Regulations for the Maintenance of Official Cadastral Censuses of Municipalities with the Provisional Land Register System

The municipality is competent and responsible for maintaining the municipal cadastral records. Update operations are carried out by the municipal secretary or an employee designated by the municipality.

The maintenance of the cadastral records (censuari catastrini) and the issuance of the relevant extracts is, as a rule, within the competence of the municipal officer until the beginning of the second period of land consolidation (Art. 61/3 para. LRF 1933), which means until the publication of the governmental resolution approving the project for the new distribution of land in the first instance. From this moment until the approval of the new cadastral measurement, the maintenance of the registers is the responsibility of the surveyor contracted for the land consolidation (RT); subsequently, until the introduction of the definitive land register, it is the responsibility of the district revision surveyor.

[1] The supervisory authorities in matters of municipal land register extracts are

a) the Cantonal Valuation Office regarding the description of properties and their official estimated value;

b) the Department of Justice regarding the registration of parcels and individual properties.

[1] Art. modified by R 20.12.2005; in force since 1.1.2006 - BU 2005, 451; previous modification: BU 1994, 506.

The municipal official must

a) register in the cadastral register, at the latest within 15 days (LRF 1933, Art. 25), all changes communicated to them monthly by the registry office;

b) preserve in annual files, in chronological order, the communications transmitted by the registry office, to justify the entries made in the municipal cadastral registers, from 1912 onwards. On each extract received from the registry office, the municipal official indicates the date of receipt and the date of the cadastral register's update.

Neither the municipality nor the municipal officer may make corrections in the municipal cadastres.

The registration of assets acquired by the wife or minor children under the head-of-family’s ledger is not permitted.

Specifically, the automatic transfer (voltura) of assets from an inheritance devolved to the heirs is prohibited. The change in the title of assets from a deceased person to the community of heirs can only be registered in the municipal cadastre after the related registration in the Land Register (art. 656, para. 2 Civil Code).

[2] During the preparation of new cadastral sheets, it is not permitted to modify property headings without a prior transfer in the land register and authorization from the Division of Justice.

For accurate entry, property headings must be recorded in the form prescribed by Art. 15 of the Regulations concerning the Land Register Act of April 1, 1998.

[2] Art. modified by R 20.12.2005; in force since 1.1.2006 - BU 2005, 451; previous modification: BU 1994, 506.

In the event of a dispute regarding errors in the cadastral survey plans, the municipal officer shall notify the competent supervisory authority referred to in Art. 3 of this regulation to request the necessary assessment and authorization to proceed with the correction.

For the maintenance of the municipal cadastral register, the following rules apply

Only qualified technicians may prepare mutation plans (survey plans). Where official cadastral surveying exists, only the district cadastral surveyor is authorized to prepare such plans.

The mutation plan must be prepared in as many copies as there are parties, plus two: one for the land registry office and the other for the officer responsible for maintaining the cadastral register, which must be added to the collection of monthly extracts of mutations.

The survey plan, in addition to providing the scaled plan, must indicate the old and new situation, with a complete description of the lands subject to the mutation, with their respective old and new areas and the relevant titles. All copies of the survey plan must bear the date and signature of the preparer and of the interested parties.

Before preparing a survey plan, the technician must request the data resulting from the municipal map (where it exists) and from the cadastral register.

Municipalities must preserve in the municipal registries or in a suitable and easily accessible archive, the old cadastral records (summary registers, individual property registers, building registers, transfer registers and their respective indexes) so that they can be consulted at any time for the ascertainment of property rights and related transfers, both during normal maintenance and in the context of land regroupings and cadastral surveying.

Censual extracts must be a certified copy of the censual cadastral record and accurately reproduce the heading and the data of individual properties.

In the event that an entry (partita) is registered to the heirs of an owner deceased after January 1, 1912, without the succession having been registered in the Land Register (RF), the censual extract must be registered to the deceased.

Should the censual extract of all assets belonging to the same person be requested, an extract of the personal entry (partita) will be made, and separately, an extract of the assets held in joint ownership or co-ownership.

Extracts of property mutations from 1897 onwards must be issued by the municipal officer responsible for maintaining the cadastral register.

In municipalities where land consolidation or cadastral surveying is underway and the cadastral extract is to be issued by a surveyor, the keeper of the cadastral register must always require the surveyor to indicate in the specific parcel also the old map numbers that constituted the interest or ownership of the applicant, or their co-heirs, before the land consolidation (RT), even if the application refers to only one of the newly assigned parcels.

[3] For operations carried out by the municipal agent, the following fees are established for opening new entries in the land register and transferring individual parcels

a)

for the registration of a new entry or the modification of an existing entry

fr. 10.--

b)

for the registration of each parcel

fr. 2.--

c)

for the registration of each sub-parcel

fr. 1.--

d)

for the modification of only the total or partial estimated values of parcels following subdivision or change of cultivation, for each modified parcel or sub-parcel

fr. 2.--

These fees include the cancellation of the old entry for individual parcels and the updating of the list of owners (rubricated).

e)

for cadastral extracts issued by the municipal chancellery

up to ten cadastral units or sub-parcels

for each additional cadastral unit or sub-parcel

fr. 15.--

fr. 2.--

f)

for an extract from the cadastral register, concerning mutations that have occurred since 1897

for the first page of transcription

for each subsequent page

fr. 100.--

fr. 75.--

If the work for compiling the transfer requires more than one hour per page, a supplement of fr. 60.-- will be charged for each additional hour.

Municipal stamp duties corresponding to the amount of the fees requested must be applied to invoices and extracts. All interested parties are jointly and severally liable to the Municipality for the payment of fees for operations concerning them, whether carried out at their request or ordered ex officio.

For any disputes concerning the tariff, reference is made to Articles 208 et seq. Loc.

[3] Article modified by R 13.9.1994; in force since 16.9.1994 - BU 1994, 506; previous modification: BU 1982, 268 and 288.

[4] Contraventions by Municipalities and their representatives of the provisions of this regulation are punished in accordance with the provisions of the municipal organic law.

Civil and criminal actions are reserved in all cases. Registry officers and all other authorities who become aware of abuses or entries contrary to the provisions of this regulation are obliged to report them to the Council of State.

[4] Art. amended by R 13.9.1994; in force since 16.9.1994 - BU 1994, 506.

This Regulation shall enter into force [5] upon its publication in the Official Bulletin of Laws and Executive Acts and repeals

1. the provisions issued by the Council of State on this matter on 28 June 1930;

2. DE on fees for cadastral transfers of 7 June 1918; letters g)-h) of Art. 57 of DE 3 November 1950 implementing the LOC are repealed and replaced by numbers 2 and 3 of Art. 13.

Published in OB 1958, 48.

[5] Entry into force: 13 May 1958 - OB 1958, 48.