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 Overall Management and Oversight
Art. 40 Specialist federal agency
1 The Federal Directorate of Cadastral Surveying (FDCA) is the specialist federal agency. The FDCS is headed by a registered surveyor. 2 The FDCS is responsible for the overall management and oversight of all aspects of official cadastral surveying. 3 The FDCS shall ensure the implementation and enforcement of regulations on the technical and quality requirements for official cadastral surveying. 3bis The FCDS shall, in cooperation with the cantons, the Federal Office for Land Registry and Real Estate Law and the partner organisations, ensure the continual development of the geodata model for official cadastral surveying; it may set up working groups for this purpose. 4 The FDCS shall also ensure coordination between official cadastral surveying and other federal surveying programmes, advise the federal authorities on the acquisition of official cadastral survey data, and represent the interests of the Confederation in dealings with the cantons and third parties. 5 In cooperation with
Para. 1 — Amended by No I of the O of 21 May 2008, in force since 1 July 2008 (AS 2008 2745). Para. 3 — Amended by No I of the O of 21 May 2008, in force since 1 July 2008 (AS 2008 2745). Para. 3bis — Inserted by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529). Para. 4 — Amended by No I of the O of 7 March 2003, in force since 1 April 2003 (AS 2003 507). Para. 5 — Inserted by No I of the O of 7 March 2003 (AS 2003 507). Amended by Annex 2 No II 28 of the Data Protection O
Art. 41
Repealed by No I of the O of 21 May 2008, with effect from 1 July 2008 (AS 2008 2745).
Section 2 Survey Oversight
Amended by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529).
Art. 42 Cantonal Oversight Authority for Surveying
1 The canton shall appoint the agency (the Oversight Authority for Surveying) responsible for the oversight of official cadastral surveying. This agency shall be headed by a registered surveyor, who shall not be subject to directives on technical matters. 2 The Oversight Authority for Surveying shall manage, monitor and verify the official cadastral surveying work. It shall ensure the coordination of the official cadastral surveying work with other surveying programmes and geoinformation systems. 3 If a canton is unable to fulfil its oversight role due to its actual circumstances, it may delegate its responsibilities in whole or in part to the Federal Directorate of Cadastral Surveying, subject to repayment of the costs involved. 4 The cantons may delegate survey oversight to each other or establish joint institutions for survey oversight.
Art. 42 — Inserted by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529). Para. 1 — Amended by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529). Para. 2 — Amended by No I of the O of 21 May 2008, in force since 1 July 2008 (AS 2008 2745). Para. 4 — Inserted by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529).
Art. 42a Administrative agreement with the Principality of Liechtenstein
The DDPS may conclude a rescindable fixed-term agreement under international law with the Principality of Liechtenstein covering the full or partial delegation of survey oversight for Liechtenstein to the Federal Directorate of Cadastral Surveying.
Art. 42a — Inserted by No I of the O of 21 May 2008, in force since 1 July 2008 (AS 2008 2745).
Section 3 Conduct of Official Cadastral Surveying
Art. 43 Responsibility
1 The canton is responsible for carrying out official cadastral surveying. 2 The canton shall appoint the agency which is to be responsible for the original and definitive data set of official cadastral surveying.
Art. 43 — Amended by No I of the O of 21 May 2008, in force since 1 July 2008 (AS 2008 2745).
Art. 44 Right to carry out the work
1 The work of official cadastral surveying may only be carried out by registered surveyors not subject to directives, or under their technical supervision. 2 The DDPS may permit the conduct of official cadastral surveying work by other specialists provided the quality of their work satisfies the requirements for official cadastral surveying and the work does not relate to the minimum content of the land register plan in accordance with Article 7 paragraph 2 or territorial boundaries.
Art. 44 — Amended by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529).
Art. 45 Award of contracts
1 The award of contracts for work such as marking, initial survey, finalisation, periodic updating and provisional digitising must comply with the regulations on public procurement in force in the canton. 2 Official cadastral surveying work to be carried out in a specific geographical area must be the subject of a public invitation to tender.
Art. 45 — Amended by No I of the O of 21 May 2008, in force since 1 July 2008 (AS 2008 2745).
Art. 46 Transactions with the land register
1 The FDJP and the DDPS shall jointly regulate the main aspects of electronic business transactions between the official cadastral surveying offices and the land register offices. 2 The cantons shall otherwise regulate the relations between official cadastral surveying and the land register.
Art. 46 — Amended by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529).
Art. 46a Deeds of mutation und certified extracts
1 The cantons shall determine which registered surveyors: a. may sign deeds of mutation; b. may issue certified extracts under Article 37. 2 The electronic issue of certified extracts shall be governed by the Ordinance of 8 December 2017 on the Issue of Electronic Public Documents and Electronic Certifications.
Art. 46a — Inserted by No I of the O of 23 Aug. 2023, in force since 1 Jan. 2024 (AS 2023 529). Para. 2 — SR 211.435.1