Regulations for the Application of the Organic Law on Patrician Communes (RALOP) (RALOP)

The Department of Institutions, Local Authorities Section, is the competent authority for the execution of legal provisions concerning the Patriziato [Patriciate].

Application for recognition (Art. 3 para. 1 law)

The application for recognition must be submitted by the Patrician Office to the Council of State and accompanied by the following documentation

a) regulations of the Patriziato;

b) latest balance sheet or statement of assets (as of 31.12);

c) number of patrician households;

d) number of persons entitled to vote

- domiciled in the Municipality;

- domiciled outside the Municipality;

- number of minor patricians;

e) the impression of the patrician seal.

Patrician Office (Art. 1 para. 3 Law)

The term "Patrician Office" also extends to the executive bodies of other public law corporations according to Art. 1 para. 3 LOP, namely general patricianates, corporations, "degagne," and "vicinati."

1 Patrician assets are individually listed in a special register, subdivided into real estate and movable property.

2 The register must be constantly updated.

b) description (Art. 5 para. 5 law)

1 Immovable goods must be indicated, for land in the definitive Land Register, by the parcel number, while for land in the provisional Land Register, by the number or indication of the location.

2 Movable goods must be indicated by a description of the object.

3 For properties encumbered by *jus plantandi*, a special register must be prepared for privately owned plants and their respective owners.

Disposal of Goods: Documentation (Art. 9 Law)

The request for ratification must be accompanied by the following documentation

- request from the applicant;

- message from the Patrician Office;

- commission report;

- extract from the legislative minutes;

- copy of the notice published on the official bulletin board;

- planimetry indicating the belonging to the zoning plan area.

Right of pre-emption of Municipalities and the Canton (Art. 10 paras. 1 and 3 of the Law)

When the property is considered to be of public interest under planning regulations, its alienation may occur subject to the municipality or the Council of State waiving their right of pre-emption.

Public tender (Art. 12 of the Law)

[2] 1 The public tender notice for the alienation, leases, and rentals of property owned by the Patriziate must indicate

a) the property subject to the tender (parcel number, location, intended use of the property, etc.) and any minimum offer amount;

b) the methods by which interested parties can review any documents accompanying the tender (specifications, etc.);

c) if applicable, the amount and form of the guarantee that must accompany each offer;

d) the day, time, and place of any site inspections;

e) the day and time by which offers must reach the Patriziate Office;

f) the day, time, and place of the public opening of offers.

2 The public tender notice may provide for additional formalities.

3 Article 13 of the Law on Rural Land Rights and Agricultural Leases of 30 January 2007 is reserved.

b) opening of offers (Art. 15 of the Law)

[2] Art. modified by R 24.10.2012; in force since 1.1.2013 - BU 2012, 508.

Every offer is recorded in the minutes, with an indication of any irregularities found at the time of opening.

Decision and Award (Article 15 Law)

The decision concerning the award or the possible annulment of the tender by the Patrician Office must be communicated in writing to each competitor, indicating the date of the deliberation and the legal remedies.

1 The proceeds from the forest reserve fund are to be used for the execution of forestry works, the elaboration of forest management and working plans, and the redemption of servitudes and uses incompatible with sound forest management.

2 In particular cases, the proceeds from the forest reserve fund may be used for other public utility purposes.

II) Determination of Quotas (Art. 22 para. 1 Law)

The amount of the quotas to be allocated to the forestry reserve fund is determined by the Forestry Section, within the maximum limits referred to in Art. 22 of the law, based on the proceeds from the felling of forests. The decision is communicated to the interested *Ufficio patriziale* (Patrician Office) and to the Section of Local Authorities.

III) Forms (Art. 22 para. 3 law)

1 The forest reserve fund must be established with the Cantonal Bank or another credit institution, subject to authorization from the Forestry Section, in the form of a savings passbook or deposit account, or a deposit of bonds in Swiss currency.

2 The deposit of the shares must be made by the end of the year following the commencement of the payment obligation.

IV) Supervision (Art. 22 para. 3 Law)

The Forestry Section ascertains from the bank the payment of the contributions; it is also authorized to verify at any time with the bank the balance of the forest reserve funds.

V) Withdrawals (Art. 22 para. 3 Law)

The deposited sums may be withdrawn with the authorization of the Forestry Section.

1 Applications from patricianates for special aid as per Art. 26 of the Law must be submitted by the Patrician Office to the Local Authorities Section by January 31st of each year, accompanied by

a) the resolution of the patrician legislative body with the relevant message and committee report;

b) the definitive project of the work or infrastructure and its execution program;

c) the budget and the financing plan;

d) indications concerning upcoming medium-term investments (5-10 years).

2 Applications may also be submitted by the Patrician Office on a preliminary basis. In this case, the application must be accompanied by a description of the work and a cost estimate.

3 Upon a reasoned request, the deadline referred to in paragraph 1 may be extended.

II) Decision; competent authority (Art. 26 para. 2 Law)

[3] The aid is decided by the Department of Institutions.

III) Consultative Commission (Art. 27 para. 1 law)

[3] Art. amended by R 24.10.2012; in force since 1.1.2013 - BU 2012, 508.

1 The State Council appoints the Consultative Commission every four years and designates its President and Secretary.

2 The Commission is composed of

a) three representatives of the State;

b) three representatives of the patrician bodies.

3 The Executive Board of the Patrician Alliance proposes the representatives of the patrician bodies.

IV) Determination of net income (Art. 27 para. 2 lit. a law)

1. Net income from the sale of communal assets is determined by the proceeds of the sale, minus debts contracted for its acquisition and encumbering the alienated asset at the time of transfer, as well as expenses related to the sale borne by the municipality, specifically notarial fees, registration fees, appraisals, and publications concerning the sale.

2. In the case of sales according to Art. 20 para. 2 of the law, only the net proceeds exceeding the financial restructuring requirements are considered.

3. The proceeds from the sale of timber, standing or processed, are not considered a source of income according to the provisions of paragraph 1.

2. Capital income (Art. 27 para. 2 lit. a of the law)

1 The net capital income is determined by the interest accrued on bank deposits and current accounts, bond interest, dividends, income derived from the sale of securities or interest accrued on loans to third parties, after deducting bank charges.

2 Interest accrued on the forest reserve fund is not considered.

3. Rental and leasing income (Art. 27 para. 2 lit. a of the law)

The net income from rents and leases is determined by the rent received, minus interest expenses and ordinary depreciation, as well as operating and maintenance costs and other duly documented expenses.

4. Income from surface rights (Art. 27 para. 2 lit. a Law)

The net income from surface rights is determined by the amount received, less the expenses or contributions for urbanization, for the constitution of the right, and other duly documented expenses necessary for the generation of the income.

V. Basis of calculation (Art. 27 para. 2 lit. a law)

1 Net income earned during the second-to-last accounting year shall be computed.

2 The tax rate applied to income referred to in Articles 19-22 is set at 5.19% of net income. [4]

[4] Para. amended by R 19.9.2018; in force since 21.9.2018 - BO 2018, 353; previous amendments: BO 2015, 520; BO 2016, 499; BO 2017, 336.

23b … [5]

[5] Arts. repealed by R of 25.11.2015; effective from 27.11.2015 - BO 2015, 520; previous amendment: BO 2012, 508.

[7] 1 The land management fund is intended to finance investments articulated in one or more interventions to be carried out within a specific period; these are established in a programmatic agreement between the Municipality and one or more Corporations of Patricians operating within its jurisdictional territory.

2 The lead entity must be a Corporation of Patricians; it must provide guarantees of administrative functionality and financial soundness, in particular by demonstrating

a) the operation of its bodies;

b) that it is up to date with the approval of its provisional and final accounts;

c) that it is financially sound;

d) reliability in the performance of its duties.

3 In exceptional cases, the role of lead entity may be assumed by the Municipality.

II) Funding of the fund (Art. 27b para. 2 law)

[7] Art. introduced by R 24.10.2012; in force since 1.1.2013 - BU 2012, 508.

[8] 1 The fund is financed by the Canton with a maximum annual contribution of CHF 1,000,000.–.

2 Any amount not utilized at the end of the year is automatically carried forward in the accounts to the subsequent operating period.

[8] Art. introduced by R 24.10.2012; in force since 1.1.2013 - BU 2012, 508.

[9] 1 Incentives shall be granted for territorial management and maintenance interventions aimed at maintaining and/or restoring a fair socioeconomic and environmental value to the territory; these notably include

a) the enhancement of forest heritage and silvicultural rehabilitation;

b) the rehabilitation and restoration of meadows and pastures;

c) the restoration and extraordinary maintenance of trails;

d) the restoration of assets damaged by natural events;

e) regional reorganization within the context of consolidated territorial planning;

f) the conservation and enhancement of cultural heritage linked to the territory.

2 Other interventions of significant landscape interest and preparatory acts for the realization of projects may also be eligible for incentives.

3 Incentives allocated for a single program cannot exceed the amount disbursed by the Municipality.

IV) Preliminary application (Art. 27a para. 1 law)

[9] Art. introduced by R 24.10.2012; effective from 1.1.2013 - BU 2012, 508.

[10] 1 The lead entity submits a preliminary application for an incentive to the Local Authorities Section, signed by the *Uffici patriziali* (Patriciate Offices) and the *Municipio* (Municipal Council); the application must be accompanied by the following documents

a) the proposed intervention program;

b) the preliminary project for the investment, comprising plans, the technical report, the cost estimate divided by lots, and the implementation schedule;

c) a draft programmatic agreement between the parties, prepared in the form of a convention or a performance mandate;

d) a provisional financing plan including the participation share of the entities involved, any presumed subsidies or external participations, or the missing amount, respectively;

e) a self-certification of administrative and operational functionality by the lead Patriciate.

2 The Commission referred to in Article 27b paragraph 1 of the law examines the application; it takes a provisional and non-binding position on the probable amount of the incentive; this position is communicated to the lead entity and may contain binding conditions for the definitive granting of the incentive.

V) Definitive application; decision (Art. 27a para. 1 law)

[10] Art. introduced by R 24.10.2012; in force since 1.1.2013 - BU 2012, 508.

[11] 1 The definitive application must be submitted by the lead entity to the Section of Local Authorities.

2 The application must include the following documents, approved by the legislative bodies of the entities involved, subject to delegated powers

a) the programmatic agreement stipulated in the form of a convention or service mandate between the Municipality and the Patriciate(s); it must specify the lead entity, the contents, the program, and the terms for realizing the investment, as well as the allocation of funding among the entities involved;

b) the definitive project and budget;

c) the allocated credit, with the deadline after which it lapses if not used, and the financing plan.

3 The application must also be accompanied by the resolutions of the legislative bodies of the entities involved, the related messages, and the commission reports.

4 The Commission referred to in Art. 27b para. 1 of the law submits its opinion on the incentive decision to the Department of Institutions.

VI) Disbursement of Incentives (Art. 27b para. 2 law)

[11] Art. introduced by R 24.10.2012; in force since 1.1.2013 - BU 2012, 508.

[12] 1 The incentives are paid based on the submission of the settlement, accompanied by payment certificates and a declaration or inspection report of the works carried out.

2 The faculty to pay advances based on corresponding partial settlements is granted.

[12] Art. introduced by R 24.10.2012; in force since 1.1.2013 - BU 2012, 508.

1 The application for the grant of patrician status is submitted to the Patrician Office by the applicant, accompanied by official documents proving the fulfillment of the conditions set forth in Art. 43 of the law.

2 If the applicant already belongs to another patriciate, a certificate of release from the latter must be attached.

3 The application submitted by the husband extends to the wife, if consenting, and to minor children.

b) procedure and communication (Art. 45 law)

1 The Patrician Office submits applications for the granting of patrician status to the Assembly, or to the Patrician Council, respectively.

2 The decision of the legislative body is communicated to the applicant and to the Patrician Office that issued the certificate of release.

Release from patrician status (Art. 43 para. 1 lit. c law)

The application for release from the status of patrician is submitted in writing to the Patrician Office.

b) procedure and communication (Art. 43 para. 1 lit. c law)

1. The Patrician Office submits the request for release to the Assembly, or rather to the Patrician Council.

2. The decision of the legislative body is communicated to the interested party.

1 The renunciation of patrician status must be communicated in writing to the Patrician Office, which informs the legislature.

2 The renunciation takes effect immediately, unless otherwise indicated by the interested party.

Reacquisition of patrician status (Art. 50 of the Law)

The reacquisition of patrician status occurs in accordance with Articles 24 and 25 of this regulation.

1 The municipal chancellery shall provide the Patrician Office, free of charge, with the necessary data for the preparation and updating of the register of patricians, voters, and households.

2 Access to Movpop data is also reserved according to Art. 8 para. 1 and 3 of the Law on the Implementation of the Federal Law on the Harmonisation of Registers and concerning the Population Movement Database of 5 June 2000 and Art. 30 para. 1 of the Implementing Regulation. [13]

3 The Patrician Office may engage an external non-profit public utility entity for the preparation and updating of the register, including by accessing Movpop data, according to the conditions of Art. 30 para. 4 of the Regulation for the Implementation of the Federal Law on the Harmonisation of Registers and concerning Population Control and the Population Movement Database of 2 December 2009. The powers of the Patrician Office according to Articles 57, 58, and 59 of the law are reserved. [14]

[13] Para. introduced by R 24.10.2012; in force since 1.1.2013 - BU 2012, 508.

[14] Para. introduced by R 16.11.2022; in force since 1.1.2023 - BU 2022, 275.

1 The Commission referred to in Article 129 of the Law is composed of 6 members and a President appointed, every four years, by the Council of State.

2 The Council of State also designates the secretary of the Commission. [15]

[15] Sub-paragraph amended by R 24.10.2012; in force since 1.1.2013 - BU 2012, 508.

… [17]

[17] Art. repealed by R 24.10.2012; in force from 1.1.2013 - BU 2012, 508.

The Regulation of 29 January 1963 is repealed.

This Regulation shall be published in the Official Bulletin of Laws and Executive Acts of the Canton of Ticino and shall enter into force on January 1, 1995.

Published in OB 1994, 547.