Act on Settlement and Residence (NAG) - Subject Matter (NAG)

1. This law regulates the registration, modification, and deregistration of natural persons upon settlement or residence in the municipal community and the maintenance of a cantonal residents' register.

1. The resident registration authorities of the local municipalities are responsible for

a) the registration, relocation, and deregistration procedures under residents registration law, and

b) maintaining the residents register.

2. The cantonal office responsible for resident registration oversees the residents registration system.

3. The cantonal migration authority is responsible for the migration law regulation of residency. It is the cantonal authority responsible for the implementation of the Foreign Nationals Act (AuG) and its implementing provisions according to Art. 88 para. 1 of the Ordinance on Admission, Stay and Employment (VZAE).

1. In this Act, the following terms mean

a) Establishment: When a person resides in a community with the intention of permanently remaining there, to establish the recognizable center of their life.

b) Residence: When a person stays in a community for at least three consecutive months and does not meet the conditions stated in subparagraph a.

1. Anyone who moves to a municipality for the purpose of establishing residence or staying, changes their residential address, moves within the same property, or moves away from the municipality, must report this to a resident registration authority within 14 days.

2. The resident or stay relationship terminates upon deregistration.

3. Registration, relocation, or deregistration can be carried out in person at the counter of a resident registration authority, in writing, or electronically.

1. The person required to register provides the residents' registration authority with truthful and complete information regarding the data to be recorded in the residents' register concerning

a) Identity;

b) Marital status;

c) Deregistration in the previous municipality of residence;

d) Administrative apartment number.

2. They prove the accuracy of their information in particular with the following documents or equivalent documents

a) Passport or identity card;

b) Driver's license issued in Switzerland;

c) Certificates of marital status;

d) Deregistration certificate from the municipality of departure;

e) Rental agreement or apartment certificate.

**1. If the person obligated to register fails to fulfill their reporting duties, the competent resident registration authority will, ex officio, carry out the registration, change of address, or deregistration at their expense.**

**2. The delinquent person is required to bear the additional costs incurred, unless they can demonstrate an unavoidable hindrance.**

**3. Persons who have caused an official action according to paragraph 1 and wish to reverse it must provide evidence that the official action was unjustified. In particular, they must prove where they have been residing.**

1. Any person who provides accommodation for a fee to an individual subject to registration, particularly by renting an apartment, must notify the Residents' Registration Authority within 14 days after the obligation to register or deregister arises, regarding moves, departures, and changes of residence.

2. If the obligation to register, transfer, or deregister pursuant to § 4 is not fulfilled, employers are required to provide the Residents' Registration Authority with the necessary information free of charge upon request concerning the employees working for them.

3. The Basel Industrial Works and other registry-maintaining entities, as well as landlords, property administrations, and accommodation providers, are obligated to provide the Residents' Registration Authority, free of charge and upon request, with the data according to the RHG that is necessary to determine and update a person's residential number.

4. Collective households according to § 2 lit. b of the Ordinance on the Introduction of the Federal Act on the Harmonization of Residents' Registers and Other Official Registers of Persons in the Canton of Basel-Stadt (Register Harmonization Ordinance; EV RHG) dated December 23, 2008, must report to the Basel Residents' Registration Authority by January 15 of the following year, all residents who have been in their collective household for at least three months as of the reference date of December 31 of each year.

1. Self-employed individuals without a permanent residence or domicile, who are not registered in the commercial register, must report their businesses or establishments to the Basel Resident Control Authority.

2. The registration period is 14 days from the start of operations.

3. In case of change or cessation of activity, a notification must be made within 14 days.

1. Public Authorities, in particular the Child and Adult Protection Authority, the Civil Registry Office, the Adoption Authority, the Authority for Penal and Enforcement Measures, as well as the Criminal, Civil, and Appellate Courts, are required to report data relevant to the maintenance of registers to the resident registration authorities.

1. The residents' register shall maintain the following data

a) the identifiers and characteristics pursuant to Art. 6 and 7 RHG of persons who have established residence or are residing;

b) curatorships that limit or revoke legal capacity;

c) guardianships over minors;

d) restriction notices.

1. Unless this law contains a different regulation, the disclosure of personal data by the competent resident registration authority is governed by the provisions of the Act on Information and Data Protection (Information and Data Protection Act; IDG) of June 9, 2010.

2. The resident registration authority is authorized to

a) disclose the necessary data to the responsible authorities for the publication of the Basel address book and the creation of population statistics. Considering the restriction of personal data disclosure pursuant to § 28 IDG, resident registration authorities are also authorized to disclose the necessary data for official documents of the municipalities;

b) exchange data regarding arrivals and departures, as well as changes of residence within a property, of residents with the registry offices of other municipalities, cantons, and with the federal authorities in electronic form according to federal requirements;

c) disclose to private individuals or organizations, upon written request, the surname, first name, address, and date of birth of individual persons. Additional data, excluding special categories of personal data, about individual persons may be disclosed if a legitimate interest is credibly demonstrated in writing;

d) disclose to private individuals and organizations, upon written request, the surname, first name, date of birth, and address of persons ordered according to specific criteria, who reside in the municipality, if the data is used exclusively for legitimate non-commercial purposes. The permissible criteria are exclusively age, gender, address, voting eligibility, and relocation.

3. The disclosure of personal data to private individuals and organizations is subject to the right to block access under the IDG.

1. The competent residents' registration authority may disclose the address data of selected residents necessary for contacting them for a specific research or prevention project to

a) public and private bodies and organizations that have been commissioned by the Confederation, the canton, or a municipality to carry out a specific research or prevention project; or

b) public-law research institutions for their research projects.

2. The recipient must commit, prior to the disclosure of data, to

a) use the address data exclusively for contacting individuals for the specified research project or preventative measure;

b) not disclose the address data to third parties; and

c) ensure information security.

3. The competent residents' registration authority may disclose the address data of selected residents necessary for conducting surveys as part of their legal duties to public bodies.

1. Anyone who, despite repeated requests, fails to comply with the statutory reporting obligations according to § 4 may be taken into police custody.

1. Whoever contravenes Sections 4, 5, 7, and 8 of this law shall be punished with a fine.

2. Articles 115 - 120 of the AuG remain reserved.

1. The competent residents' registration authority shall levy fees for administrative actions it undertakes in fulfillment of the tasks of this law.

2. The government council shall issue a fees ordinance.

3. The municipalities are authorized to enact their own fee regulations for their residents' registration authority.

1. Appeals against orders issued by cantonal authorities based on this law can be lodged with the competent department in accordance with §§ 41 et seq. of the Law concerning the Organization of the Executive Council and Administration of the Canton of Basel-Stadt (Organization Law; OL) dated April 22, 1976.

2. Appeals against orders issued by the Resident Registration Authorities of Riehen and Bettingen based on this law can be lodged with the competent municipal council.

1. The Executive Council issues implementing provisions for the enforcement of this law.

1. Documents that have been deposited with the resident registration authority under previous law shall be retained until they are released during the lifetime of the person concerned. In the event of deregistration, the documents still held shall be handed over upon the return of the residence or stay permit.