Ordinance on Official Cadastral Surveying
Amended by No I of the O of 23 Nov. 2022, in force since 1 Jan. 2023 (AS 2022 764).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 47 Subject matter and duration
1 The subject matter of programme agreements between the Federal Office of Topography and cantons are in particular: a. the services provided by the canton; b. the contributions paid by the Confederation; c. management controls; d. the details of financial oversight. 2 A programme agreement shall have a duration of four years. Sub-goals may be agreed for a shorter duration.
Art. 47 — Amended by No I of the O of 23 Nov. 2022, in force since 1 Jan. 2023 (AS 2022 764).
Art. 47a Reporting and controls
1 The canton shall submit a report to the Federal Office of Topography each year on the use of the contributions. 2 The Federal Office of Topography shall carry out random checks on: a. the implementation of individual measures in accordance with the programme goals; b. the use of the contributions paid.
Art. 47a — Inserted by No I of the O of 23 Nov. 2022, in force since 1 Jan. 2023 (AS 2022 764).
Art. 47b Inadequate performance
1 The Federal Office of Topography shall withhold payment, in whole or in part, of instalments of federal contributions during the programme if the canton: a. does not comply with the reporting requirement (Art. 47a para. 1); b. is at fault in failing significantly to perform its part of the programme. 2 If it becomes apparent after the programme that performance was inadequate, the Federal Office of Topography shall request the canton to remedy the situation; it shall specify an appropriate period for doing so. 3 If performance is still inadequate after this period, the Federal Office of Topography shall request repayment to cover the value of inadequate performance, together with interest of 5 per cent (Art. 28 para. 2 of the Subsidies Act of 5 October 1990).
Art. 47b — Inserted by No I of the O of 23 Nov. 2022, in force since 1 Jan. 2023 (AS 2022 764). Para. 3 — SR 616.1
Section 2 Federal Contributions
Inserted by No I of the O of 23 Nov. 2022, in force since 1 Jan. 2023 (AS 2022 764).
Art. 47c Calculating the federal contribution
The rules on calculating the federal contribution to the funding for official cadastral surveying are set out in the Annex.
Art. 47c — Inserted by No I of the O of 23 Nov. 2022, in force since 1 Jan. 2023 (AS 2022 764).
Art. 47d Allowable costs
1 The only allowable costs are those incurred in accordance with the regulations and in the cost-effective execution of the task. 2 The following costs are not allowable: a. the costs of continuous updating and administration; b. … c. the costs of the cantonal oversight authority for surveying; d. compensation paid to cantonal and communal bodies for their assistance in the work of marking and surveying; e. the costs of cantonal verification and public inspection procedures; f. compensation for crop damage during surveying work; g. interest on advance payments for marking and surveying work; h. additional costs resulting from non-observance by the contracting parties of the relevant regulations or of the terms of the contract; i. the determination of building addresses; j. the costs of correcting discrepancies in accordance with Article 14a.
Art. 47d — Inserted by No I of the O of 23 Nov. 2022, in force since 1 Jan. 2023 (AS 2022 764). Para. 2 let. b — Repealed by No I of the O of 23 Aug. 2023, with effect from 1 Jan. 2024 (AS 2023 529).
Art. 48 Calculating the allowable costs
1 For work that was awarded in accordance with the regulations on public procurement, the allowable costs shall correspond to the stipulated price, subject to Article 47d. 2 For work that was not awarded in accordance with the regulations on public procurement, the canton shall fix the allowable compensation in accordance with current market rates. 3 Compensation fixed by the canton requires the approval of the Confederation. 4 A flat-rate federal contribution may be agreed in the programme agreement instead of the allowable costs.
Art. 48 — Amended by No I of the O of 23 Nov. 2022, in force since 1 Jan. 2023 (AS 2022 764).
Art. 48a
Originally Art. 48bis. Inserted by No I of the O of 7 March 2003 (AS 2003 507). Repealed by No I of the O of 23 Nov. 2022, with effect from 1 Jan. 2023 (AS 2022 764).
3. Section: Other costs
Originally Section 2.
Art. 49
The cantons shall specify who is to be responsible for the remaining costs after deduction of the federal contribution.
Art. 49 — Amended by No I of the O of 7 March 2003, in force since 1 April 2003 (AS 2003 507).