boundary Markers Can Be Completely or Temporarily Waived.**

1. The authority responsible for maintenance replaces missing or damaged boundary markers ex officio.

2. The adjacent property owners shall bear the costs in equal parts, unless the costs can be attributed to the party responsible.

**1.** If renewal works and specific adjustments affect owners in their property rights, the responsible department shall make the plan for the land register and further excerpts created for the purpose of land registry from the official survey data publicly available.

**2.** The period for public inspection is 30 days. The start, duration, and location of the inspection must be published in the official gazette along with information on legal remedies.

**3.** The affected property owners, whose addresses are known, must be notified in writing about the public inspection and the legal remedies available to them. The notification includes the property description.

**4.** Upon request, the affected property owners shall be provided with an excerpt copy from the land register plan.

**5.** The public inspection can be waived if all affected property owners whose rights are impacted give their written consent.

1. Any person whose tangible rights are affected by the surveying work may file a written objection with the competent department during the publication period. The objection must include a request and a justification.

1. The Government Council approves the data of the official survey and the extracts derived from it after the first instance resolution of objections, regardless of civil disputes that need to be resolved.

1. Authorities responsible for updates must report changes to cadastral objects

a) The competent municipal authorities: construction and demolition permits (including their expiration due to non-use) as well as changes to public roads, paths, and squares;

b) The cantonal civil engineering office: structural changes to cantonal roads and public waters;

c) The Office for Spatial Planning and Forestry: structural changes to forest roads (excluding forestry fine development), forest determinations, clearings, and afforestations;

d) The cantonal surveying supervision: structural changes in accordance with federal legislation.

2. Property owners must report other changes to cadastral objects to the authority responsible for updates.

3. The report must be made within 14 days after the completion of

a) The approval process for a planned change to cadastral objects;

b) The construction work in case of changes to cadastral objects.

1. The cadastral information level shall be updated immediately; the projected buildings and building addresses shall be updated within one month, and the other levels generally within three months from their notification.

2. The fixed points information level shall be updated within the scope of periodic updates.

1. The Land Registry Office issues mutation orders for the information levels of properties and easements to the office responsible for the updates.

1. The Surveying Authority, in consultation with the Survey Supervision, determines the substantive and spatial scope as well as the timing of the periodic updating of the individual information layers.

1. Definitive entries related to the information level of real estate may only be made in the cadastral survey after notification of completion from the land registry office.

2. The land registry offices and the authorities responsible for maintenance are accountable for ensuring that the land registry and the cadastral survey correspond accurately. They are obliged to provide each other with the necessary information free of charge.

3. Furthermore, the competent department may issue instructions regarding the transactions between the authorities responsible for maintenance and the land registry office.

1. The Surveying Specialist Office issues instructions, in coordination with the Surveying Supervision, regarding

a) the management of cadastral plans, other extracts created for the purpose of land registry management, and the technical documentation;

b) the storage and archiving of the components of official surveying;

c) the storage and archiving of extracts for land registry management.

2. The archiving of components of the official surveying under the old system is governed by the Archive Act[6].

1. The Surveying Office ensures access to and utilization of official surveying data and provides extracts and analyses.

2. The Surveying Office may designate additional data distribution points.

3. The office responsible for updating certifies extracts from the geobase data of official surveying in either analog or digital form.

1. The authority responsible for updating collects the costs from the municipality, which handles the collection from the responsible party or the property owner, respectively.

2. An appeal against the determination of the updating costs by the municipality can be filed with the competent department within 20 days from the delivery of the invoice.

1. The fees for the ongoing updating of the components of the official surveying are determined according to the agreement between the Conference of Cantonal Surveying Offices and the Association of Swiss Engineer Surveyors (IGS) concerning the Fee Ordinance 33, as of 2009 (HO 33).

2. Updating tasks not included in HO 33 are billed separately. Any external costs incurred due to the assignment are passed on. The hourly rates for the various categories, as recommended for application by the Coordination of Federal Building and Real Estate Bodies (KBOB), apply.

3. The tariffs are adjusted annually according to the application factors or hourly rates published by the Federal Directorate of Surveying or the KBOB.

4. The responsible department regulates the details.

1. The Government Council appoints a Nomenclature Commission consisting of at least three members. It is composed of experts in onomastics and official surveying.

2. The Nomenclature Commission is the cantonal authority for the geographical names of the official survey. It reviews these names in accordance with Art. 9 GeoNV. It consults the affected municipality.

3. The competent department approves the geographical names of the official survey.

1. The Government Council submits proposed changes to municipality names to the Federal Office of Topography for preliminary examination and approval according to the GeoNV.

2. It informs the Federal Office of Topography of changes in accordance with Article 18 of the GeoNV.

1. The Government Council determines, after consulting the affected municipalities and the postal service, the locality and establishes its boundaries, name, and spelling. It reports changes in the perimeter to the Federal Office for Topography.

2. It submits intended determinations and changes of locality names to the Federal Office for Topography for preliminary examination and approval according to the GeoNV.

1. The names of streets, roads, lanes, squares, and designated areas (e.g., areas named after field names) must be unique and easily distinguishable within the locality.

2. The spelling of street names is governed by the recommendation of the Federal Office for Topography.

1. The competent municipal authority decides on new or amended street names.

1. Every building within the municipal area in which people reside or work shall be assigned at least one building address.

2. The building address consists of a street name, a house number, and a locality. The combination of street name and house number must be unique within each locality.

1. House numbers shall use distinct numbers and not insurance numbers.

2. The assignment and format of house numbers shall otherwise follow the recommendation of the Federal Office of Topography.

1. The municipality communicates new or changed building addresses (street names and house numbers) within 14 days after the issuance of the building permit or the respective decision to the following entities in particular

a) the owners and residents;

b) the authority responsible for updating;

c) the office for surveying;

d) the insurance company of Appenzell Ausserrhoden;

e) the postal service, in the case of buildings with mail delivery.

2. The office for surveying communicates the designated street names to the cantonal surveying supervision and the Federal Statistical Office.

1. The municipality is responsible for the signage of street names and house numbers.

2. Street signs must be installed so that they are clearly visible to all users of the street.

3. House numbers must be affixed to the building so that they are clearly visible from the street. If this cannot be ensured, additional signs must be installed in an appropriate location.

1. The allocation of update districts in the official surveying shall first take place on January 1, 2017, or at the time of an early arising vacancy.

2. The offices responsible for the updates, which are in charge at the time of the entry into force of this ordinance, shall carry out their duties until the date according to paragraph 1.