Ordinance on Official Cadastral Surveying - Boundary Markers
Table of Provisions (20)
Statutory Text (20 Articles)
1. The placement of boundary markers can be waived with the approval of the cantonal Office of Geoinformation and under the condition that a compliant network of reference points is present
a) in areas requiring consolidation
b) along forest and field paths, with the exception of boundary points where boundaries meet
c) in areas where boundary markers are permanently at risk
2. Property owners may request that all boundary points of their properties be marked with boundary markers at their own expense.
3. The Office of Geoinformation determines the approved types of boundary markers.
4. Easements are generally not to be marked.
1. The public display is published by the Office for Geoinformation and conducted by the executing engineer-surveyor.
2. The display may be carried out together with the public display of the survey.
1. The surveying work shall be carried out as soon as possible after the marking.
1. Verification of surveying work is generally to be completed within one year after the completion of the work.
2. Identified defects must be rectified before the public disclosure.
1. The public display is published by the Office for Geoinformation and conducted by the executing engineer surveyor.
1. The approval of the survey documents by the Government Council occurs, in the case of initial surveys, based on the verification report as well as a certificate from the Office for Geoinformation regarding the completion of the public notice and the resolution of objections; in the case of renewals, based on the verification report.
2. Through the approval, the plans for the land register acquire the legal effect of public documents.
1. For the collection, notation, modification, and determination of the scope of application of local names (field names), the cantonal government may, if necessary, appoint a cantonal field names commission. Its members include
a) the cantonal surveyor (chairperson)
b) two members with philological-historical expertise
c) a secretary
2. The field names commission consults local experts to fulfill its duties.
3. Decisions of the field names commission are to be communicated to the affected local municipality.
1. The creation of the overview plan is the responsibility of the Office for Geoinformation.
2. Upon completion of the basic data set of the official survey, the overview plan shall be replaced by a corresponding generalized plan data set.
1. Extracts and documentations are maintained by the Office for Geoinformation.
2. Records not subject to updating are archived by the Office for Geoinformation. This is subject to cantonal regulations regarding the archiving of administrative records.
1. Reference points are to be noted in the land register upon the request of the Office for Geoinformation. They are to be inspected periodically, at intervals not exceeding 10 years. Any identified deficiencies must be corrected.
2. Threats to reference points due to construction measures must be reported to the Office for Geoinformation as early as possible in advance.
3. The Office for Geoinformation regulates the notification system.
1. Changes in the other levels of information, insofar as they are subject to a reporting or approval requirement, must be reported to the Office for Geoinformation by the competent authorities.
2. The Office for Geoinformation regulates the reporting system.
1. Boundary changes to parcels of land must be reported to the Land Registry Office by means of a survey document; changes in the information layers regarding land cover, pipelines, nomenclature, administrative division, as well as area corrections to parcels of land, must be reported in an appropriate form.
1. Survey documents must be executed in the land register by the parties within one year. If this does not occur within the specified time frame, the previous state of boundary marking and surveying may be restored at the expense of the orderer.
2. Before restoration, the land registry office must provide the orderer with a written deadline for the registration of the survey document in the land register.
1. The legally binding entry of boundary changes to properties in the official survey takes place based on the execution report from the land registry office.
1. The periodic updating is the responsibility of the Office for Geoinformation. The update period generally does not exceed 10 years.
1. The Office for Geoinformation is authorized to replace a legally binding plan for the land register.
1. The components of the official survey must be managed, secured, stored, and archived in such a way that their existence and quality are preserved permanently.
1. The Office for Geoinformation is the cantonal coordinating body for geobase data and aerial photography pursuant to Art. 27 LVV (Ordinance on National Surveying of May 21, 2008, SR 510.626).
2. Other entities wishing to conduct aerial photography shall report this to the Office for Geoinformation.
1. The following orders are repealed
a) the resolution of the government council regarding the surveying of state forests from August 29, 1925
b) the ordinance concerning the organization and fees of the Office for Geoinformation and the Cultural-Technical Service from February 15, 1930
c) the ordinance on the uniform designation and numbering of buildings from April 8, 1931
d) the instruction of the government council regarding the recording of local and field names for land register surveying in the Canton of Schaffhausen from June 17, 1931
1. This regulation shall enter into force on April 1, 1999.
2. It shall be published in the Official Gazette and incorporated into the cantonal legal collection.