Implementing Ordinance on Official Cadastral Surveying (VVAV) - Purpose (VVAV)

1. This regulation governs the renewal, maintenance, utilization, and cost allocation of the officially recognized cadastral survey for the entire cantonal territory, as well as the implementation of the ordinance on geographic names dated May 21, 2008.

1. The Executive Council is responsible for supervising the official surveying.

2. It agrees with the Federation on the long-term program of the surveying projects.

1. Insofar as no other cantonal enforcement authority is determined in this ordinance and the jurisdiction does not arise from other cantonal enactments, the competent department shall enforce the legislation concerning official surveying.

2. It is specifically responsible for

a. the management and supervision of the official surveying;

b. the designation of the surveying supervision, which is responsible for verification;

c. the agreement of the annual program with the federation;

d. the publication and monitoring of the issuance of plans, data, and records of the official surveying;

e. the issuance of instructions within the framework of federal regulations;

f. the coordination of other projects for the collection of geospatial data with the official surveying.

1. The government council appoints a cantonal Nomenclature Commission consisting of five to seven members and designates the secretariat. It includes an official land registry administrator and a maintenance surveyor ex officio, as well as a rotating member from the respective municipality.

2. ...

1. Municipal Surveying Authority is the Municipal Council.

1. The government council appoints one or more cadastral surveyors and concludes an administrative contract with them. They must hold an engineer surveyor license and be registered in the surveyor register.

2. The cadastral surveyor must obtain adequate liability insurance to cover damages caused in their official capacity.

3. The cadastral contract is concluded for a period of three years; it is extended annually if it is not terminated with one year's notice at the end of a calendar year.

1. The tasks for renewals and land consolidations within the scope of official surveying may be assigned to other licensed and registered professional surveyors or qualified surveying experts.

1. Property owners are required to have their land marked and measured.

2. They must in particular

a. Grant access to their property to the persons tasked with carrying out the survey;

b. Tolerate the establishment, maintenance, and upkeep of survey markers and allow them to remain unchanged; significant permanent damages will be compensated according to the principles of expropriation law.

1. Cantons, municipalities, and permanent users may collect additional layers of information, such as building lines, zoning boundaries, or utility lines, based on official surveying (Art. 5 VAV).

2. In addition to the data from the official surveying, easements may also be represented in the cadastral map, provided they are clearly defined in terms of location; Article 732 paragraph 2 of the Swiss Civil Code (ZGB) remains reserved.

1. The Government Council, within the framework of the program agreed with the federal government and in consultation with the municipalities, determines when the renewal of individual information levels or specific areas will be carried out in each municipality.

1. The Mutation Certificate (Art. 25 para. 1 VAV) is issued based on a prior demarcation and measurement of the new boundary points or a new boundary between existing boundary points.

1. With the consent of the landowner, the installation of boundary markers may be temporarily waived if the boundary markers would be endangered by impending construction activities or cannot be installed for other important reasons. In such cases, the boundaries will be provisionally determined based on plans or other suitable foundations.

2. After the completion of construction work or the removal of the important reason, the boundaries must be marked. If any boundary changes occur that result in a second mutation, a corresponding land register application must be made by means of a public deed.

1. If changes for which a mutation deed has been created are not registered in the land register within one year, the registrar of the land registry shall issue a reminder setting an appropriate deadline for registration. After the lapse of this period without action being taken, a reversion will occur at the cost of the involved parties.

2. Unprocessed mutations shall be declared invalid ex officio by the cadastral surveyor.

1. Property owners must report to the cadastral surveyor any changes that affect the content of the plan for the land register.

2. The competent authorities or offices must also report to the cadastral surveyor

a. the completion of new constructions and extensions, as well as facilities and works, immediately after the building inspection; the demolition of buildings and facilities;

b. mutations registered and expired in the land register as well as registered changes of ownership of properties;

c. changes to the areas designated as independent and permanent rights;

d. changes in the forest road network as well as new afforestation and clearings;

e. road constructions carried out outside land consolidation with public contributions;

f. structural changes to water bodies and projected conditions, insofar as these must be included in the survey according to federal law;

g. overhead high-voltage lines and pipelines according to Art. 6 para. 2 VAV.

1. The duty of the maintenance surveyor is the ongoing updating and preservation of the official survey. He must record within a year any changes reported to him pursuant to Art. 14 of this ordinance. Unreported changes are recorded when they come to his attention.

2. The maintenance surveyor must also

a. maintain the survey control points of category 3 (polygon points);

b. carry out the reversions.

3. If property boundaries that are also sovereign boundaries are altered or built over, the maintenance surveyor must propose a boundary adjustment to the affected municipalities.

4. Only the maintenance surveyor is permitted to carry out the maintenance work in his maintenance area.

1. Foreseeable damage or removal of fixed point markers must be reported to the maintenance surveyor; applications for relocation must also be submitted to them.

1. The cadastral surveyor is responsible for correcting errors in the official survey.

2. In the event of boundary errors, he prepares a correction plan and has it signed by the landowners. If the signature is refused, a judicial decision may be obtained in accordance with Art. 975 para. 1 or 976 para. 3 of the Swiss Civil Code.

1. The Executive Council determines the timing and the area of the periodic updates in consultation with the municipalities.

1. Upon completion of a surveying operation that affects the rights of a multitude of property owners, the municipal council shall publicly display the plan for the land register and other extracts created from the basic dataset for the purpose of land registry management for a period of 30 days.

2. The commencement, location, and duration of the display must be published in the official gazette.

3. If only individual property owners are affected in their rights, the announcement in the official gazette and the public display may be replaced by a written notification with reference to the right of access and the possibility of objection.

1. Property owners affected in their rights, whose address is known in Switzerland, shall be informed in writing by the municipal council about the publication and the legal remedies available to them.

2. Upon request, the property owner shall be provided with an excerpt copy of the plan for the land register.

1. Objections to the surveying and to the field name designation must be submitted in writing and with justification to the municipal council during the public notice period.

2. Objections to field names are decided by the Nomenclature Commission; all other objections are decided by the municipal council.

1. Based on the verification report of the cantonal surveying authority and the report of the municipal council on the planning submission, the government council approves the surveying work.

1. The data and records of the official survey are kept and secured by the updating surveyor.

1. The responsible party and the landowner must report any damage, relocation, or removal of boundary markers to the cadastral surveyor. The cadastral surveyor shall restore the boundary marker.

2. Unreported deficiencies must be remedied during the execution of mutation orders.

1. The cadastral surveyor is responsible for the maintenance of the components of the official survey.

2. They perform the maintenance work within the scope of the update contract.

1. The competent department shall issue directives on data management and data security.

1. The canton insures the components of the official survey by entering into insurance contracts.

1. Original files may not be released. Exceptions are granted by the competent department.

1. The competent department designates the offices responsible for preparing and issuing extracts and evaluations (data and plans) from the cadastral survey.

2. The government council may transfer the right to manage, issue, and use data to third parties. It regulates the details by contract.

1. The competent department regulates by decree the direct access with information technology to the data of the official survey.

1. The Council of Ministers issues a fee schedule for the provision of data and evaluations of official surveying, as well as for direct access to this data, after consulting with the municipalities.

1. Authorization Authority as per the Ordinance on the Commercial Use of Official Surveying Data is the competent Department.

1. The awarding of official surveying work is carried out in accordance with cantonal procurement regulations.

2. Until the enactment of cantonal regulations, the provisions of the federal procurement ordinance shall apply mutatis mutandis.

1. The costs remaining after the deduction of contributions from the federal government, long-term users, and any third parties shall be borne by the canton.

2. ...

3. The competent department shall review requests for partial payments and the final account of the contractors and shall arrange, upon request, for the disbursement of partial payments and the final payment by the state treasury within the limits of the credits included in the state budget.

1. The individual tasks of updating are calculated according to a fee schedule approved by the Council of State.

2. The costs of updating the official survey are borne by the party responsible.

3. The competent department examines the updating accounts either on its own initiative or upon request.

1. The Surveyor Issues the Invoice. He is responsible for the collection of costs that are charged to the property owner.

1. The costs remaining after the deduction of federal contributions for the establishment, maintenance, and updating of the survey control points of categories 2 (signals) and 3 (polygon points) shall be borne by the canton. The right of recourse of the public authority against the party causing the damage is reserved.

1. The costs for the maintenance and restoration of boundary markers are borne by the landowners. The landowner's right of recourse against the party causing the damage remains reserved.

2. The landowners who have caused the demarcation of new boundaries are responsible for the costs of marking them.

1. The maintenance and placement of special canton and municipal boundary markers shall be the responsibility of the involved cantons or municipalities, respectively.

1. The costs remaining after deduction of the federal contribution and any contributions from third parties for the periodic updating shall be borne by the canton.

1. The costs for management, verification, and accounting shall be borne by the canton.

1. The Nomenclature Commission

a. designates, after consulting the municipal inhabitants, the geographical names to be included in the official survey and determines their spelling as well as their spatial and factual scope;

b. maintains the Obwalden Directory of Names and makes it publicly accessible;

c. ensures the harmonization of street names;

d. charges fees for its activities; authorities and official agencies are exempt from these fees.

2. The geographical names of the official survey must be used in official communications.

1. The municipal council is responsible for the determination and designation of localities and, after consultation with the nomenclature commission, designates the streets.

1. A supervisory complaint against the conduct of the cadastral surveyor may be filed with the competent department.

2. Appeals against orders and decisions of the municipal council, the nomenclature commission, and the competent department can be filed in writing and with reasons provided to the government council within 20 days from notification.

3. The government council has full review authority.

1. Upon the entry into force of this Implementing Regulation, the following are repealed

a. the Regulation on Marketing and Cadastral Surveying of January 28, 1936;

b. the Regulation on the Maintenance of Cadastral Surveys of December 5, 1959;

c. Art. 1 of the Implementing Provisions on the Collection and Spelling of Local Names of July 5, 1983.

1. Existing public law contracts with persons who must be registered in the Geometer Register shall remain valid, provided that the registration in the Geometer Register is completed within the time limit set by Article 41 paragraph 4 of the Ordinance of May 21, 2008, on Professional Land Surveyors. Otherwise, the public law contracts shall be terminated at the earliest possible date.

1. The Executive Council determines when this Implementing Ordinance comes into force. It is subject to an optional referendum.