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2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law
Table of Provisions (8)
Statutory Text (8 Articles)
Annotation of Special Use Rights
The competent authority may annotate special use rights in the land register for public properties dedicated to public use, if there is a need for the annotation and the special use right has a longer-term effect.
Annotation of Direct Statutory Restrictions on Ownership
1 The municipal council can have the inclusion of specific properties in a legally binding development plan annotated in the land register.
2 In all other respects, public-law restrictions on ownership that arise directly from legal provisions or plans of the canton and the municipalities can only be annotated in the land register if the annotation is prescribed or declared permissible by a specific provision.
Annotation of Indirect Statutory Restrictions on Ownership
a) Principle
Indirect statutory public-law restrictions on ownership are to be annotated in the
Land Register if the annotation is prescribed or declared permissible by a specific
provision.
b) Individual Cases
By order of the competent authority, the following may be noted in the land
register as restrictions on ownership in the area of public building law, even
without a specific provision
a) the prohibition of misuse for communal motor vehicle parking spaces and
children's playgrounds;
b) the observance of the utilization ratio in the event of subsequent subdivision
or reduction in size of a plot of land and in the case of terraced housing;
c) accessory provisions associated with a permit (time limits, conditions,
obligations, and covenants), insofar as these accessory provisions are of a
longer duration and the notation corresponds to a need.
Registration of the Annotation
The competent authority shall register the annotation in the land register in writing with the land registry office, accompanied by the corresponding documents. It shall also inform the owners of properties to which the annotation relates in writing.
Costs
The land registry costs for the annotation are borne by the recipient of the concession or authorization.
The Cantonal Government shall draw up the list of annotation facts under cantonal law in accordance with Article 962 of the Swiss Civil Code and communicate it to the Federal Land Registry and Land Law Office.
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 upon its publication in the Official Gazette.7
3 Specific provisions regarding the annotation of public-law restrictions on ownership (Art. 2 para. 2 and Art. 3) require the approval of the Federal Council.
1 GS 17-376 with amendments of September 19, 2007 (PBG, GS 21-146l) and December 13, 2011 (Implementation Partial Revision of the Swiss Civil Code, GS 23-23c).
2 SRSZ 213.420.
3 Para. 1 as amended on December 13, 2011.
4 Lit. c as amended on September 19, 2007.
5 Newly inserted on December 13, 2011.
6 SR 210.
7 Amendments of September 19, 2007, entered into force on July 1, 2008 (Abl 2008 1314) and of December 13, 2011, on January 1, 2012 (Abl 2011 2676).