Rs 510.622.4 Order Of 2 September 2009 On The Cadastre Of The Right Restrictions Of Landownership (Prlr)

Original Language Title: RS 510.622.4 Ordonnance du 2 septembre 2009 sur le cadastre des restrictions de droit public à la propriété foncière (OCRDP)

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510.622.4 order on the cadastre of the right restrictions of landownership (PRLR) of September 2, 2009 (State October 1, 2009) the federal Council Swiss, under art. 949, al. 1, of the civil code, the art. 5, al. 2, 6, al. 1, 12, al. 2, 13, al. 2, 16, al. 2 and 5, and 46, al. 2, of the Act of 5 October 2007 on geoinformation (Geoig), stop: Section 1 provisions general article 1 purpose and scope of application this order regulates the cadastre of the right restrictions of landownership (cadastre) referred to in art. 16 Geoig.
The order of 21 May 2008 on geoinformation (Ogeo) applies for as much as this order does not contain any special provision.

RS 510.620 s. 2 purpose of the land cadastre must contain reliable information concerning the public right to land ownership restrictions defined by the Confederation and the cantons and make this information accessible.

Section 2 contents and information of the cadastre s. levels 3 contents the cadastre includes: a. geodata designated in Schedule 1 Ogeo as part of cadastre; b. geodata binding the owners, designated by the canton pursuant to art. 16, al. 3, Geoig; c. the legal provisions forming a unit with geodata associated with them, which directly describe the restriction of property and are governed by the same procedure; d. references with the legal bases of restrictions on landownership; e. information and additional references to the understanding of the right restrictions of landownership provided that they are provided in the data model provided for in art. 9 Ogeo.

RS 510.620 s. 4 levels of information the federal Office of topography defines a framework model for the data of the cadastre, applicable to all technical areas and containing, inter alia, the minimum structure for data models.
The respective specialized services of the Confederation shall fix, in the data model provided for in art. 9 Ogeo and the associated representation model provided for in art. 11 Ogeo geodata to make available and present in the planimetric cadastral reference.
They enact minimum requirements applicable to the reproduction of legal provisions and references to legal bases.

RS 510.620 Section 3 registration cadastre s. 5 provision of data the service referred to in art. 8, al. 1, Geoig puts at the disposal of the body responsible for the cadastre according to art. 17, al. 2, input and updates referred to in art. 3, in a digital form.
It confirms to the responsible body of the cadastre data satisfy the following requirements: a. they represent restrictions to land ownership that have been decided upon and approved by the competent authority in accordance with the procedure prescribed by the specialized law; (b) they are in force; c. they were the subject of a review of compliance with the decision carried out under the responsibility of the competent body.

Geodata under federal law must comply with the requirements of art. 4, al. 2, additional geodata designated by the canton to comply with the qualitative and technical general minimum applicable to geodata under federal law.

S. 6 review by the responsible body of the cadastre the cadastre authority checks if the confirmation provided for in art. 5, al. 2, exists and if the data meet the requirements laid down in art. 5, al. 3 s. 7 registration and amendment of data are recorded in the cadastre on the entry into force of the restriction. The publication provided for in art. 16 is reserved.
The date of registration or the last data modification must appear continuously.

S. 8 registration procedure the canton regulates the terms and conditions of the registration procedure.

Section 4 forms of access art. 9 Geoservices access to the contents of the cadastre is performed via a consultation service. Art. 4, al. 2, is reserved.
The geodata concerned are also available as part of a download service.

S. 10 extract an extract consists of an analog or digital representation of contents of the cadastre relating at least to land or to a separate and permanent right.
Data relating to public law, land ownership restrictions are superimposed on the "land" of cadastral information layer.
Extract specific contents of the cadastre which are represented and those who are omitted.
The federal Office of topography lays down requirements for the production and the representation of extracts.

S. 11 extract containing reduced information anyone command preview may request that the following content items are omitted: a. additional geodata designated by the canton; b. legal provisions; c. the data represented in the official planimetric reference.

S. 12 additional information annex 1 Ogeo geodata can be represented as non-binding information, in addition to the contents of the cadastre. The federal Office of topography may prescribe minimum requirements.
The canton may be associated with the contents of the cadastre of information on changes under public law to the ownership restrictions.

RS 510.620 s. 13 the federal Office of topography search service provides access to the cadastres of the townships via a search service according to art. 36, let. b, Ogeo.

RS 510.620 Section 5 Certification article 14 conformity certified extract the canton refers to the bodies responsible for the production and compliant certified extracts issued.
Compliant certified extracts are issued on request.
By certification, it is officially confirmed: a. that the reproduced data correspond to the State of the cadastre on the date indicated; b. that the layer of information «land» corresponds to its State at the date indicated.

The canton regulates the procedures for the certification procedure.

S. 15 certification retrospectively the cantons may allow certification post-clearance refunds of geodata of the cadastre.

Section 6 official publication organ function s. 16. the cantons may prescribe that the official publication organ function is attributed to the cadastre for public right to land ownership restrictions.

Section 7 Organization art. 17 outfit of the cadastre of the Township regulates the Organization of the cadastre.
It designates a responsible body of the cadastre.
It provides centralized access to the cadastre.

S. 18 high monitoring the federal Office of topography exercises supervision on the holding of the cadastres.
It may in particular: a. promulgate guidelines and general recommendations relating to the introduction, the establishment and the maintenance of the cadastre as to the application of this order; (b) carry out checks of the services responsible for cadastre; c. consult all official documents concerning the holding of the cadastre; d. request execution by alternatives to the federal Council, through the Department of defense the protection of the population and sports (DDPS); e. collect or make collect third party mandated data for statistical purposes or evaluation.

It puts control instruments at the disposal of all for all of the models prescribed by the Confederation.

S. 19 strategy of the Confederation the RFSP fixed strategy of the Confederation in the cadastre.

Section 8 funding art. 20 federal contribution federal contributions are used as follows, within the limits of the appropriations allotted: a. a share of more than 10% is reserved for priority projects; b. at least 90% are paid in the form of overall contributions to the operating expenses of the cantons.

The amount of the overall contribution to priority projects is negotiated between the RFSP and the canton concerned.
The resources reserved for the overall contributions paid for the expenses of the cantons are calculated in such a way that they cover about half of the operating costs of the cantons. They are distributed as follows: a. for a fifth of the total, equally between all cantons; b. for three fifths of the total, in proportion to the population of the cantons; c. for one fifth of the total, in proportion to the surface of the cantons.

S. 21 conventions-based programs-conventions-established between the RFSP and the cantons have particularly for objects: a. the Township benefits; b. the contributions made by the Confederation; c. management control; d. the modalities of financial supervision.

They are concluded for a period of four years. Partial objectives agreements may be shorter.

S. 22 record and control Township reports annually to the federal Office of topography of the use of the contributions.
The federal Office of topography make spot checks targeting: a. enforcement of measures in compliance with the objectives of the programmes; b. the use of contributions.

S. 23 execution flawed the federal Office of topography retains all or part of payments staggered for the duration of the program if the canton: a. is not fulfilling his duty to report (art. 22, al. 1); b. hinders considerably and by its own fault the performance of its work.


If, after the duration of the programme, it turns out that the service was provided imperfectly, the federal Office of topography requires the correct execution by the canton; It shall fix a reasonable time for this purpose.
If the deficiencies are not remedied, the restitution is governed by arts. 28 and 29 of the Act of 5 October 1990 on subsidies.

RS 616.1 Section 9 Participation art. 24. the Confederation guarantees the participation of the cantons and the hearing of partner organizations in an appropriate manner in the preparation of federal requirements that fall within the scope of this order and do not exclusively concern the Federal Government.

Section 10 provisions finals s. 25 amendment of the law in force the amendment to the law in force is set in the annex.

S. 26 introduction of the land cadastre is being introduced in two phases: a. step 1: introduction into selected cantons, a project pilot, with a commence operation on 1 January 2014 and an assessment of the first year of operation complete during the second half of the year 2015; b. step 2: introduction final in all the cantons with a layout operation January 1, 2020 at the latest.

The DDPS means the cantons introducing the cadastre in the first stage.

S. 27 time limits applicable to the federal requirements of the federal Office of topography provides an interdisciplinary framework model for the cadastre data before June 30, 2010.
The competent specialized services of the Confederation define models and enact the requirements laid down in art. 4, al. 2 and 3, prior to 31 December 2011; the period is extended until December 31, 2012 for the identifiers 87, 88 and 116 to 119 within the meaning of Schedule 1 Ogeo.

RS 510.620 s. 28 time limits applicable to the Canton cantonal provisions enact the implementation requirements for the introduction of the cadastre as follows: a. step 1: before December 31, 2012 for the performance requirements for the implementation of the project pilot; b. step 2: before December 31, 2019, for necessary for the definitive introduction of performance requirements.

They may prescribe a procedure derogating from the art. 5 for consideration of existing geodata at the registration desk at the time of the introduction of the cadastre (arts. 5 and 6).

S. 29 federal contributions during the introduction of the cadastre until December 31, 2019, the Confederation allocates the overall contributions to the operating expenses (art. 20), depending on the progress of the introduction of the cadastre.
During the first stage, it pays in addition contributions covering half of the total cost to the cantons involved in the pilot project: a. for work of importance for the introduction of the cadastre in the Switzerland; b. for assessment work.

S. 30 conventions-programmes during the introduction of the cadastre the DDPS concludes conventions-special programs for the years 2012 to 2015 with the cantons involved in the pilot project. These conventions govern the introduction of the cadastre and provisional operation, the overall contributions provided for in art. 29, al. 1, and the work and additional contributions provided for in art. 29, al. 2. the DDPS concludes conventions-special programs with other cantons for the years 2016 to 2019. These conventions govern the introduction of the cadastre and provisional operation, the overall contributions provided for in art. 29, al. 1 s. 31 coordination of the federal office of topography introduction sets up an agency of accompaniment to monitor and follow the assessment provided for in art. 43 Geoig.
The accompanying body consists of representatives of the cantonal specialized conferences, competent specialized services of the Confederation, Commons and the coordinating body provided for in art. 48 Ogeo.
The federal Office of topography sets detailed rules concerning the tasks and the Organization of the accompanying body.

RS 510.620 s. 32 time limit for assessing the period of assessment provided for in art. 43, al. 1, Geoig short from the date to commence operations in the first municipality in accordance with step 2.

S. 33 entry into force this order comes into force on October 1, 2009.

Annex (art. 25) repeal and amendment of the law in force the following orders are amended as follows: 1. order of February 22, 1910 in the land register art. 80a...
The present art. 80 becomes the art. 80 b. 2. Order of 21 May 2008 on geoinformation s. 53, al. an...
Annex 1 is amended as follows:...

RS 211.432.1. The modifications mentioned below are inserted in that order.
RS 510.620. The modifications mentioned below are inserted in that order.

Status as of October 1, 2009