Aggregations and Separations of Municipalities Act (LAggr) (LAggr)

The present law governs the aggregations of municipalities and the separations of hamlets or parts of municipalities.

1 The Canton promotes municipal mergers to achieve the formation of functional and autonomous Municipalities.

2 Mergers are promoted in particular

a) to stimulate democratic debate and ensure the management of public communal affairs, guaranteeing turnover in public offices;

b) to improve the Municipality's planning capabilities, its contractual power in relation to higher authorities, and to foster a proper distribution of competences between the Canton and the Municipalities;

c) to pursue, in line with the objectives of the cantonal Master Plan, within coherent territorial entities, concrete planning projects, an ordered and sustainable and competitive development of the cantonal territory; [2]

d) to seek an optimal location for public service infrastructure;

e) to achieve within individual Municipalities administrative functionality and autonomous financial management, based on criteria of rationality and cost-effectiveness in public spending;

f) to reduce the number of Consortia;

g) to lay the foundations for adequate and balanced socio-economic development in every region. [3]

[2] Subpara. amended by Act of 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

[3] Subpara. introduced by Act of 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

[4] 1 Taking into account the objectives of Article 2, the Council of State shall draw up a Cantonal Aggregation Plan.

2 The Plan shall comprise

– a report on the guidelines of the cantonal aggregation policy and an indication of the overall commitment deriving for the Canton;

– a plan with a division of the cantonal territory into aggregation scenarios;

– graphic and descriptive datasheets for each scenario.

3 During the preparation phase of the Plan, the Council of State shall consult the Municipalities, which shall be given a four-month period to submit their observations.

4 The Council of State shall submit the Plan to the Grand Council, which shall discuss and approve it, or refer it back, wholly or partially, to the Council of State for amendment in the sense indicated by the parliamentary debate. The presentation of amendments for a vote during the parliamentary debate is excluded.

5 The Council of State may propose amendments to the Plan, submitting them to the Grand Council no later than with its proposal under Article 7.

[4] Art. introduced by L 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

[5] **1 The Cantonal Aggregation Plan integrates the Canton's political intentions and commitments regarding aggregation policy; decisions by the Government and the Grand Council, particularly those under Articles 4a, 5, 7, 8, 9, and 9a, are guided by the Plan. [6]**

**2 The Council of State strives to promote the Plan's guidelines, including through the instruments and financial aid of other sectoral policies, such as equalization, territorial development, and regional economic promotion.**

[5] Art. introduced by Law of 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

[6] Para. amended by Law of 20.6.2016; in force since 1.9.2016 - BU 2016, 375.

The territorial district or the number of Municipalities are modified by legislative decree through

a) the aggregation of two or more Municipalities constituting coherent territorial entities;

b) the aggregation of hamlets or parts of territory from one or more Municipalities and one or more Municipalities to create a new Municipality that constitutes a coherent territorial entity;

c) the separation of hamlets or parts of territory from one or more preceding Municipalities to constitute them as a standalone Municipality or to aggregate them with an existing one, in compliance with point b.

[7] 1 The application for the initiation of the aggregation procedure pursuant to Article 3 letters a and b must be submitted to the State Council; it must propose an aggregation scenario and indicate the municipalities involved.

2 The application must be signed by all the municipalities involved, or for each of them by one of the following applicants

– Municipal Executive;

– Municipal Council;

– at least 15% of the citizens registered in the catalogue, excluding those residing abroad, up to a maximum of 3000 citizens; the collection of signatures must take place within ninety days from the deposit with the municipal chancellery; Article 76 paragraph 2 of the Municipal Organic Law of 10 March 1987 is analogously applicable.

3 Any decisions by municipal bodies pursuant to the Municipal Organic Law of 10 March 1987 do not block the right to submit an application. [8]

[7] Art. modified by Law of 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous modifications: BU 2011, 503; BU 2012, 147.

[8] Para. modified by Law of 25.2.2025; in force since 15.5.2025 - BU 2025, 97.

[9] 1 Within one year from the introduction of the request, the Council of State initiates an aggregation study, defining its scope; it appoints a Commission, in which all involved Municipalities are represented.

2 Taking into account the objectives of the law and the Cantonal Aggregation Plan, the Council of State is empowered

– to modify the scenario proposed in the request, by including or excluding Municipalities or Hamlets;

– to not proceed with the request.

The power to modify the scenario is also granted during the procedure.

3 In the presence of multiple contradictory requests concerning the same Municipality, the Council of State decides on the follow-up.

4 Against negative decisions and exclusion decisions of the Council of State, the Municipal Councils, Legislative Bodies, and citizens of the interested Municipalities have the right to appeal to the Grand Council within a period of 30 days. [10]

c) ex officio [11]

[9] Art. introduced by Law of 17.3.2011; in force since 27.9.2013 – BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

[10] Para. amended by Law of 25.2.2025; in force since 15.5.2025 – BU 2025, 97.

[11] Marginal note amended by Law of 17.3.2011; in force since 27.9.2013 – BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

1 Taking into account the objectives of the law and the Cantonal Plan for Aggregations, the Council of State may initiate an aggregation study ex officio, defining its scope, or alternatively include ex officio one or more Municipalities, fractions, and parts of a Municipality, in a study initiated in accordance with Article 4; Article 4a paragraphs 1 and 2 and Article 6 are applicable. [12]

2 The provisions of the law on intercommunal financial equalization are reserved.

[12] Para. amended by Law of 20.6.2016; in force since 1.9.2016 - BU 2016, 375; previous amendments: BU 2011, 503; BU 2012, 147; BU 2013, 402.

[13] 1 The Council of State, having heard the Municipalities and other applicants according to Article 4 paragraph 2, for justified reasons and taking into account the objectives of the law and the Cantonal Aggregation Plan, may decide to close a procedure initiated according to Articles 4-5 before the consultative vote.

2 The right of appeal is granted according to Article 4a paragraph 4.

[13] Art. introduced by Law of 25.2.2025; in force from 15.5.2025 - BU 2025, 97.

[14] **1** The Commission shall, within the prescribed deadline, draw up the study with its aggregation proposal and submit it to the Council of State. It shall attach the positions of the Municipalities of the involved Communes, formulated after hearing the Legislatives, and of the other applicants pursuant to Article 4 paragraph 2. [15]

**2** The Council of State shall examine the study and, if necessary, request its completion. After hearing the applicants and the involved Municipalities, the Council of State may, for justified reasons

a) exclude one or more Communes, fractions or parts of a Commune from the aggregation area, provided that the project is not substantially modified;

b) decide to close the procedure.

An appeal is permitted pursuant to Article 4a paragraph 4. [16]

**3** Subsequently, it shall transmit its proposal to the Municipalities, so that they may submit it, with their preliminary opinion, to their respective assemblies, in an advisory capacity, within a deadline to be set for them; adequate information to the population must be guaranteed.

**4** If the application concerns one or more fractions or parts of a Commune, a polling station shall be organised for each of them.

**5** For the rest, the Council of State shall establish the modalities of the advisory vote.

[14] Art. amended by L 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

[15] Par. amended by L 25.2.2025; in force since 15.5.2025 - BU 2025, 97.

[16] Par. amended by L 25.2.2025; in force since 15.5.2025 - BU 2025, 97; previous amendment: BU 2016, 375.

[17] **1** In municipalities where a consultative vote with a favourable outcome was held by the end of November preceding the general elections, and in those for which an aggregation proposal exists via government message or an aggregation decree from the Grand Council, even if not yet definitive, the Council of State may decide to waive the general elections. [18]

**2** Elections in the new municipality must in any case be able to be held within one year of the general elections, subject to cases where an appeal procedure is pending.

[17] Art. introduced by Law of 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

[18] Para. amended by Law of 24.3.2015; in force since 1.6.2015 - BU 2015, 245.

[19] 1 The Council of State submits the proposal for aggregation or abandonment to the Grand Council.

2 It may propose the aggregation of a lower number of Municipalities compared to the project submitted for consultative vote, provided that it does not substantially deviate from it.

[19] Art. amended by L 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

[20] 1 Taking into account the general interest, the objectives of the law, and the Cantonal Aggregation Plan, the Grand Council decides on the proposed aggregation with a legislative decree subject to an optional referendum.

2 The Grand Council may decide on the aggregation of a smaller number of Municipalities than provided for in the consultative vote project, under the conditions of Article 7 paragraph 2.

3 The legislative decree establishes the name of the new Municipality, also taking into account historical-toponymic references, the district and the circle to which it is assigned, and all necessary implementing provisions.

[20] Art. modified by L 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous modifications: BU 2011, 503; BU 2012, 147.

With the vote of the absolute majority of its members, taking into account the outcome of the consultative vote throughout the district, the Grand Council may decide on amalgamation even when the assembly opinions are not favorable, particularly

a) when the prejudiced financial structure and limited economic resources of a Municipality no longer allow it to achieve a balanced current budget;

b) if the participation of a Municipality in the formation of a new Municipality is necessary for geographical, planning, territorial, economic development, service functionality, and human and financial resource contribution reasons;

c) if a Municipality's inability to constitute its organs or ensure normal administration persists, or when the municipal organs deliberately shirk their official duties.

[21] In compliance with the premises and conditions of Article 9, the Grand Council may decide the separation of fractions or parts of territory from a Municipality in accordance with Article 3 letter b, even when the assembly's preliminary opinion is not favourable.

[21] Art. introduced by Law of 20.6.2016; in force since 1.9.2016 - BU 2016, 375.

1 Decisions aimed at the separation of fractions or parts of territory from one municipality to be aggregated into a separate municipality or into another existing municipality, even if supported by the majority of the municipalities concerned, cumulatively require the satisfaction of these conditions

a) the fractions or parts of territory must be topographically united in such a way that the new municipality constitutes a coherent territorial entity;

b) the establishment of the new municipality must satisfy the objectives of the law and the cantonal aggregation plan. [22]

2 Articles 4, 4a, 6, 6a, 7, 8 are applicable by analogy. [23]

[22] Subparagraph amended by Law of 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

[23] Paragraph amended by Law of 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

[24] 1 Once the establishment of the new Municipality has been decreed, the Council of State shall set the date for the convocation of the assembly for the election of the municipal authorities.

2 ...

3 ...

4 The provisions of the law on the exercise of political rights are reserved.

[24] Art. amended by Law of 17.3.2011; in force since 27.9.2013 – BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

1 The new Municipality immediately takes office after the elections.

2 The Council of State shall take all concrete measures necessary for the new Municipality to commence operations, which are not provided for in the legislative decree. To protect the overriding interests of the new Municipality, the Council of State may also annul resolutions of the municipal bodies of the aggregating Municipalities or take further measures from the time it submits its proposal to the Grand Council according to Article 7. [25]

3 The new Municipality succeeds to the rights and obligations of the preceding Municipalities.

[25] Para. amended by Law of 9.12.2019; in force since 1.5.2020 - BU 2020, 49.

1 When a fraction or a part of a Municipality separates, assets and liabilities are apportioned according to a principle of equity.

2 The essential elements of the apportionment must be indicated in the draft submitted to a popular vote.

The disputes concerning the definition of proprietary relationships in cases of aggregation or separation of fractions or parts of Municipalities are referred to the Cantonal Administrative Court, as a sole instance.

1 Unless specific provisions are reserved in the aggregation decree, all employment relationships concerning the aggregated Municipalities are automatically dissolved at the end of the third month following the entry into office of the Executive (Municipio) of the new Municipality; this deadline may be extended by the Council of State for justified reasons. [26]

2 The Executive (Municipio) shall take the necessary transitional measures.

3 The payment of the indemnity provided for by the law concerning the organization of secretaries is reserved.

4 The payment of a severance indemnity for the suppression of a position to other employees not rehired is reserved if provided for by the previous organizational regulations.

5 Years of service in an aggregated Municipality shall be cumulated with those performed in the new Municipality for the purposes of employees' rights. [27]

[26] Sub-paragraph amended by L 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

[27] Sub-paragraph introduced by L 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

1 Within six months of its entry into operation, the new Municipality shall issue the municipal organic regulation. This deadline may be extended by the Council of State for justified reasons.

2 The Municipal Council shall adopt the necessary transitional measures.

3 Until the entry into force of the other regulations, those currently in force for the individual districts of the aggregated Municipalities shall remain in effect. Article 15 is reserved.

4 Specific provisions of the aggregation decree are also reserved.

Until the entry into force of the Master Plan of the new Municipality, the existing Master Plans remain in force for the individual areas of the aggregated Municipalities.

1 Following an aggregation or separation, the statutes of Consortia and other public entities must be adapted within one year from the effective date of the new Municipality. This deadline may be extended by the Council of State for justified reasons.

2 Those elected to the bodies of consortia and other public or private entities remain in office until the general elections subsequent to the aggregations and separations.

3 Specific provisions of the aggregation decree and the Council of State are also reserved. [28]

[28] Art. 28, par. 1 amended by Law of 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

1 For new municipal mergers, the Canton may provide financial aid or benefits with the following objectives

a) the financial rehabilitation of municipalities with structural current operating deficits through the reduction, up to the total cancellation, of debts towards third parties, in order to achieve autonomous financial management in the new municipality based on criteria of rationality and economy in public spending;

b) ...;

c) the subsidization of particularly significant investments for the new municipality;

d) in particular circumstances, the resolution of anomalous situations following considerable deteriorations resulting from the merger in the application of the intermunicipal financial equalization law, particularly concerning the maintenance for a specified period of

– the subsidy and participation percentages of Articles 11 and 12 of the intermunicipal financial equalization law,

– the individual calculation regarding the determination of the equalization contribution under Articles 4 and 5 of the intermunicipal financial equalization law. [29]

2 Municipalities resulting from mergers must, within 12 months of their establishment, prepare a four-year financial plan, to be used as a tool to pursue financial balance in current operations in the medium term, ensure adequate self-financing, and contain public debt.

[29] Paragraph amended by Law of 17.3.2011, effective from 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

1 Financial aid may be granted through

– capital contributions;

– the waiver of debts of the aggregated Municipalities towards the Canton;

– total or partial exemption from contributions for public works to be carried out by the Canton;

– the increase or reduction of subsidy or contribution percentages according to Articles 11 and 12 of the Intercommunal Financial Equalization Act for a maximum period of four years.

2 The aggregation decree establishes the amount and methods of the aid.

3 ... [30]

4 The provisions of the Intercommunal Financial Equalization Act are also reserved.

[30] Para. repealed by Act of 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

1 Aid for aggregations as provided for in Article 19 paragraph 1 letters a and c shall, as a rule, be financed through framework credits to be allocated by the Grand Council by legislative decree. [31]

2 The distribution of the credit among individual projects shall be determined by the Grand Council in the aggregation decrees.

[31] Para. amended by Law of 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

1 This law is also applicable to ongoing proceedings at the time of its entry into force, and for which the Grand Council has not yet voted on the decree of aggregation at the time of its entry into force.

2 Article 6 paragraph 1 does not apply to aggregation projects whose applications under Article 4 have already been approved by the Council of State at the time of its entry into force. [32]

[32] Para. introduced by Law of 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

[33] 1 The Cantonal Aggregations Plan is submitted to the Grand Council within one year of the entry into force of Articles 2a and 2b.

2 The procedure for elaborating the Plan until its adoption by the Grand Council does not block the initiation and continuation of procedures under Article 4 et seq.

[33] Art. introduced by L 17.3.2011; in force since 27.9.2013 - BU 2013, 402; previous amendments: BU 2011, 503; BU 2012, 147.

Once the deadlines for exercising the right of referendum have expired, this law shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force immediately. [34]

Published in OB 2004, 55.

[34] Entry into force: February 13, 2004 - OB 2004, 55.