2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law (IK-GBV)

Principle

1 In the Canton of Schwyz, the Land Register is maintained uniformly by means of information technology (computerized Land Register).

2 For this purpose, the data of the paper-based Land Register is transferred into electronic form (initial capture) and maintained in this way (operation).

3 The Cantonal Government, in consultation with the districts and the supervisory authority, determines the software and interfaces used in the Canton of Schwyz.

Data Initial Entry

1 The sequence, start, and desired duration of the data initial entry in the land

register districts will be mutually agreed upon between the responsible land

register administrators, districts, and project management within the framework

of the project organization for the introduction of the IT Land Register in the

Canton of Schwyz.

2 The replacement of the paper land register occurs continuously with the validation

of an initially recorded property or municipality by municipality on a specific date,

in each case by the competent land register administrator.

Formal Rectification

1 Entries will be deleted or corrected *ex officio* in the course of initial data entry, insofar as this is permissible under land register law and possible with reasonable effort.

2 The authorities and bodies involved are obliged to cooperate.

3 Costs arising from the formal rectification procedure for data from the cantonal land register may be allocated in accordance with the legislation on the introduction of the federal land register.

Servitudes and Land Charges

When first registering servitudes and land charges, the keywords will be adapted to the needs of computerized land registration while preserving their content.

II. Technical Implementation Provisions

Interfaces

1 Technical interfaces shall be established, provided their benefit is demonstrated and their technical implementation does not violate any applicable regulations concerning data protection and data security.

2 In particular, these may be interfaces to personal data, geodata, or goods valuation data.

3 The Government Council shall determine the interfaces in consultation with the districts.

### Personal Data

In addition to the personal data specified in Art. 13 para. 1 and Art. 90 para. 1 lit. a LCR, the following data, if available, may be retrieved from a central personal data management system and entered into the registers

a) the OASI [Old Age and Survivors' Insurance] insurance number,

b) the primary key of the source system as a foreign key,

c) (repealed)

d) the civil status,

e) the matrimonial property regime.

Official Surveying and Building Attributes

1 The data model of the official surveying of the Canton of Schwyz, in accordance with the

Technical Ordinance on Official Surveying, can be supplemented in the land cover layer

by a more detailed building attribution.

2 The Cantonal Council shall decide on the design thereof after consulting the districts, the

Office for Geoinformation, and the Real Estate Valuation Department of the Tax Administration.

3 Any costs for the initial acquisition of this data shall be borne by the districts, while

maintenance shall be borne by the respective client.

Electronic Access

Within the possibilities offered by the computerized land register in the Canton of Schwyz, the data from the main register that can be accessed without proving a legitimate interest, according to Art. 26 para. 1 lit. a LRO, are publicly available on the internet.

Extended Access

1 The Government Council is responsible for concluding special agreements

on extended access with the persons listed in Art. 28 para. 1 GBV.

It may delegate its competencies.

2 The agreements regulate the details according to Art. 29 GBV, the cost implications

according to the tariff of fees for notaries and land registry administrators as well as freelance

certifying officers11 and any further modalities (e.g., user profiles).

Missuses in Data Retrieval

1 The admissibility of queries is governed by Art. 26 et seq. LTR.

2 The Land Register Inspector is responsible for reviewing the protocols and

ordering sanctions in cases of abusive processing of the retrieved

data (Art. 30 paras. 2 and 3 LTR).

III. Organization and Operation

Operation of the Computerized Land Register

1 The computerized land register is operated and further developed jointly by all districts under a cantonal license.

2 A user group and an operations group shall be formed, which shall ensure mutual information, coordination, and training, as well as address technical and operational questions, decide on the limitation of access via the internet geodata server, and determine the stance of the cantonal representation on matters concerning the operation and further development of the computerized land register.

3 District representatives shall have the right of veto in matters with financial implications.

4 The Cantonal Government shall regulate the organization and composition in coordination with the districts in rules of procedure.

Professional Supervision

1 The Cantonal Court

a) issues the necessary professional directives to the land registrars for the initial data capture and the maintenance of the land register using IT means,

b) can set a deadline for the completion of the initial data capture.

2 The Land Registry Inspectorate

a) supervises the introduction of the IT land register in the Canton of Schwyz,

b) drafts and proposes the necessary professional directives,

c) reports annually to the Cantonal Court on the status of the initial data capture and the operation of the IT land register.

Costs

1 The costs arising from the joint management of the land register using IT tools shall be borne proportionally by all districts.

2 Each district shall bear the costs of initial data entry and those costs arising from additional projects of the respective district itself. These shall be reported annually to the administrative office for the purpose of full cost accounting.

3 The Department of Security shall submit a cost distribution key to the Government Council for decision, after consulting the districts.

Data Security

1 While the land register is maintained using information technology, the software

operator is responsible, within the framework of the concluded contracts, for operational

security and the safeguarding of data.

2 Long-term archiving is carried out according to the specifications of the Federal Office

for Land Register and Land Law.

IV. Transitional and Final Provisions

Continuance of Existing Law

1. The paper land register shall continue to be maintained under the existing law until its replacement.

2. The provisions of the Law on the Purging of Real Rights, the Establishment and Maintenance of the Federal Land Register, in particular §§ 49 et seq., shall apply mutatis mutandis to the computerized land register.

Publication and Entry into Force

1 This Ordinance shall be published in the Official Gazette and included in the Collection of Laws.

2 It shall enter into force retroactively on 14 December 2005.16

1 GS 21-62 with amendments from 17 June 2008 (GS 22-22e), from 13 December 2011 (implementation of partial revision of the Civil Code, GS 23-23a), from 17 December 2013 (Government Council decision adapting to new cantonal constitution, GS 23-97) and from 3 June 2020 (Government Council decision adapting various enactments due to the reorganisation of the Department of the Environment, GS 26-7b).

2 Version of 13 December 2011.

3 SR 211.432.1.

4 SRSZ 210.100.

5 Repealed on 13 December 2011.

6 Version of 13 December 2011.

7 Para. 2 in the version of 3 June 2020.

8 SR 211.432.21.

9 Version of 13 December 2011.

10 Heading and paras. 1 and 2 in the version of and former paras. 3 and 4 repealed on 13 December 2011.

11 SRSZ 213.512.

12 Paras. 1 and 2 in the version of and former para. 3 repealed on 13 December 2011.

13 Para. 3 in the version of 17 June 2008.

14 Para. 2 in the version of 17 December 2013.

15 SRSZ 213.410.

16 Abl 2006 517; amendments from 17 June 2008 entered into force on 1 July 2008 (Abl 2008 1339), from 13 December 2011 on 1 January 2012 (Abl 2011 2676), from 17 December 2013 on 1 January 2014 (Abl 2013 2974) and from 3 June 2020 on 1 July 2020 (Abl 2020 1478).