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

Scope of Application

1 This Ordinance regulates, in particular

a) the work of surveyors in the official surveying (OS);

b) the connection of surveyors to the canton's update infrastructure;

c) the communication between surveyors and the Land Registry Office;

d) the communication between the Office for Geoinformation (OGI) and the Land Registry Office;

e) the provision of data.

2 It applies to the following surveying quality standards

a) semi-graphic surveys (SG);

b) partially numerical surveys (PN);

c) fully numerical surveys under old law (FN);

d) provisional digitizations (PD), surveys under old law;

e) fully numerical surveys under new law (Official Surveying 93/ OS93).

## Terms

In this Ordinance

a) **Mutation Plan and Mutation Table:** Mutation plan and mutation table within the meaning of Art. 66 of the FDD Technical Ordinance on Official Surveying of June 10, 1994 (TVAV) constitute the mutation deed according to Art. 25 para. 1 VAV;

b) **Property Description:** the property description within the meaning of Art. 65 TVAV is prepared for properties as well as for independent and permanent rights;

c) **Mutation Documents:** they consist of the mutation plan, the mutation table, and the property description;

d) **Mutation Files:** they consist of the mutation documents and other files necessary for the creation of the mutation (e.g., calculation files);

e) **Cultivation Boundaries:** data from the information levels land cover and individual objects (with the exception of buildings and building parts) that are subject to a reporting system;

f) **Canton's Maintenance Infrastructure:** technical infrastructure as well as financial, administrative, and organizational provisions that serve the implementation, application, and enforcement of the provisions in the area of ongoing maintenance and provision of official surveying data;

g) **Ik-Land Register:** Computerized Land Register of the Canton of Schwyz.

Competent Authority

1 The authority responsible for official surveying is the Office for Geoinformation (AGI).

2 The AGI approves those official surveying data which undergo no change in legal force through processing.

3 The Government Council regulates the fees for the activities of the AGI.

Surveyors

The professional duties of surveyors apply in accordance with Art. 22 of the Ordinance on Engineer Surveyors of 21 May 2008 (GeomV).

Disputes

1 In disputes between a surveyor and a client regarding an invoice or between the AGI and a surveyor regarding contractual matters, the civil legal process shall be pursued.

2 In disputes between the Land Registry Office and the surveyor, the Cantonal Court shall decide.

Liability

Geometers and qualified surveying professionals according to § 26 para. 1 KGeoiG are liable for the correct performance of work in official surveying, ongoing maintenance, and data provision, subject to deviating provisions in ongoing service contracts, in accordance with the Code of Obligations (OR).

**II. Demarcation and Maintenance**

Boundary and Control Point Markers

1 The FSO specifies the permissible materials for boundary and control point

markers.

2 It issues requirements regarding the execution of boundary monumentation and

the marking of control points of categories 2 and 3 within the meaning of Art. 47

TVAV.

Notice of Control Point Works

The surveyor must timely notify the affected landowners of the establishment,

securing, and maintenance of horizontal and vertical control points and inform

them of their obligations under Articles 20 and 21 of the Federal Act on Geoinformation

of 5 October 2007 (Geoinformation Act).

Preservation and Maintenance

1 The geodetic control points (planimetric and altimetric) and the sovereign border points on the cantonal border must be permanently preserved.

2 The AGI ensures the maintenance of control points of category 2 and geodetic control points (planimetric) of category 3.

Municipal Height Reference Points

Municipalities may establish municipal height reference points of Category 3 at their own expense.

III. Renewal

### Renewal Without Public Display

1 If landowners are not affected in their real rights by a renewal as a result of recalculation, no public display is to be carried out.

2 The surveyor, after consultation with the municipality and the AGI, informs those landowners whose area measurement has changed.

IV. Geographical Names in Official Surveying

The collection of new, and the alteration or deletion of approved geographical

names of the official survey must be discussed by the municipality with the Nomenclature

Commission.

V. Areas with Permanent Ground Movements

Declaration Procedure

1 If, during work in the official survey or during work by the Office for Forest and Nature (AWN), areas with permanent ground displacements according to Art. 660a of the Civil Code (ZGB) are identified, the AGI initiates the procedure for demarcating these areas.

2 The AGI invites the AWN as well as the affected municipalities and districts to submit a report.

3 The perimeter plan for areas with permanent ground displacements according to Art. 67 TVAV will be publicly displayed analogously to the procedure for initial surveys according to § 33 KGeoiG.

Exclusion and Annotation in the Land Register

1 The Department of Environment submits an application to the Government Council for the exclusion of areas with permanent soil displacements according to Art. 660a para. 1 of the Swiss Civil Code (ZGB).

2 Based on the legally binding enactment, the AGI, in accordance with Art. 660a para. 3 ZGB, notifies the Land Registry Office regarding the affected properties to record the annotation "Area with permanent soil displacements" in the Land Register.

VI. Ongoing Maintenance

1. Mandate and Modalities

Engagement of the Surveyor

1 The landowners or authorized persons commission a surveyor with changes concerning the content of the official survey

a) Mutations of boundaries;

b) Mutations of buildings;

c) Mutations of other cultural boundaries (e.g., roads and paths);

d) Reconstructions of boundary points.

2 The competent permitting authority reports constructions and installations after the issuance of the building permit (projected objects according to Art. 8 para. 1 TVAV) and after the building inspection for updating.

3 The surveyor is furthermore commissioned with the following updates

a) by the competent authority

1. Forest demarcations, clearings, and afforestations;

2. Protected areas (raised and fens);

3. New establishment and restoration of

– Control points of category 2 and horizontal control points of category 3;

– Vertical control points of category 3;

4. Changes of sovereign boundaries.

b) by the utility owner

Construction and demolition of pipelines within the meaning of Art. 7 para. 1 lit. g TVAV.

Reporting Obligation to the FSO

1 The Land Registry Office reports the following processes to the FSO for the purpose of data updating

a) monthly the execution of mutations;

b) monthly the changes of ownership;

c) immediately the rejection of mutations;

d) other processes concerning the content of the official survey.

2 The reports are submitted electronically.

3 The FSO may commission a surveyor with the updating.

Connection to the Canton's Cadastral Surveying Infrastructure

1 The surveyor performing ongoing cadastral surveying work in the Canton of Schwyz must connect to the canton's cadastral surveying infrastructure.

2 The AGI shall conclude an agreement with the surveyor regarding the fees and modalities for connecting to the cadastral surveying infrastructure.

3 The surveyor must submit an annual report to the AGI by the end of January of each year, covering the previous year, in addition to the available data from the canton's cadastral surveying infrastructure.

Fiduciary Administration

1 The original data of the official survey and the associated docu-

ments, as well as the documents of surveys under the old law, are the property

of the Canton.

2 The surveyor who is connected to the Canton's updating infrastructure

manages the original data and documents of the official survey in a fiduciary

capacity on behalf of the Canton.

Updating During Ongoing Cadastral Surveying Work

1. A client may choose a different surveyor for a mutation during ongoing work in accordance with § 24 para. 2 lit. a KGeoiG.

2. The surveyor commissioned with the mutation must coordinate the updating work with the surveyor who is carrying out the work according to § 24 para. 2 lit. a KGeoiG.

2. Updating Procedures

Updates to Surveys of Old Order

1. Fully numerical surveys under old law (VN) are to be updated fully numerically according to the applicable federal and cantonal standards for the AV93 quality standard, particularly in the layers of land cover and individual objects.

2. For semi-graphical (HG) and partially numerical (TN) surveys, parcels and buildings are to be updated with calculated points.

Numbering

The Federal Office of Justice (FOJ) issues specifications concerning numbering, particularly for

a) mutations;

b) properties;

c) independent and permanent rights;

d) buildings.

Owner and Land Parcel Registers

The AGI ensures the updating of the owner and land parcel registers of the cadastral survey (CS) for those municipalities that are not yet completely and legally registered in the Ik-Grundbuch (land register).

Fixed Points and Sovereign Boundary Points

1 The surveyor must immediately report missing fixed points of categories 1 and 2, as well as sovereign boundary points, to the AGI.

2 If, during ongoing update work, new positional fixed points of category 3 need to be established that cannot be assigned to a specific cause/originator, this must be agreed upon in advance between the surveyor and the AGI.

3 The AGI coordinates the reconstruction of missing sovereign boundary points.

Deadlines

The surveyor carries out mutations of buildings and cultivation boundaries within

the following deadlines

a) projected buildings and facilities within four weeks after receipt of the building

permit;

b) definitively executed buildings and facilities as well as cultivation boundaries within twelve

months after the building acceptance or other notification.

Control by the AGI

1. The AGI verifies mutation files on a random sample basis for their compliance with the regulations on official surveying.

2. It can request additional documents necessary for control and verification from the surveyor free of charge.

3. Special Cases

Road Mutation

1. In the case of road mutations, a mutation is created for the road parcel and, as a rule, for every affected adjacent parcel.

2. The surveyor coordinates the procedure with the Land Registry Office.

Overhanging Structures and Installations

If, during a mutation, it is determined that a structure or installation overhangs an

adjacent property, the surveyor shall notify the affected property owners

and the Land Registry Office thereof, and draw attention to the provisions of

Articles 673–675 of the Swiss Civil Code.

Notification of Real Estate Mutations to Municipalities

1 The surveyor sends a copy of the mutation documents to the municipality in the event of real estate mutations.

2 The municipality reports the necessary annotations to the competent land registry office for registration in the land register.

Bearing of Costs for Subsequent Updates

If missing, altered, or to be deleted data in the official survey needs to be

subsequently updated, the costs shall be borne by

a) the landowner, if the building and installation were constructed, altered, or demolished less than ten years ago;

b) the competent licensing authority for older buildings and installations.

### Succession Mutation

1 If a back-mutation or the amendment of a pending mutation necessitates changes

to a succession mutation, the client of the succession mutation shall bear

the resulting expenses and costs.

2 The surveyor shall inform the client about the foreseeable expenses

and cost implications.

VII. Business Transactions Between Official Surveying and Land Register

Data Access

1 The Cantonal Council grants authorization for data access to the electronic land

register in accordance with Art. 28 of the Land Register Ordinance of 23 September

2011 (LRO) to

a) the AGI;

b) surveyors who have a connection agreement to the canton's update infrastructure;

c) surveyors working on behalf of the canton.

2 It regulates with the users the details of the access authorization and the cost

implications according to Art. 29 LRO as well as §§ 10 and 11 of the Ordinance

on the Initial Recording and Management of the Land Register by Electronic Means

of 14 March 2006 (eLRO).

Land Parcel Identifier E-GRID

1 The E-GRID according to Art. 16 et seq. of the Technical Ordinance of the FDJP and the DDPS concerning the Land Register of June 6, 2007 (TGBV) is assigned to the land parcels by the land registry offices.

2 The maintenance of the E-GRID is carried out by the surveyor as part of ongoing maintenance.

Mutation Documents and Records

1 The surveyor submits the mutation documents to the Land Registry Office as follows

a) documents for plot mutations, such as properties and independent and

permanent rights, immediately after their creation;

b) documents for building and cultivation boundary mutations, quarterly.

2 At the same time, the surveyor provides the AGI with an original copy of the mutation documents and

the further mutation records.

Set-off of Building and Cadastral Boundary Mutations

The Land Registry Office shall invoice the surveyor for his expenses incurred for building and cadastral boundary mutations per parcel, in accordance with § 5 para. 1 no. 17 of the Schedule of Fees for Notaries and Land Registry Administrators as well as Freelance Certifying Officers of January 27, 1975, for those municipalities that cannot be maintained via the electronic interface between the official surveying and the Land Registry Office (AVGBS).

Recirculation

1 The Land Registry Office must inform the AGI about mutations that have not been completed within twelve months and commission the executing surveyor with the recirculation.

2 The costs of the recirculation or annulment are borne by the client of the uncompleted mutation.

3 The surveyor informs the client, when preparing the mutation documents, about the deadline for the completion of the mutation at the Land Registry Office and the cost implications.

Rejection by the Land Registry Office

If the mutation documents are deficient, the Land Registry Office shall return the mutation to the land surveyor.

**VIII. Extracts and Evaluations of the Official Survey**

Data Delivery

1 The AGI provides the electronic data via the Canton's download service (GeoShop).

2 The AGI regulates the details of data delivery, particularly through land surveyors and qualified surveying professionals.

3 The land surveyor who has connected to the Canton's update infrastructure must submit an annual business report to the AGI by the end of January each year, detailing the type and number of data deliveries in the previous year, in addition to the available information from the Canton's download service.

Overview Plan, Base Plan, and Other Cantonal Surveying Data

1 The overview plan, the base plan, and the other cantonal surveying data are provided electronically in the usual formats.

2 The description of the data is governed by Art. 35 VAV.

Excerpts for Building Permit Applications

1 Excerpts for building permit applications must be signed by the surveyor or by qualified surveying personnel.

2 The surveyor shall, without being prompted, report the persons authorized to sign to the Land Registry Office (AGI).

3 The Land Registry Office (AGI) shall provide the municipalities with an updated overview of the persons authorized to sign.

IX. Transitional and Final Provisions

Continuous Updating

1 Mutations initiated by the cadastral surveyor before this Ordinance came into force must be completed by that surveyor.

2 Updates of inspected buildings and facilities in accordance with § 15 para. 2 of this Ordinance, which were reported to the surveyor before this Ordinance came into force, must be completed by that surveyor.

3 The mutations and updates according to paragraphs 1 and 2 shall be charged in accordance with the Ordinance on Services and Remuneration of Cadastral Surveyors (VLAN) of August 17, 1999.

### Information System for Renewals

1 For renewals in accordance with § 50 KGeoiG and renewals with ongoing work contracts upon the entry into force of this Ordinance, landowners will be informed in accordance with § 11 of this Ordinance.

2 The costs for informing the landowners will be borne equally by the municipality and the canton.

Abolition and Amendments to Existing Law

1 With the entry into force of this Ordinance, the following ordinances are repealed

a) Ordinance on Official Surveying in the Canton of Schwyz of 6 March 1996;

b) Ordinance on Services and Compensation for Cadastral Surveyors (VLAN) of 17 August 1999.

2 The Schedule of Fees for Notaries and Land Registry Administrators as well as Freelance Certifying Officers of 27 January 1975 is amended as follows

§ 5 para. 1

Lump sum for building and cultivation boundary mutations per

parcel of land CHF 60.—

Entry into Force

1 This Ordinance shall be published in the Official Gazette and, upon its entry into force, shall be

included in the Official Collection of Laws.

2 It shall enter into force on 1 July 2012.37

1 GS 23-38 with amendments of 17 December 2013 (RRB adaptation to new cantonal constitu-

tion, GS 23-97), of 20 December 2016 (GS 24-93) and of 3 June 2020 (RRB adaptation

of various enactments due to the reorganisation of the Department of the Environment, GS 26-7f).

2 SRSZ 214.110.

3 SR 211.432.2.

4 Para. 1 lit. d as amended on 3 June 2020.

5 SR 211.432.21.

6 Para. 2 newly inserted on 20 December 2016, former para. 2 becomes para. 3; para. 1, 2 and 3

as amended on 3 June 2020.

7 SR 211.432.261.

8 Para. 1 as amended on 3 June 2020.

9 SR 220.

10 Para. 1 as amended on 3 June 2020.

11 SR 510.62.

12 Para. 2 as amended on 3 June 2020.

13 Para. 2 as amended on 3 June 2020.

14 Para. 1 and 2 as amended on 3 June 2020.

15 SR 210.

16 Para. 2 as amended on 3 June 2020.

17 Heading, para. 1 and 3 as amended on 3 June 2020.

18 Para. 2 and 3 as amended on 3 June 2020.

19 Version of 3 June 2020.

20 Version of 3 June 2020.

21 Para. 1, 2 and 3 as amended on 3 June 2020.

22 Heading and para. 1 as amended on 3 June 2020.

23 Para. 1 lit. a as amended on 3 June 2020.

24 SR 211.432.1.

25 SRSZ 213.401.

26 SR 211.432.11.

27 Para. 1 lit. a as amended on 3 June 2020.

28 Version of 20 December 2016.

29 SRSZ 213.512.

30 Para. 2 as amended on 20 December 2016; para. 1 as amended on 3 June 2020.

31 Para. 1, 2 and 3 as amended on 3 June 2020.

32 Para. 2 and 3 as amended on 3 June 2020.

33 GS 19-406.

34 GS 19-109.

35 GS 19-406.

36 SRSZ 213.512; GS 16-653.

37 Abl 2012 1549; amendments of 17 December 2013 entered into force on 1 January 2014 (Abl 2013 2974), of

20 December 2016 on 1 January 2017 (Abl 2016 3012) and of 3 June 2020 on 1 July 2020

(Abl 2020 1478).