Ordinance on the Land Register Act (LRRO) - 1 April 1998 (RLRF)

1 The Justice Division is the supervisory authority for the land register in accordance with Art. 953 of the Swiss Civil Code (CC). [3]

2 It issues the directives for the implementation of this regulation.

[3] Para. amended by R 20.12.2005; in force since 1.1.2006 - BU 2005, 453.

[4] As a rule, citizens holding a license in law or a master's degree in law may be appointed to the office of land registrar.

Substitutions (Art. 2 LRF)

[4] Art. amended by R 12.9.2012; in force since 23.11.2012 - BU 2012, 541.

In the event of a permanent impediment, the Council of State may designate a substitute to fill the office of land registrar.

Additions (Art. 2 LRF)

The Council of State may appoint one or more assistants, with the task of assisting the officer in their duties.

Those authorized to issue certificates and attestations in general, on behalf of the office, are the officer, the deputy, or a person designated by them.

Opening Hours (Art. 2 LRF)

The opening hours of the land registry offices are determined by the land registry supervisory authority.

The journal contains

a) the progressive order number of the supporting document, the series of which recommences each calendar year;

b) the time corresponding to the exact moment of entry;

c) the surname, name, domicile of the applicant;

d) the Municipality related to the affected funds;

e) the subject of the request submitted for registration;

f) the value of the act;

g) the observations.

The land registry officer must daily affix their signature in the daily journal after the last request for registration submitted.

Register of mutations and servitudes: contents (Art. 11 LRF)

The register of mutations and easements contains

a) the indication of the Municipality;

b) the number of the supporting document;

c) the date of submission of the request;

d) the nature of the act;

e) the description of the property;

f) the surname, name, date of birth, domicile of the previous owner;

g) the surname, name, date of birth, domicile of the current owner;

h) the easements and land charges with the indication of the servient property, the dominant property and the parties;

i) a concise description of the easement or land charge;

l) the annotations;

m) the mentions;

n) the observations.

Register of real estate pledges: contents (Art. 11 LRF)

The register of real estate pledges contains

a) the number of the supporting document;

b) the date of submission of the request;

c) the indication of the Municipality;

d) the creditor;

e) the surname, first name, and date of birth of the debtor and of the third party owner of the pledge, as well as their domicile;

f) the definition of the title;

g) the guaranteed sum and the interest rate;

h) the description of the properties constituted as pledge;

i) the annotations (right of subrogation);

l) the mentions;

m) the observations.

Register of Foreclosures: Content (Art. 11 LRF)

The register of real estate attachments contains

a) the execution number;

b) the date of notification;

c) the number of the justifying document;

d) the surname, first name, date of birth, and domicile of the creditor;

e) the surname, first name, date of birth, and domicile of the debtor;

f) the indication of the Municipality;

g) the number and nature of the attached property;

h) the sum;

i) observations.

Auxiliary registers (Art. 11 LRF)

The auxiliary registers mentioned in Article 11 para. 2 of the Land Register Act comprise

a) a ledger for mutations, easements and land charges, annotations and mentions;

b) a ledger for real estate pledges and attachments.

The indexes are kept distinctly in the form of an alphabetical card index of persons operating in the register of mutations and servitudes and in the register of pledges and real estate seizures.

The alphabetical indices concerning the register of mutations and servitudes and the register of pledges and real estate seizures contain

a) surname, first name, date of birth and domicile of natural persons or the corporate name and registered office of legal entities appearing as interested parties in an entry;

b) year, volume, progressive chronological number of the entry appearing in the registers and the name of the municipality concerning the affected properties.

1. Sole proprietorships are registered under the surname of the owner.

2. General partnerships and limited partnerships are registered under the designation "firm" as well as under the surname of the partners.

3. Public limited companies, partnerships limited by shares, and cooperatives are registered under the designation "Company".

4. Churches, and, in general, foundations and associations are registered under the name of the Municipality of their seat.

5. Patrician bodies are registered under the designation "Patrician Bodies".

6. Consortia are registered under the designation "Consortia".

7. Collective properties constituted in accordance with Articles 646 and 652 of the Civil Code are registered under the surnames of all members.

Water Rights Cadastre (Art. 11, 19 LRF)

Registrations, modifications, or cancellations concerning water rights as per Article 19 of the Land Register Act are recorded in the register of mutations and servitudes in the column reserved for servitudes.

1 In the case of new entries, the deed of concession must be produced.

In the case of modifications or cancellations, the cadastral extract issued by the Energy Office must be submitted. [5]

2 For the remainder, the provisions of the executive decree concerning the reorganisation of the cadastre and public waters shall apply.

[5] Par. amended by R 10.5.2011; in force since 13.5.2011 - BU 2011, 288.

[6] Once the entry has been made, the land registry officer notifies the Office of Energy.

[6] Art. amended by R 10.5.2011; in force since 13.5.2011 - BU 2011, 288.

1 At the request of the owner or anyone who justifies an interest in accordance with Article 970 CC, the land registry official issues certificates attesting to the existence or non-existence of entries. The certificates may be issued in the form of extracts from the registers.

2 Extracts from the water rights cadastre are issued by the Energy Office. [7]

[7] Para. amended by R 10.5.2011; in force since 13.5.2011 - BU 2011, 288.

Upon request for the issuance of extracts from mutation and servitude registers, and from real estate pledges and foreclosures, aimed at certifying entries concerning previous owners, the extract of transfers from 1897 onwards, compiled by the municipal officer responsible for maintaining the cadastral survey, must be attached.

Extracts for the maintenance of the provisional land register (cadastral extract) (art. 20 LRF)

[8] The form and content of the extract and the competence for its issuance are those prescribed by the rules on official measurement.

[8] Art. amended by R 10.10.2006; in force since 13.10.2006 - BU 2006, 428.

The provisional land register has its technical basis in the provisional measurements (updated cadastral maps, aerophotogrammetric maps, new land consolidation RT approved) recognized as suitable by the Division of Justice.

Contents (Art. 24 LRF)

1 The provisional land register consists of

a) the geometric plan resulting from the provisional measurements;

b) the general ledger (register of indicative sheets);

c) the following auxiliary registers

1. register of owners;

2. register of creditors;

d) the journal.

2 The form and maintenance of the registers are governed by federal law.

Mention (Art. 24 LRF)

For every parcel entered in the land register, the entry "provisional delimitation of parcels" is recorded in the land register.

The definitive federal provisions apply to the maintenance of the definitive land register.

[9] As for the documents to be produced for registration, the provisions of the Land Register Ordinance of 23 September 2011 (LRO) apply, in principle.

[9] Art. amended by R 12.9.2012; in force since 23.11.2012 - BU 2012, 541.

In the case of a publicly announced voluntary auction or a public auction provided for by law, the justifying document for the entry in the land register is the adjudication report drawn up by the notary.

1 The supporting document for the registration of inheritance succession is the certificate of inheritance.

2 Where foreign law applies or may apply (Art. 86 et seq. Federal Act on Private International Law), the registrar shall examine the documents issued by foreign authorities for the purpose of registrations. [10]

[10] Para. amended by R 25.8.1999; in force since 27.8.1999 - BU 1999, 214.

In the event of expropriation, the expropriating authority shall, at its own expense, arrange for all entries in the land register by submitting the justificatory documents prescribed by law and the mutation plan.

[11] Entries in the land register based on court judgments from other Cantons or on decisions issued by foreign authorities are subject to the provisions of Articles 335 et seq. of the Code of Civil Procedure of 19 December 2008 (CPC).

Legal Public Law Mortgages (Art. 836 CC)

[11] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 561.

1 The registration of legal public law mortgages, where provided for by law, must be requested by the authority competent to impose the contribution.

2 The supporting documents must show

a) that the imposition procedure has been complied with;

b) that the request for registration is made within the applicable deadline;

c) that due notice has been given to the owner;

d) that the decision regarding the amount chargeable to each individual property has become final and binding.

1 In cases of division of land parcels, consolidation of land parcels, or increase in surface areas, it is necessary to produce the cadastral survey plan for subdivision or a special mutation plan prepared by the licensed surveyor in the form prescribed by the Technical Ordinance on Official Surveying (TOOS).

2 The document must be submitted in three A-4 (210x297 mm) copies along with the application for registration, duly signed by the licensed surveyor and the interested parties, and bearing the issue date, which must not be older than one month.

3 The land registry official returns to the licensed surveyor one copy of the document bearing the attestation of its registration in the land register.

Classification and Preservation (Art. 11 LRF)

1 All supporting documents (applications for registration and attached documents) must be provided with the serial number corresponding to that of the entry in the day book.

2 These must be kept in chronological order and bound in specific volumes.

Once the entry has been made, the land registry officer shall issue, upon request of the applicants, a copy of the supporting documents bearing a certificate of entry.

1 Written instruments must be submitted in the original or in a certified copy.

2 The land register official may require that signatures be legalized (authenticated) when they are from persons unknown to him or are not affixed in his presence.

In cases where the established right is exercised only over a part of the land, its specific path must be precisely indicated on a situation plan signed by the interested parties and attached to the supporting documents.

[12] Requests for registration must be written in Italian (Articles 10 and 12 of the Law on Administrative Procedure of September 24, 2013).

Contents (Art. 20 LRF)

[12] Art. amended by R 18.2.2014; in force since 1.3.2014 - BU 2014, 117.

The request for the registration of a change of ownership, an encumbrance, an easement, or a usufruct must contain

a) surname, first name, date of birth, and domicile of the parties;

b) the designation of the affected properties;

c) the object and nature of the legal relationship to be registered;

d) the list of supporting documents.

The request for the registration of a real estate pledge must contain

a) surname, first name, date of birth, and domicile or company name and registered office of the debtor and creditor and, if applicable, of the third-party owner of the pledge;

b) the guaranteed sum and the interest rate;

c) the designation of the property constituted as a pledge;

d) the list of supporting documents.

1 The Debt Enforcement and Bankruptcy Office is required to have the annotation of attachment cancelled as soon as it has lost its validity.

2 After two years from the annotation, the land register officer shall invite the Debt Enforcement and Bankruptcy Office to notify the cancellation, if the related enforcement has been extinguished.

1 At the beginning of each month, the land registry official shall communicate to the Municipality of the respective Commune and to the surveyor-revisor or contractor all changes in ownership that have occurred in the previous month, as well as the easements to be represented on the cadastral plans.

2 The surveyor-revisor or contractor must also be informed of the modifications and cancellations of freestanding and permanent surface rights, and those concerning condominium properties.

The transfer of real estate pledge rights, in accordance with Article 802 CC, occurs according to the following procedure

a) Mortgage registrations generally retain the rank they had on the properties before the consolidation and must encumber the consolidated properties in their entirety;

b) If, as a result of the consolidation, multiple properties are attributed to the pledge owner in replacement of those that belonged to them before the consolidation, the mortgage registrations may encumber only one or some of them, subject to the creditor's consent;

c) If multiple pledge rights in favour of different creditors encumber all or only some of the pledge owner's properties located in the area, they are generally transferred, maintaining the rank determined by the registration if the total sum of the guaranteed credits does not exceed the official estimated value of the consolidated property;

d) If the total sum of the guaranteed credits exceeds the official estimated value of the consolidated property, or if the pledge rights in favour of different creditors encumber, to different extents, both properties included in and properties excluded from the consolidation, the land registry officer shall draw up a ranking that may also involve a subdivision of the guaranteed sum and a different placement of the pledge rank.

If particularly complex cases arise, the land registrar may summon the parties in order to agree upon the settlement and transfer of pledge rights.

The land registrar communicates to the interested parties, by registered letter, the ranking with the assignment of a 30-day period for presenting any complaints and with the warning that, in case of no dispute, the transfer will be entered ex officio in the register.

1 The land registrar examines complaints, hears the parties, and proceeds with an attempt at conciliation.

2 In case of failure to conciliate, the complaints are transmitted to the land registry supervisory authority for decision.

[14] 1 The decision of the supervisory authority may be challenged before the Justice of the Peace within thirty days of its notification.

2 The summary procedure of the CPC is applicable by analogy.

3 The judgment contains the appropriate provisions for the land registrar and has the effects provided for by Article 975 of the Civil Code.

[14] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 561.

1 During the grouping operations, the owner retains the right to dispose of their land parcel, under any title, by referring to the parcel numbers and other indications resulting from the current measurements and the entries in the land register.

2 The provisions of Article 5 of the Law on the Grouping and Exchange of Land (LRPT) are reserved.

Approved in its final version the draft project for land consolidation or once the official survey has begun, the documentation and registration of legal relationships which, according to the Civil Code, must be registered, are subject to special temporary rules until the new survey comes into force.

The first period of land consolidation begins with the definitive approval of the preliminary project and ends with the decree of provisional possession of the new lands.

During this period, the land registry officer must also transmit the monthly list of mutations, easements, land charges, annotations, and mentions to the contracting surveyor.

1. Once the general project for land consolidation has been definitively approved, the Office for Water Supply and Land Improvement shall request the land registry official to record an annotation indicating that all properties included in the consolidation area are subject to the provisions of federal and cantonal legislation on consolidation consortia and land consolidation in general. [15]

2. The land registry official shall immediately notify the interested municipality and the commissioned surveyor of this annotation so that it can be included in the cadastral extracts.

3. This annotation must appear in public deeds concerning properties included in the land consolidation area.

[15] Para. amended by R 10.5.2011; in force since 13.5.2011 - BU 2011, 288.

The second period of land consolidation begins with the date of the decree of provisional possession of the new lands and ends with the entry into force of the official survey.

1. With the start of the second period, all requests for entry in the provisional land register must refer to the new land division, and the extract for maintaining the land register is issued by the surveyor responsible for the grouping or, if applicable, by the surveyor responsible for the official survey.

2. Until the official survey comes into force, the documents constituting the new land division must be kept up-to-date, in a form analogous to that provided for approved provisional surveys, by the surveyor responsible for the grouping or, if applicable, by the surveyor responsible for the survey.

Once the new land distribution has been definitively approved, the Water Supply and Land Consolidation Office transmits to the land registry officer: [16]

a) a copy of the executive decree establishing the consortium;

b) a copy of the geometric plan of the old state and of the new land distribution;

c) a copy of the small-scale cadastral map before the consolidation;

d) a copy of the small-scale cadastral map after the consolidation;

e) a copy of the decisions of the first and second instance commissions and any subsequent decisions of the Federal Court.

[16] Sentence amended by R 10.5.2011; in force since 13.5.2011 - BU 2011, 288.

The transfer of real estate pledges during the second period and until the definitive land register comes into force takes place in accordance with Article 802 CC, following the procedure set out in Articles 42 et seq.

Unless expressly requested by the interested parties to the Land Registry officer, the transfer of other limited real rights registered in the provisional land register takes place only upon the introduction of the definitive land register.

When land consolidation is carried out after the definitive or pre-definitive land register has come into force, with the beginning of the second period, applications for entry in the land register must refer both to the results of the register itself and to the provisional data of the new land redistribution derived from an extract issued by the contracting surveyor, together with a copy of the new redistribution plan.

1 If the new distribution of land is carried out after the definitive or pre-definitive land register comes into force, the Office for Water Supply and Land Reclamation, before the definitive approval of the new distribution of land, shall transmit the documents referred to in Article 54 to the land register officer. [17]

2 The geometric plan of the new distribution of land, subject to the provisions of Article 5 LRPT, must be updated to the date of entry into force of the transfer of limited real rights.

[17] Par. amended by R 10.5.2011; in force since 13.5.2011 - BU 2011, 288.

1. The land registry officer executes the transfer of limited real rights.

2. Concurrently, interested parties are notified of the transfer of limited real rights, as well as of any modifications or omissions that became necessary due to the new redistribution, with a 30-day period allotted for the submission of any objections.

3. After an attempted conciliation, objections are decided by the supervisory authority for the land registry. Decisions may be challenged by an action to be brought before the Judge of the Court of First Instance, within 30 days of notification.

4. Once the procedure is completed, without prejudice to the outcome of any objections, the adjustment of the land registry comes into force simultaneously with the definitive approval of the new land redistribution.

All amendments to the land register provided for in the preceding articles are exempt from taxes and stamp duties.

1 In the event of a new official survey carried out after the entry into force of the definitive or pro-definitive land register, the land register official shall adapt the registers on the basis of the new cadastral data.

2 If the adaptation takes place in a municipality with a pro-definitive land register, the transformation into a definitive land register shall also be carried out.

Simultaneously, the land register official notifies the interested parties of any modifications or omissions concerning limited real rights that have become necessary due to the new survey, assigning a period of 30 days for the submission of any objections.

1 The Land Register Registrar examines complaints and promotes an attempt at conciliation.

2 In case of failure to reach conciliation, the complaint is decided by the supervisory authority for the Land Register.

The decision may be challenged, by means of an action to be brought before the Praetor, within 30 days of notification.

Once the procedure is completed, without prejudice to the outcome of the objections, the new findings are declared in force by the Council of State together with the approval of the official cadastral survey.

[19] 1 The Land Registry Office notifies the interested parties of the initial situation and the situation subsequent to the update procedure. If necessary, it may prepare a cadastral entry of the servitude, intended to become an integral part thereof.

2 Any objections must be lodged within a period of thirty days from the notification; for the rest, the law on administrative procedure of 24 September 2013 applies. [20]

Rectification of jurisdictional boundaries (Art. 7 LRF)

[19] Art. amended by Reg. 12.9.2012; in force since 23.11.2012 - BU 2012, 541.

[20] Para. amended by Reg. 18.2.2014; in force since 1.3.2014 - BU 2014, 117.

1 Rectifications of jurisdictional boundaries decreed in accordance with the law on cadastral surveying and the law on the merger and separation of Municipalities are entered in the land register, specifically

a) in the provisional land register, after ascertaining the entries, annotations, mentions, easements, land charges, pledges, and real estate seizures existing on the properties transferred from one Municipality to another, and their arrangement on the new parcels;

b) in the definitive or pro-definitive land register, after the arrangement of all entries appearing in the modified folios.

2 The related entries are exempt from fees.

3 The costs of the surveyor shall be borne by the Municipalities concerned.

Merger or Separation of Municipalities (Art. 7 LRF)

1. In the event of a merger or separation of Municipalities, the land register is updated in accordance with the relevant legislative decree.

In the event of a merger or separation of patrician families or corporations, the procedure set forth in Article 67 shall be followed.

1 The supervisory authority for the land register decides on the transcription of data apparent from the ledgers and their accessory registers onto the cantonal land register IT system.

2 The execution is entrusted to the Federal Land Registry Office and may be carried out by categories of rights, or for the whole or even only a part of the territory of an individual district.

The completion and entry into force of the partial or total transcription of the old registers are published in the Official Gazette by the supervisory authority for the land register.

Once the transcription is complete, the old registers or the ledger indicator sheets compiled on movable cards are preserved in their respective district registry offices.

1 Data processing is carried out using the computer system authorised by the competent federal authority. [21]

2 The provisions contained in the Ordinance on the Register of Real Estate (ORF) apply to the keeping of the automated register. [22]

3 Co-ownership shares are not registered in the land register as properties. [23]

4 The Justice Division is competent for defining the extension of the implementation deadlines for the provisions referred to in Article 164a paragraphs 2 and 5 and Article 164b ORF, in accordance with Article 164d ORF. [24]

[21] Para. amended by Reg. 15.11.2023; in force since 15.3.2024 - FO 2024, 78.

[22] Para. amended by Reg. 12.9.2012; in force since 23.11.2012 - FO 2012, 541.

[23] Para. amended by Reg. 15.11.2023; in force since 15.3.2024 - FO 2024, 78; previous amendment: FO 1999, 214.

[24] Para. amended by Reg. 15.11.2023; in force since 15.3.2024 - FO 2024, 78.

The supervisory authority for the land register draws up instructions relating to the registration techniques and the processing of data in the automated land register.

The issuance of ledger extracts, maintained using the computerized system, falls within the competence of the land register officer, the deputy, or a person designated by them.

1 Surveying geometer engineers are entitled to direct access to the computerised data of the land register within the limits set by the ORF. [25]

2 The Division of Justice, after consulting with the technical advice of the Information Systems Centre, authorises access to data for persons and authorities mentioned by federal law. [26]

3 The land register supervisory authority issues the provisions for data access.

[25] Para. amended by Reg. 12.9.2012; in force since 23.11.2012 - BU 2012, 541.

[26] Para. amended by Reg. 5.7.2005; in force since 8.7.2005 - BU 2005, 216.

[27] 1 Electronic communication with the land registry offices is permitted, provided it complies with the requirements set forth by federal legislation.

2 The land registry supervisory authority is competent to issue directives concerning the timing and modalities of implementation.

[27] Art. amended by R 12.9.2012; in force since 23.11.2012 - BU 2012, 541.

1 The geometry auditors and the Cantonal Valuation Office directly update the data within their competence contained in the computerized land register.

2 For the execution of the updates referred to in para. 1, the submission of any specific request for registration is not prescribed.

The dissemination to third parties of documents and information of any nature, obtained through direct access to data in the land register's IT system, is subject to special authorization issued by the land register supervisory authority.

Only data visible on screen or printed with the IT devices of the district registry offices produce the effects of the land register in accordance with Article 973 CC.

1 Any abuses committed in the exercise of the right of access, in the use and dissemination of information obtained from the land register database, shall as a rule entail the revocation of the authorisation.

2 Civil, criminal or administrative actions remain reserved.

In the event of sudden breakdowns or prolonged interruptions of the IT system, the land registrar promptly organizes the maintenance of the journal in written form.

1 The supervisory authority for the land register decides on the entry of properties into the definitive and provisional land register by means of a resolution to be published in the Official Gazette by the Federal Land Register Office.

2 The execution of the introduction is entrusted to the Federal Land Register Office.

The Federal Land Registry Office, within the scope of the land registry introduction procedure, is required to ask the municipal guardianship delegation to designate the curators whose special mandate is to represent individuals who meet the conditions contemplated by Articles 392 and 393 of the Civil Code.

The transcription of rights recorded from the provisional land register into the definitive or pro-definitive register takes place ex officio.

Transcription of old mortgages (Art. 33 LRF)

1 Once the entry of the land into the land register has been decreed, the Federal Land Registry Office publishes a list of mortgages resulting from the old registers, indicating the date of entry, the encumbered property, the creditor, the debtor, and the amount.

2 Interested parties are invited to notify the land registrar, within a period of three months from the publication of the notice, of the current status of the mortgages by presenting proof of the existence of the debt relationship and an application for creditor substitution.

Mortgages that have become without object due to the extinction of the secured credits or rights must be cancelled upon application by the interested parties, to be submitted to the competent registry office.

After the period fixed by the public notice has elapsed, the land registry official communicates the outcome to the Federal Land Registry Office.

In the event that no notification has been received, the respective entries are not transcribed into the new register.

[28] The Federal Land Registry Office shall compile a "real rights" form containing the following data ex officio

a) the designation of the parcel deductible from the valid survey documents;

b) the descriptive data of the parcel indicated by the valid survey documents, specifically

1. the parcel number

2. the surface area

3. the location

4. the cadastral plan number

5. the land cover;

c) limited real rights entered in the provisional land register after prior purification, those established during the land consolidation procedure, those ascertained during the execution of the official survey, as well as pre-existing rights that have been notified.

[28] Art. amended by R 14.6.2000; in force since 1.1.2001 - BU 2000, 311.

In cases where a parcel of land is located between different jurisdictions or between districts of a Municipality governed by different forms of land register, the Federal Land Registry Office shall ex officio enter a reference in the form of a mention.

Public Notice (Art. 36 LRU)

1 The Federal Land Registry Office publishes a notice in the Official Gazette, with a minimum duration of one month, for the verification of limited real rights registered ex officio. [29]

2 The publication must be repeated 15 days before the expiry of the aforementioned notice.

3 An extract from the Official Gazette is sent by the Federal Land Registry Office to the Municipalities of the interested communes and of the neighbouring communes, who are responsible for posting it on the municipal notice boards, as well as to all owners, holders of personal rights, and mortgage creditors.

[29] Para. amended by R 14.6.2000; in force since 1.1.2001 - BU 2000, 311.

The interested parties are hereby warned to notify the Federal Land Registry Office, within the publication period, of limited real rights - both active and passive - pre-existing the entry into force of the CC (1st January 1912) and to produce the relevant supporting documents.

[30] 1 The forms for real rights are transmitted for informational purposes to the owners and to the holders of limited real rights.

2 During the period of the public notice, interested parties may examine the displayed establishment documents at the Federal Land Registry Office.

[30] Art. amended by R 14.6.2000; in force since 1.1.2001 - BU 2000, 311.

[31] In the absence of specific challenges, the results of the announcement are deemed accepted.

[31] Art. modified by R 14.6.2000; in force from 1.1.2001 - BU 2000, 311.

For specific cases, the Federal Land Registry Office may summon owners and holders of limited real rights.

Notice of the rights notified during the tender shall be given to interested third parties.

1 If the date of establishment of an easement or a land charge notified during the introduction of the land register cannot be precisely ascertained, the right shall be entered in the land register with the date of closure of the public notice.

2 The indicative page of the main ledger shall also bear the following note: "entry in accordance with Article 97 LRF Reg."

1 If an entry, even an uncontested one, is not registerable or is manifestly illegal, it will not be entered in the indicative sheets of the ledger.

2 The Federal Land Registry Office will notify the interested parties, who reserve the right to challenge the non-entry.

1 Limited real rights that have lost all value, being without object or having become manifestly useless, are not entered ex officio in the new register.

2 For the procedure, paragraph 2 of the preceding article applies.

Abolished Rights (Art. 29, 30, 31 LRF)

The rights which, according to the Civil Code (CC), can no longer be constituted are recognized by the new law if they predate January 1, 1912. They may only be mentioned. The Federal Land Registry Office will conciliationally seek to modify such rights according to the forms of the Civil Code.

[32] 1 Objections concerning the accuracy of the content of the forms for limited real rights must, as a rule, be raised with the competent Federal Land Registry Office or otherwise submitted in writing, within the period of the public notice.

2 Objections to rights notified by third parties must be submitted in writing to the Federal Land Registry Office within thirty days of the notification. [33]

3 Objections must be reasoned.

[32] Art. modified by Ordinance of 14.6.2000; in force since 1.1.2001 - OS 2000, 311.

[33] Para. modified by Ordinance of 18.2.2014; in force since 1.3.2014 - OS 2014, 117.

[34] 1 The Federal Land Registry Office examines the objections and may, if necessary, summon the parties for an attempt at conciliation.

2 In such a case, the parties are obliged to appear in person or to be represented by a person holding a valid power of attorney.

[34] Art. amended by R of 14.6.2000; in force since 1.1.2001 - BU 2000, 311.

In the event of failure to reach conciliation or the non-appearance of the parties, the supervisory authority for the land register issues decisions and orders the relevant entries in the indicative folios of the general ledger.

The decisions of the supervisory authority concerning the land register, briefly reasoned, are communicated to the interested parties before the entry into force of the land register, with an indication of the appeal periods.

[35] 1 The decision of the supervisory authority may be appealed before the justice of the peace within thirty days of notification.

2 The summary procedure of the CPC is applicable by analogy.

3 The judgment must contain the appropriate provisions for the land register officer and has the effects provided for in Article 975 of the CC.

Entry in the land register (Art. 38 LRF)

[35] Art. amended by O 21.12.2010; in force since 1.1.2011 - AS 2010, 561.

In the event of a challenge, the mention provided for in Article 38 of the Land Register Act shall be entered in the indicative sheets of the general ledger by the Federal Land Registry Office based on a declaration issued by the judicial authority confirming the existence of the claim.

After the operations provided for in Title X of these Regulations have been completed, the Land Register supervisory authority, without prejudice to the outcome of the complaints referred to in Article 105, shall fix the date of entry into force of the Land Register by decree to be published in the Official Gazette.

1 The plan provided for in Articles 68 and 69 ORF must include: [36]

a) a plan showing the adjacent properties and the municipality where they are located, derived from the current cadastral map, from which the perimeter of the property constituted as a condominium (PPP) is evident;

b) a sketch of each floor showing the delimitation (the perimeter) of each floor unit or single room with a clear indication of access;

c) the plan for the allocation of common parts;

d) the numbering of each floor unit starting from the lowest floor;

e) a "legend" indicating the nature and number of the rooms.

2 For the design of individual apartments, floors, or rooms, a clear architectural plan is sufficient.

Registration of the condominium (PPP) upon completion of construction: official confirmation (Art. 47 LRF)

[36] Phrase modified by R 12.9.2012; in force since 23.11.2012 - BU 2012, 541.

1 If, upon receipt of an application for the registration of the PPP after construction is completed, the land registry official deems official confirmation necessary, he shall assign the interested party or parties a period of 30 days to request such confirmation from the competent surveyor and to produce proof that it has been requested.

2 If the applicant or applicants fail to do so within the assigned period or if the confirmation is not produced within 30 days of when the request was submitted to the surveyor, the official shall reject the application for registration. Extensions of the period may be granted for plausible reasons.

[37] 1. If, at least two years after the registration of the PPP before construction, the notification of the completion of the building, together with the documents provided for in Article 69 paragraph 3 ORF, has not yet been received, the land register official shall admonish the owner or owners to provide it within a period of 30 days.

2. If the admonition remains unanswered, the land register official shall proceed in accordance with Article 69 paragraph 4 ORF.

3. If, on the other hand, it appears that construction is underway or that the building permit has been extended, the land register official shall take note thereof and repeat the procedure after a further appropriate period of time.

[37] Art. amended by R 12.9.2012; in force since 23.11.2012 - BU 2012, 541.

If, after at least two years from the registration of the PPP before construction, it results that the construction has not even been initiated and the building permit has definitively lapsed, the registration may be considered devoid of all value, thereby legitimizing its ex officio cancellation pursuant to Art. 976 CC.

1 When grouping land parcels and conducting a cadastral survey, the original ownership of floors (buildings with rooms and floors belonging to different owners) must be assessed and adjusted, and existing projection rights must be ascertained and recorded.

2 The results of the assessment and adjustment referred to in paragraph 1 shall be published, during the survey, in accordance with the procedure provided for termination sketches, or for survey documents, respectively.

3 The results of the assessment and adjustment referred to in paragraph 1 shall be published, during the land grouping process, in accordance with the procedure provided for the project of the new land redistribution under the Land Grouping and Exchange Act (LGEA).

The adaptation of the original condominium ownership (condominium ownership rights of the Ticino Civil Code) with the determination of the condominium ownership shares under the new law, can be agreed upon by the parties through a contract stipulated by public deed.

Adaptation upon request by a party (Art. 7 LRF)

1. Anyone with a legitimate interest may request the Federal Land Registry Office to determine the condominium ownership shares and to adjust the related entries in accordance with the regulations on condominium ownership.

2. The Federal Land Registry Office shall have the revision surveyor prepare the distribution plan of the units or premises subject to exclusive right and the table for attributing value shares.

3. The Federal Land Registry Office shall convene the co-owners holding original condominium ownership and the holders of limited real rights apparent from public registers for an attempt at conciliation.

4. If the conciliation attempt fails, the Land Registry Supervisory Authority shall determine the subject matter of the condominium ownership, the delimitation of the floors and premises for exclusive use, the co-ownership shares in hundredths or thousandths, notifying all interested parties, with the warning that, in the absence of an appeal within 30 days, this decision becomes final and the related modification of the entries is made ex officio.

5. The costs of the administrative procedure shall be borne by the State. Those relating to the preparation of the distribution plans shall be borne by the applicant.

[38] 1 The decision of the supervisory authority may be challenged before the Justice of the Peace within thirty days of its notification.

2 The summary procedure of the CPC is applicable by analogy.

Purging of the definitive or preliminary land register (Art. 7 LRF)

[38] Art. amended by R 21.12.2010; in force since 1.1.2011 - BU 2010, 561.

For the adaptation of original condominium ownership, the supervisory authority over the land register may at any time order the purging of the definitive or preliminary definitive land register for one or more municipalities.

1 The Federal Land Registry Office, which is responsible for the implementation of the purification, has the cadastral survey, the plan for the division of units or premises subject to exclusive rights, and the table of attribution of value shares prepared by the revising surveyor.

2 The determination of the original condominium properties and their respective value shares shall be the subject of a public announcement in the form provided for in Article 91.

1 Within the terms of the public notice, the Federal Land Registry Office convenes all owners for the examination of the relevant supporting documents (cadastral survey, apportionment plan, and new land registration), for the signing of the deeds, and for the drafting of a hearing minute.

2 Owners who fail to comply with the obligations referred to in the preceding paragraph shall be reconvened by registered letter, with the warning that in case of further non-response, the findings of the public notice shall be deemed accepted.

1 The Federal Land Registry Office shall prepare a form for each main parcel and for each special sheet for condominium ownership, listing the real rights registered in the land register.

2 Mortgage creditors and holders of personal rights must return the form, duly signed, as a sign of acceptance or with any observations, within one month of its dispatch.

The interested party who intends to contest the new entry must appeal to the Federal Land Registry Office within the period set by the announcement.

1 The Federal Land Registry Office summons the parties by registered letter for an attempt at conciliation.

2 The parties are obliged to appear in person or to be represented by a person holding a duly executed power of attorney with an authenticated signature.

1 In the event of a failure to reconcile, the supervisory authority for the land register issues decisions and orders the corresponding entries in the indicative sheets of the general ledger.

2 For court fees, Article 39 of the Land Register Act applies by analogy.

The decisions of the supervisory authority concerning the land register, briefly reasoned, shall be communicated to the interested parties, indicating the periods for appeal.

[39] 1 The decision of the supervisory authority may be appealed before the justice of the peace within thirty days of notification.

2 The summary procedure of the CPC is applicable by analogy.

3 The judgment must contain the appropriate provisions for the land register officer and has the effects provided for in Article 975 of the Civil Code.

4 The existence of the complaint is mentioned in the indicative pages of the ledger, analogously to what is provided for in Article 38 of the Land Register Act and Article 106 of these regulations.

[39] Art. amended by R 21.12.2010; in force from 1.1.2011 - BU 2010, 561.

The supervisory authority for the land register, without prejudice to the outcome of appeals, shall fix the entry into force of the new inscription by means of a decree to be published in the Official Gazette.

Once the adjustment procedure is concluded, the old cantonal registers of condominium ownership will cease to be valid. However, these will be preserved at the respective district land registries, similar to the supporting documents.

The costs of the administrative procedure as well as those relating to the preparation of the distribution plans shall be borne by the State.

1 If the building subject to original condominium ownership has been demolished or is so deteriorated that restoration to its original state is excluded, and thus the possibility of determining the elements required by Article 712e paragraph 1 CC, the land register official proceeds in accordance with Articles 976 et seq. CC and 69 paragraph 4 ORF. [40]

2 The same procedure applies if the building has been reconstructed without respecting the original structure and physical composition apparent from the official plans.

[40] Para. amended by R 12.9.2012; in force since 23.11.2012 - BU 2012, 541.

1 The supervisory authority for the land register may at any time order the adjustment of original condominium ownership in one or more municipalities under a provisional land register regime.

2 The adjustment is carried out according to the procedure set out in Articles 117 et seq. of these regulations, which are applicable by analogy.

[42] 1 The Statistical Office of Canton Ticino (hereinafter: Statistical Office) manages the real estate transaction database (hereinafter: database).

2 The database is a tool designed to facilitate, for statistical purposes, the processing and dissemination of data on real estate transactions collected by the land registry offices and entered in the land register in accordance with Art. 45 LRF, as well as additional information concerning real estate originating from other sources.

3 Information from the database received in accordance with Art. 45 LRF may be processed and disseminated by the Statistical Office also for administrative purposes.

4 The provisions of the Law on the Protection of Personal Data of March 9, 1987, and the Law on Cantonal Statistics of September 22, 2009, remain reserved.

[42] Art. introduced by R 16.3.2011; in force since 1.7.2011 - BU 2011, 367.

[43] 1 The database contains and manages information transmitted by the Land Registry Offices to the Statistical Office, regarding

– real estate transactions (in particular their value);

– purchasers of properties;

– sellers of properties;

– properties subject to a transaction;

– condominium units (PPP) subject to a transaction.

2 The database may contain and manage additional information on properties, particularly of a planning nature, originating from public sources and other authorities, in particular from the Valuation Office.

[43] Art. introduced by R 16.3.2011; in force since 1.7.2011 - BU 2011, 367.

[44] 1 As the responsible body, the Statistical Office

1. manages the database, with the technical support of the Information Systems Centre;

2. ensures the protection and security of data, by adopting appropriate technical and organizational measures;

3. manages the dissemination of data for administrative purposes, verifying the competence of the requesting authorities and defining the procedure; it enters into agreements with such authorities specifying the purpose and modalities of access, use, and storage of the transmitted information;

4. processes data for statistical purposes in accordance with the provisions of the Cantonal Statistics Act of 22 September 2009.

2 Access to the information contained in the database for administrative purposes, within the meaning of Art. 129a para. 3, may only be granted to authorities authorized by the Department of Justice to access land register data, according to the modalities provided for in Art. 75 para. 2 and 3, and which require such information for the fulfillment of their respective legal duties.

3 For all other matters, the provisions of the Personal Data Protection Act of 9 March 1987 and the Cantonal Statistics Act of 22 September 2009 are applicable.

[44] Art. introduced by R 16.3.2011; in force since 1.7.2011 - BU 2011, 367.

I. The following are hereby repealed

A. The regulation of the Law of February 2, 1933, on the Land Register of July 9, 1935.

B. The executive decree concerning the constitution and issuance of land annuity mortgage bonds within the provisional land register of August 31, 1912.

C. Articles 116, 117, 118, 119, 120, and 121 of the regulation on cadastral surveying in execution of the Law of February 2, 1933, on the Land Register of July 9, 1935.

II.

The regulation on cadastral surveying in execution of the Law of February 2, 1933, on the Land Register of July 9, 1935, is amended as follows

TITLE

Regulation of the Law on Cadastral Surveys of July 9, 1935.

[46] This Regulation, having obtained the necessary approval from the federal authority, shall be published in the Official Bulletin of Laws and Executive Acts of the Canton of Ticino and shall enter into force immediately. [47]

Published in OB 1998, 165.

[46] Federal approval: June 2, 1998 - OB 1998, 181.

[47] Entry into force: June 5, 1998 - OB 1998, 181.