Bundesamt für Landestopographie Office fédéral de topographie Ufficio federale di topografia Uffizi federal da topografia Switzerland's PPP Initiative to Ensure a Sustainable Real Estate Market Marc Nicodet Federal Directorate of Cadastral Surveying Jürg Kaufmann KAUFMANN CONSULTING

WPLA Athen May 2003 Cadastre 2014 in Switzerland 2 Table of Content The Cadastral System of Switzerland –Organisational framework Cadastre 2014 –The FIG Vision –The initiative of the private sector: IGS-Working Group –The role of the public sector The Swiss Cadastral System of the Future

WPLA Athen May 2003 Cadastre 2014 in Switzerland 3 Legal basis until now and objectives 1912, Swiss Civil Law Security of ownership, efficient land market, and mortgaging of real estates Geographic information concerning all legal as well as land use and land cover issues over the complete territory Objectives from the legislator:

WPLA Athen May 2003 Cadastre 2014 in Switzerland 4 Actual situation in Switzerland Over 4 million parcels Mortgages secured from the Swiss cadastral system in Mia. of SFR at the end of the year

WPLA Athen May 2003 Cadastre 2014 in Switzerland 5 Organisations involved in cadastral system GovernmentFederal Parliament Federal Office for Topography Federal Office for Justice Office for Land Registry and Real Estate Law Directorate of Cad. Surveying Federal Level Cantonal Level Licensing Commission for Cadastral Surveying 21 Cantonal Surveying Offices ~350 Cantonal and Regional Land Registry Offices 26 Cantonal Governments 26 Cantonal Parliaments Dept. for Defence, Civil Protection and Sports Department of Justice- and Police 7 Federal Departments Community Level COSIG ~15 City & Municipal Surveying Offices ~270 Private Licensed Land Surveying Offices Private Notary Offices

WPLA Athen May 2003 Cadastre 2014 in Switzerland 6 Organisation of Cadastral Surveying Organisation Confederation Canton Level Community Contracts Performance Mandates and Agreements Federal Directorate of Cadastral Surveying ~15 employees Cantonal Surveying Offices ~300 employees Private Land Surveying Offices City Surveying Offices ~3000 employees Supervision, strategic management Execution Operative management Tasks Confederation - Cantons - Communities Administration – Private economy (PPP)

WPLA Athen May 2003 Cadastre 2014 in Switzerland 7 8 Information Layers (Possibility to realise the layers separately) Data Model (UML) (Entity-Relationship-Diagram) Data Description Language INTERLIS (system independent) TRANSFER Data_Catalogue; MODEL Basic_Data_Set DOMAIN LKoord = COORD ; HKoord = COORD ; Height = DIM ; Precision = [ ]; Reliability = (yes, no); LetterOrientation = GRADS ; Status = (planned, valid); TOPIC Control_Points = END Control_Points; TOPIC Land_Cover = END Land_Cover; TOPIC Ownership = DOMAIN Monumentation = (border_stone, plastic_peg, cross, not_monumented); OwnershipType = (parcel, distinct_right, construction_right, water_source_ right); TABLE LimitPoint = OSKey: OPTIONAL -> OwnershipMaintenance; Identifier: OPTIONAL TEXT*12; Geometry: LKoord; PositionPrecision: Precision; PositionReliability: Reliability; Origin: OPTIONAL TEXT*30; SymbolOrientation: OPTIONAL LetterOrientation; !! Default: 0.0 IDENT Geometry; END LimitPoint; END Ownership. END Basic_Data_Set. Digital data description AV93 (since 1993) Control points Land cover Single objects Heights Local names Ownership Pipelines >5bar Administrative subdivisions With this method of data modelling, the use and exchange of AV93 data is completely independent from the used GIS or software system.

WPLA Athen May 2003 Cadastre 2014 in Switzerland 8 Principal elements of the actual Swiss Cadastral System (1) Register (land registry) and maps (cadastral surveying) OSLR Main book deeds etc Clear legal bases, high legal guarantee Federal licence for surveyors Responsibility lies with the Cantons Stipulates only the part of rights, obligations and charges on parcels under private law

WPLA Athen May 2003 Cadastre 2014 in Switzerland 9 Principal elements of the actual Swiss Cadastral System (2) Partnership Confederation - Canton (- Communities) Public Private Partnership (PPP) Decentralized structure Free market, tendering Costs are borne mainly by Confederation

WPLA Athen May 2003 Cadastre 2014 in Switzerland 10 Background and Development of "Cadastre 2014" Working Group of FIG-Commission 7 chaired by Jürg Kaufmann and Daniel Steudler, Secretary Objective was the development of visions for future cadastral systems (How do cadastral systems look like in 20 years? = 2014!) Two questionnaires on systems, strengths and weaknesses, trends, cost recovery Results: 6 statements and a number of principles, published 1998 in a FIG publication (translated into 21 languages so far) 

WPLA Athen May 2003 Cadastre 2014 in Switzerland 11 The 6 statements of "Cadastre 2014" 1. The future cadastre will include rights, restrictions, and responsibilities generated by public-law – not only private-right property information;

WPLA Athen May 2003 Cadastre 2014 in Switzerland 12 Legal security Boundary definition Impact on value preservation Water protection zone Restriction zone of noise protection Restriction area of old hazardous waste Rights and restrictions in particular land use zone Today's handling of public-law arrangements Private-law property rights and encumbrances very highweak Public-law arrangements transparent not transparent Boundary definition by agreement Verification of boundaries Verification of property right Registration Boundary definition by political and administrative decisions positivenegative My parcel

WPLA Athen May 2003 Cadastre 2014 in Switzerland 13 The 6 statements of "Cadastre 2014" 1. The future cadastre will include rights, restrictions, and responsibilities generated by public-law – not only private-right property information; 2.“Maps" (cadastral surveying) and "Registers" (land registry) will be integrated – not necessarily the responsible organisations, but data and information; 3.Data will be defined by conceptual data models – not by drawing standards anymore;

WPLA Athen May 2003 Cadastre 2014 in Switzerland 14 The 6 statements of "Cadastre 2014" 4."Paper and Pencil"-Cadastre will be overcome – only digital information; 5.Public and private sectors will work closely together – in Switzerland since decades proven practice; 6.Future cadastres will be cost recovering – or at least have developed a better cost consciousness.

WPLA Athen May 2003 Cadastre 2014 in Switzerland 15 IGS-Working Group "Cadastre 2014" Separation of land register/cadastral surveying Only properties/parcels are included Unsystematic documentation of space-related arrangements generated by public-law No public data access to information about encumbrances Legally certified extracts from cadastral survey are not available Deficiencies of the present-day cadastral system

WPLA Athen May 2003 Cadastre 2014 in Switzerland 16 IGS-Working Group "Cadastre 2014" Laws generating public-law restrictions Name of legislationAbbrev. Federal law of on land use planning Federal law of on the protection of water resources Ordinance on the protection of water resources Federal law of on agriculture Federal law of on the protection of nature and cultural heritage Ordinance on the federal inventory of landscapes and natural monuments Federal law on hiking trails Federal law of on the utilisation of waterways for energy production Federal law of on the protection of the environment Ordinance on on noise protection Technical ordinance on waste of Federal law of on the forests Ordinance on on the forests Federal law of on agricultural land rights Ordinance on the agricultural land rights Federal law of on the acquisition of property rights by foreigners … RPG GSchG GSchV LwG NHG VBLN FWG WRG USG LSV TVA WaG WaV BGBB VBB BewG …

WPLA Athen May 2003 Cadastre 2014 in Switzerland 17 IGS-Working Group "Cadastre 2014" legal relevance of data public nature of information systematic and complete complete coverage over a defined territory localized in a defined geodetic reference system defined by a clear and non-ambiguous data model kept up-to-date through well-defined procedures (notification process or periodic updating) Requirements for an information layer to be included in Cadastre 2014:

WPLA Athen May 2003 Cadastre 2014 in Switzerland 18 IGS-Working Group "Cadastre 2014" Independent from any specific GIS or software systems Modification of legislation shall not result in large efforts for system adaptation Support of the federalist circumstances –Federal-, cantonal, communal laws Services of C2014 must be expandable: –further laws and aspects to be included easily Technical concept – basic principles

WPLA Athen May 2003 Cadastre 2014 in Switzerland 19 Proposal for future cadastral extract (textual)

WPLA Athen May 2003 Cadastre 2014 in Switzerland 20 Proposal for future extract of cadastral map (spatial)

WPLA Athen May 2003 Cadastre 2014 in Switzerland 21 Submitted by Kantonsrat Kurt Bosshard, Uster, 19 Jan. 1998: The government is invited to introduce by law a register containing all public law restrictions of the property rights caused by land use planning, building permissions, land consolidation, possibly concessions, etc, as well as all property relevant matters concerning old hazardous waste, decreed redevelopment measures, inventories such as patrimonial and nature protection areas, energy indices, etc. Motion for register on public law restrictions

WPLA Athen May 2003 Cadastre 2014 in Switzerland 22 State of the project Status of the works New constitutional article is in discussion in the Federal Parliament Task Force has been established in cooperation with the "Federal Office for Land Registry and Real Estate Law" First applications (pilot) available Principle decisions The need for the cadastre to be developed towards "Cadastre 2014" is uncontested The Swiss Cadastral System is well-suited to accommodate further information layers

WPLA Athen May 2003 Cadastre 2014 in Switzerland 23 Accounting (tools for documenting and monitoring) Policy: Sound economic development Company Management Administrative unit Accounting system accepted principles of bookkeeping reliable complete appropriate to needs adaptable to development Land Policy: Land Market, Sustainable development Land Administration Cadastre accepted principles to document rights/restrict. reliable systematic appropriate to needs/laws adaptable to development public General BusinessLevelLand Business Management (measures to meet strategy) Strategy (goal setting) Administration (business processes) Land Management (resource management) Role of the cadastre in the Land Business Process

WPLA Athen May 2003 Cadastre 2014 in Switzerland 24 A possible future structure Swiss Cadastral System of the future AV93 Cable TV Telecom Fresh water Waste water Land use planning Forestry Data owner (stakeholder) Data acquisition Data maintenance and distribution Confederation, Canton, Communities licensed surveyors Private firmsprivate firms Corporations, Communities, … Canton Communities Other topics Other Electric power supply Power company yes, available Information topic Two pre-requisites have to be satisfied : enterprise engineer enterprise Legal validity of approved documents licensed surveyor enterprise licensed surveyor licensed surveyors not available yes, available 1) Same geodetic framework 2) Same way of data description Noise protectionengineer

WPLA Athen May 2003 Cadastre 2014 in Switzerland 25 Increasing content of Cadastral System 1912 Introduction OS with ZGB 1993 Digital Standard AV Preparation art. 75a BV 2008 Full coverage 20XX LIS / GIS official cadastre: Public law (C2014) Trend in spatial-related cadastral data official cadastre: private law

WPLA Athen May 2003 Cadastre 2014 in Switzerland 26 Vision Development of a comprehensive information system, based on the data of the Cadastral Surveying, across departments embedded in the context of E-Government (decentralized data maintenance, central data access) and NSDI (National Spatial Data Infrastructure).