Rs 211.432.261 Order Of 21 May 2008 On The Surveyors Engineers (Ordinance On Surveyors, Geomv)

Original Language Title: RS 211.432.261 Ordonnance du 21 mai 2008 concernant les ingénieurs géomètres (Ordonnance sur les géomètres, OGéom)

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211.432.261 Ordinance engineers Surveyors (Ordinance on surveyors, Geomv) may 21, 2008 (Status January 1, 2012) the Swiss federal Council, having regard to art. 29, al. 3, let. b and c, and 41, al. 3, of the Act of 5 October 2007 on geoinformation (Geoig), stop: Section 1 purpose art. 1. this order regulates: a. the conditions for admission to the State examination; b. the conduct of the State examination and the surrender of the patent; c. the register of engineers patented surveyors; d. the professional obligations of Surveyors engineers patented; e. the tasks and organization of the commission's surveyors.

Section 2 requirements for admission to examination of State art. 2 principle is allowed to pass the State examination to obtain the patent of engineer surveyor any candidate: a. a recognized high school diploma holder; b. justifying sufficient theoretical training, etc. with professional experience of at least two years, in relation to the level required in the themes of the review.

S. 3 a high school diploma are recognised as a high school graduates: a. masters issued by a Polytechnic Federal (EPF); b. the accredited masters issued by a Swiss College; c. the equivalent level diplomas awarded by a foreign high school.

S. 4 theoretical training the candidate must demonstrate theoretical training of academic level in the following disciplines: a. scientific basis: 1 mathematics, 2 Physics;

b. geomatics: 1 bases geodetic, 2 techniques of measurement and methods of geodetic processing, 3 theory of errors and compensation calculations.

c. information technology: 1 computer, 2 geographic information systems;

d. measurements Swiss: 1 land surveying, 2 official cadastral survey;

e. management of the territory: 1 planning and development of the territory, 2 parcel redesign and tenure, 3 evaluation real property;

f. Switzerland right: 1 law general, 2 administrative, 3 real and right rights land, 4 law of surveying and geoinformation, 5. right of construction, spatial planning and the environment;

g. business management: 1 business economics, 2 project management.

It must demonstrate theoretical training of the level of the maturité Swiss in the following disciplines: a. first national language; b. second national language; c. geography of the Switzerland; d. history of Switzerland and civics.

The commission's surveyors fixed the conditions for recognition of theoretical training in various disciplines in collaboration with high schools. It relies for this purpose on the curriculum of the ETH.

S. 5 recognition procedure the request for recognition of a high school diploma of the theoretical training shall be filed in writing with the commission's surveyors, at the latest when registering for the State examination.
The following parts must be attached to the application: a. the diploma delivered by a high school referred to in art. 3; b. intermediate certificates, including certificates attesting to the success of examinations in the subjects referred to in art. 4, al. 1; c. Swiss maturity certificate or equivalent proof of the training referred to in art. 4, al. 2. a Swiss professional maturity certificate or a diploma issued by a Swiss College are credentials recognized the theoretical training referred to in art. 4, al. 2. the commission's surveyors: a. shall decide on the recognition of a high school diploma; b. decides whether the conditions for recognition of theoretical training are met in various disciplines.

It shall communicate its decision in writing to the candidate.
It may return an incomplete application to make it complete.

S. 6 review of the theoretical training a candidate may take an exam when his training is not recognized in a discipline.
The commission's surveyors is responsible for the conduct of examinations.
It mandates the ETH or, where appropriate, other high Swiss schools or experts to do the examinations.

S. 7 result of the examination experts having the examination to assess the results obtained by the candidate in various disciplines for the surveyors Committee.
The commission's surveyors statue on the success of the review and determines if the required theoretical training is recognized.
It shall communicate its decision in writing to the candidate.

S. 8 repeat the examination may be repeated once in each disciplines presented.

Section 3 review of State art. 9 the State examination examination is a practical examination covering the following topics: a. cadastral surveying: including the Organization and procedures of the official cadastral survey; the right of the land register, surveying and geoinformation; b. geomatics: including the geodetic bases; measurement techniques and methods of treatment; the input, update and management of geodata; data modeling; the analysis of data; visualization; c. land management: including the planning and development of the territory: the piecemeal reshuffling and land tenure; the assessment real estate and land; real rights and land law; the right of the construction of the spatial planning and the environment; d. business management: including business economics; project management; public procurement; the training; professional associations including their ethical rules; of labour, public and private law, contract law and corporate law.

The surveyors commission defines the material for each of the themes.

S. 10 conduct commission surveyors made the exam.
It may appeal to experts.
The State examination is held once per year. Examination dates and registration deadline are published in the Feuille fédérale and the specialised press bodies.

S. 11 admission procedure the candidate fits in writing to the State examination with the commission's surveyors.
He joined his registration the following parts: a. a curriculum vitae; b. the proof of professional experience (art. 2 c); c. the recognition decision (art. 5, Al 4) or the application of recognition (art. 5, para. 1-3).

Surveyors commission decides on the admission to the State examination. It establishes the programme and convenes candidates satisfying the required conditions.
It communicates its decision and the notice in writing to the candidate.

S. 12 impediment if a candidate is victim of an impediment (illness, accident, or any other serious reason) and cannot stand the State examination or some of his events, he is required to inform without delay the commission's surveyors and to provide a medical certificate or proof.
The president of the commission of Surveyors decides if the reason given is admissible and if the candidate is obliged to continue the State examination. This interlocutory decision is final.
The commission's surveyors decides to what extent the results of already past tests are taken into account.
In the absence or disqualification without just cause, the candidate is deemed to have failed the State exam.

S. 13 result the members of the commission's surveyors, as well as the experts at which she appealed, pronounce on the success or failure of the candidates for each relevant themes.
The candidate is received when he has passed the examination in each of the four themes.
Surveyors commission decides on the success or failure to the State examination. It motivates its decision in the event of failure.
It shall communicate its decision in writing to the candidate.

S. 14 patent any candidate having passed the State examination is the patent of engineer surveyor.
The document is issued by the commission of Surveyors and jointly signed by the head of the federal Department of defence, protection of the population and Sport (DDPS) and the president of the commission of Surveyors.
The patent holders are allowed to use the title "engineer patented surveyor" and its abbreviation "ing." geom. brev."as part of their professional activity.

S. 15 repeat the State examination may be repeated once.
Only are repeated themes of the examination in which the candidate has failed.

S. 16 disloyalty of Surveyors commission may decide that a candidate has failed the State examination if: a. the admission was obtained through false or incomplete information; b. the candidate used illegal means during the examination.

If the commission's surveyors has knowledge of disloyalty after the grant of the patent, it can remove it.

Section 4 register surveyors s. 17 conditions can be recorded in the register of engineers Surveyors (register of Surveyors) any person: a. holds the patent of engineer surveyor; b. capable of discernment and exercising rights civilians; c. whose criminal record has not or no longer criminal conviction for acts incompatible with the exercise of the profession; includes d. able to exercise the profession of surveyor under his own responsibility.

S. 18 registration the person concerned must send a registration request to the commission's surveyors.
It attaches the following documents to its application: a. the registration form duly completed; b. a copy of the patent; c. a current extract from the judicial record; d. a certificate of morality established by the municipality of residence, stating also its ability to exercise its rights civilians; e. a signed statement by which it certifies that it meets the requirement of art. 17, let. (d).


The commission's surveyors shall decide on the inclusion and communicates its decision to the person concerned. In case of refusal, it motivates its decision.

S. 19 cancellation of Surveyors commission decides to remove a person from the register of Surveyors when: a. the conditions required for registration are no longer fulfilled; b. it was forbidden to practice for disciplinary reasons, with reintegration at the end of the period of prohibition; c. the person has not paid the fee for registration at the expiry of a reasonable period of implementation remains; d. the person requests its removal.

Entered into force cancellation decisions are communicated to the cantonal authorities responsible for the supervision of the official cadastral survey.

S. 20 content register of Surveyors contains the following data: a. name, surname, date of birth and place of origin or nationality; b. date on which the State examination was successful; c. private address, business address, and name and seat of the employer in the case of salaried activity; d. disciplinary measures not revoked.

Persons registered in the register of surveyors are required to communicate any changes to their data to the commission's surveyors within a period of 30 days.

S. 21 access the following data from the register of surveyors are made available online to the public: a. name and first name; (b). professional address.

Other data are not public. Their consultation is open: a. the Federal Directorate of cadastral; b. to the cantonal authority responsible for the supervision of the official cadastral survey; c. the criminal prosecuting authorities; d. to the registrant, for the data concerning him.

Section 5 Professional Obligations, monitoring of the profession s. 22 professional obligations engineers surveyors recorded in the register of surveyors are subject to the following professional obligations: a. perform their function in the rules of art, with care and diligence, for the benefit of the Corporation; b. perform their work independently, on their own behalf and on their own responsibility, whether as an individual, on behalf of a corporation or in the public administration; c. behave in a neutral and objective in the case of conflict between the interests of their clients in the field of cadastral and persons with whom they are in relationship professionally or private; d. may advertise only if it is limited to objective facts and meet the public interest; publicity for the activities of the private sector must be separate from that for the official tasks; e. enter into a professional liability insurance offering coverage tailored to the extent of the risks related to their activity; f. inform their customers of the terms of billing and inform them in full transparency on the work performed; g. deepen, extend and improve their knowledge , their skills and their professional skills through continuous training; h. silence on all information which they have been entrusted or they could collect in exercising their profession; i. to state of registration in the register of Surveyors when they are engaged in affairs which concern the exercise of functions of the official cadastral survey; j. tell the truth and disclose their trade documents to the cantonal and federal supervisory authorities.

The al. 1, let. (c) to (e), does not apply to persons who perform work of the cadastral surveying in as an employee of the public sector.
The al. 1, let. f and j, does not apply to the persons referred to in the al. 2, which perform functions of supervision of cadastral surveying.

S. 23 right of inspection the commission's surveyors may conduct inspections at any time. In some cases, it can delegate this task to the cantonal authority responsible for the supervision of cadastral surveying.

S. 24 obligation and right to inform the Federal cadastral and the cantonal authority responsible for the supervision of cadastral, of even the cantonal criminal prosecution authorities, inform the commission of Surveyors of any event leaving suspect a violation of professional obligations without delay.
The criminal prosecuting authorities inform the commission of Surveyors from any condemnation came into force, pronounced for acts incompatible with the exercise of the profession of surveyor.
Any person may inform the commission of the surveyors of events leaving suspect a violation of professional obligations.

S. 25 disciplinary proceedings in cases of suspicion of breach of professional duty, commission surveyors opens disciplinary proceedings. It shall inform the person concerned.
Surveyors commission gives the opportunity to the person concerned to respond to the reproaches which directed. The latter then receives copy of the information referred to in art. 24. the commission's surveyors invites the cantonal authority responsible for the supervision of the official cadastral survey to take a position relative to the criticisms or the events in question.
It may take the following measures for the purposes of the evidence: a. examine persons who provided information, if parties consent; b. ask the person concerned; c. conduct an inspection; d. order the return of the cantonal authority responsible for the supervision of cadastral parts.

It settles after oral deliberation behind closed doors. Its decision takes into account the seriousness of the events, still listed disciplinary measures in the register of Surveyors and the adequacy of the measure provided.
It shall communicate its decision in writing to the person concerned and inform the cantonal authority in charge of the cadastre.

S. 26 disciplinary measures in the event of violation of professional obligations or refusal to grant the right of inspection, the commission's surveyors may impose the following disciplinary measures: a. measuring continuing education; b. warning; c. blame; d. temporary prohibition to practice for a maximum period of two years; e. prohibition to practice.

It may order a fine of 20,000 francs up in addition to a warning, a reprimand or a ban on practicing.

S. 27 prescribing the disciplinary proceeding shall lapse one year from the day the commission's surveyors had knowledge of the incriminating acts.
The period is interrupted by any act of instruction conducted by the commission's surveyors.
The disciplinary proceeding shall be brought in any case ten years from the day where the incriminating acts have occurred.

S. 28 radiation of the disciplinary warning, reprimand and fine are struck off the register of Surveyors five years after they are delivered.
The temporary prohibition to practice is struck off the register of Surveyors ten years after the end of its effects.

Section 6 Commission of s. surveyors 29...

A Federal Panel of engineers Surveyors (commission of Surveyors) is established to carry out the tasks referred to in art. 41, al. 2, Geoig and in this order.
Quorum is reached when at least 5 members are present.

Repealed by the c. 4.1 o Nov. 9. 2011 (review of the extra-parliamentary commissions), with effect from 1 Jan. 2012 (2011 5227 RO).
Introduced by the c. 4.1 o Nov. 9. 2011 (review of the extra-parliamentary commissions), in force since 1 Jan. 2012 (2011 5227 RO).

S. 30-34 repealed by the c. 4.1 o of 9 nov. 2011 (review of the extra-parliamentary commissions), with effect from 1 Jan. 2012 (2011 5227 RO).

Section 7 fees art. 35 fees for examination following examination fees are collected: a. for the examination of theoretical training, 180 francs per discipline with a ceiling of 1800 francs; b. for the State examination, 450 francs by theme.

In case of cancellation no later than 60 days before the date of the start of the examination, the paid fees are reimbursed.

S. 36 fee on the entry in the register the registration fee amounts to 100 francs per calendar year. It is due for any year has begun.

S. 37 fee relating to the disciplinary procedure if disciplinary measures are pronounced, the procedure costs between 500 and 2000 francs, proportional to the volume of work, can be charged to the person concerned.
The fee is fixed by decision of the commission's surveyors.

S. 38 due fees must be paid within a period of 30 days from the invoice date.

S. 39 applicability of the General Ordinance on the fees the provisions of general order of 8 September 2004 on fees apply, for as much as this order does not contain any special provision.

RS 172.041.1 Section 8 provisions finals s. 40 repeal of the duty in force the following orders are repealed: a. order of 16 November 1994 concerning the federal diploma of engineer surveyor; b. order of 6 October 1980 concerning the fees for the examination of surveyor technician.

[RO 1995 881, 1997 1678, 2005 1095, 2006 4705 c. II 20]
[1980 1517 RO]

S. 41 transitional provisions the training acquired under the old law is recognized as theoretical training within the meaning of art. 4 for five years from the date of the entry into force of this order.

The admission decisions made under the old law have value of recognition of theoretical training for five years from the date of the entry into force of this order.
The holder of a patent for an engineer geometrician valid at the time of the entry into force of this order is recorded in the register of surveyors at its request, provided that he meets the conditions set out in art. 17. the documents referred to in art. 18, al. 2, must be attached to the application.
Any person who performs work of cadastral surveying self-employed at the time of the entry into force of this order must file its application for entry in the register of Surveyors within a period of one year. It is authorized to carry out the work until a decision on its inclusion is taken.
No charge registration is levied for the year 2008.

S. 42 entry into force this order comes into force on July 1, 2008.

RO 2008 2779 RS 510.62 State on January 1, 2012