2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 214 Geoinformation / Official Surveying (KÖREBKV)

Cadastre of Public-Law Restrictions on Landownership (ÖREB Cadastre)

1 The subject of the Cadastre of Public-Law Restrictions on Landownership (ÖREB Cadastre) is the ÖREB data specified in Art. 3 of the ÖREBKV.

2 ÖREB data consists of

a) the geobasic data specified in the annexes to the Ordinance on Geoinformation of 21 May 2008 (GeoIV) and the Ordinance on the Cantonal Geoinformation Law of 18 December 2012 (KGeoiV);

b) the associated legal bases and regulations for the restrictions on landownership;

c) other useful information and references (Art. 3 ÖREBKV).

Applicable Law

1 To the extent that this Ordinance contains no specific provisions, the provisions

of the Ordinance on the Cadastre of Public-Law Restrictions on Landownership

and the Ordinance on the Cantonal Geoinformation Act shall apply.

2 If federal law assigns a specific competence to a federal agency, this competence

shall lie, at the cantonal and communal level, with the agency responsible in the

relevant specialized area for the collection, updating, and management of the

ÖREB data.

II. Organization

Cadastre-Maintaining Authority

1 The Office for Geoinformation (AGI) is the authority responsible for maintaining the cadastre.

2 Its tasks include, in particular

a) Introduction, operation, and maintenance of the cadastre;

b) Issuance of standards and directives regarding technical and organizational aspects of the ÖREB data and data exchange;

c) Definition of work processes for the data acquisition procedure according to Art. 8 ÖREBKV in collaboration with the competent specialized agencies;

d) Determination of the information depth of the cadastre according to Art. 4 ÖREBKV and § 6 KGeoiV regarding the cadastre requirements in collaboration with the competent specialized agencies;

e) Verification of the specifications for the provided ÖREB data according to Art. 6 ÖREBKV;

f) Establishment and operation of the cadastre infrastructure according to Art. 9 and Art. 17 para. 3 ÖREBKV;

g) Reporting to the Federation in accordance with the program agreements.

3 The Department of Environment may wholly or partially transfer the maintenance and operation of the cadastre to third parties by means of a service agreement.

Competent Authority

1 The accuracy of the content of the ÖREB data must be ensured by the competent cantonal and municipal authority.

2 For technical controls, the testing instruments designated by the cadastral office are to be used.

Access to the ÖREB Cadastre

The cadastral office ensures the display and electronic delivery of extracts from the cadastre via the cadastral infrastructure.

III. Entry into the Cadastre and Extracts

Deadlines for the Provision and Updating of ÖREB Data

1 The competent specialist agencies must provide the digital ÖREB data, prepared for a decision, to the cadastral authority in accordance with instructions.

2 Following the entry into force, newly created documents and data must be submitted digitally to the cadastral authority within 20 days.

Additional Information

1 In addition to the mandatory contents of the cadastre, further geobasis data may be presented as non-binding information.

2 Information regarding ongoing changes to public-law restrictions on ownership may be linked with the content of the cadastre.

Confirmation by the Specialist Body

1 The competent specialist body confirms to the cadastral office that the ÖREB data meet the requirements pursuant to Art. 5 ÖREBKV.

2 For the confirmation, the cadastral office provides technical means.

Authentication

Excerpts from the land register are not authenticated.

IV. Financing

1 The canton shall bear the costs for the establishment and operation of the cadastre infrastructure and the administration of the cadastre data.

2 The competent specialist agencies shall bear the costs for the collection, provision, and updating of the ÖREB data and the updating of the associated legal provisions and legal bases, as well as the delivery of this data to the cadastral office for inclusion in the cadastre.

V. Final Provisions

Introduction of the Cadastre

The cadastre must be introduced by December 31, 2019.

Commencement

1 This Ordinance shall be published in the Official Gazette and, upon its entry into force, shall be included in the Collection of Laws.

2 It shall enter into force on 1 October 2017.8

1 GS 25-6 with amendments of 3 June 2020 (RRB Adaptation of various enactments due to the reorganisation of the Department of the Environment, GS 26-7e).

2 SR 510.62.

3 SR 510.622.4.

4 SRSZ 214.110.

5 SR 510.620.

6 SRSZ 214.111.

7 Para. 1 as amended on 3 June 2020.

8 OJ 2017 2089; amendments of 3 June 2020 entered into force on 1 July 2020 (OJ 2020 1478).