Ordinance on Official Cadastral Surveying
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 General provisions
Art. 11 Definition and scope
1 Marking involves establishing boundaries and placing boundary markers (monumentation). 2 Marking is required for territorial boundaries, property boundaries and boundaries of distinct and permanent rights over others’ land (easements), provided the latter can be clearly delimited by boundary lines. Article 17 is reserved.
Para. 2 — Amended by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529).
Art. 12 Cantonal law
The cantons shall enact regulations on the procedure for legally valid marking in accordance with this Ordinance.
Section 2 Establishing Boundaries
Art. 13 Procedure
1 In general, boundaries shall be established by inspecting the location. 2 The cantons may specify that boundaries be established on the basis of plans, aerial photographs or other suitable means: a. in agricultural and forest land in mountainous and summer pasture areas as defined in the agricultural production register, and in unproductive areas; b. in the course of an updating process, subject to the agreement of the landowners concerned.
Para. 2 let. a — SR 912.1 Para. 2 let. a — Amended by No I of the O of 7 March 2003, in force since 1 April 2003 (AS 2003 507). Para. 2 let. b — Amended by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529).
Art. 14 Boundary line
1 A valid boundary line between two adjacent border points may be a straight line or an arc. 2 In the initial survey, or when finalising or updating the survey, a simple boundary line should be aimed for. Existing boundary lines should be improved where possible.
Art. 14 — Amended by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529).
Art. 14a Elimination of discrepancies
Discrepancies between the cadastral survey data and the situation on the terrain or between the land register plan and other official cadastral survey plans shall be resolved ex officio, taking into account Article 668 paragraph 2 of the Swiss Civil Code.
Art. 14a — Inserted by No I of the O of 21 May 2008 (AS 2008 2745). Amended by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529).
Section 3 Monumentation
Art. 15 Principle
Boundary markers shall be placed so that boundaries are permanently identifiable on the ground or can be found by simple means.
Art. 16 Date
1 As a rule, the boundary markers must be placed before the boundaries are surveyed for the first time. 2 Individual boundary markers may be placed after the data is recorded in accordance with paragraph 1: a. in the course of updating, unless the boundary was established by inspecting the location; b. if there are compelling reasons why it was not possible or expedient to carry out the work earlier. 3 The boundary markers that are missing in accordance with paragraph 2 must be placed as soon as circumstances allow.
Para. 1 — Amended by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529).
Art. 17 Exceptions
1 If boundaries are defined by natural or artificial limits that are permanent and clearly identifiable, monumentation is generally not required. 2 The cantons may provide for further exceptions, in particular: a. in areas where properties and distinct and permanent rights defined in area are made subject to consolidation; b. for properties and distinct and permanent rights defined in area whose boundary markers are continually threatened by agricultural activity or other encroachments; c. on agricultural and forest land in mountainous and summer pasture areas as defined in the agricultural production register, and in unproductive areas.
Para. 2 let. b — Amended by No I of the O of 7 March 2003, in force since 1 April 2003 (AS 2003 507). Para. 2 let. c — Amended by No I of the O of 7 March 2003, in force since 1 April 2003 (AS 2003 507).