Commentaries: Art. 38

Cadastral Surveying shall be jointly financed by the Confederation and the cantons. The Federal Assembly shall regulate the details in an ordinance. The Confederation shall grant the cantons contributions to the following measures and projects based on programme agreements:
1. initial and new surveys;
2. renovations;
3. demarcations;
4. measures following natural events;
5. periodical updates;
6. special adjustments of exceptional national interest;
7. innovative projects to develop Cadastral Surveying and to test new technologies.¹
The contributions shall be calculated according to the importance of the measures and projects for the coverage, homogeneity and harmonisation of Cadastral Surveying data for Switzerland.²
When there is exceptional national interest in implementing a measure or conducting a project, the contribution may cover up to 80 per cent of the overall costs. When funding an innovative project to develop Cadastral Surveying or to test new technologies, the contribution may be higher.³
The Federal Council shall issue regulations on calculating the contributions.⁴
The costs of updating Cadastral Surveying shall be borne by the natural person or legal entity that has caused the update, provided that this person or entity can be identified.
The cantons shall bear the costs that are not covered by contributions made by the Confederation or by fees. The cantons may determine who must contribute to these remaining costs.⁵
The Confederation shall finance the work carried out by a substitute organisation (Article 34, paragraph 3). It shall reclaim the costs that remain after deduction of the agreed contributions from the defaulting canton.⁶

Amended by No I 3 of the FA of 19 March 2021 on Administrative Facilities and Reducing the Burden on the Federal Budget, in force since 1 Jan. 2023 (AS 2021 654;BBl 2020 6985). ↩
Inserted by No I 3 of the FA of 19 March 2021 on Administrative Facilities and Reducing the Burden on the Federal Budget, in force since 1 Jan. 2023 (AS 2021 654;BBl 2020 6985). ↩
Inserted by No I 3 of the FA of 19 March 2021 on Administrative Facilities and Reducing the Burden on the Federal Budget, in force since 1 Jan. 2023 (AS 2021 654;BBl 2020 6985). ↩
Inserted by No I 3 of the FA of 19 March 2021 on Administrative Facilities and Reducing the Burden on the Federal Budget, in force since 1 Jan. 2023 (AS 2021 654;BBl 2020 6985). ↩
Amended by No I 3 of the FA of 19 March 2021 on Administrative Facilities and Reducing the Burden on the Federal Budget, in force since 1 Jan. 2023 (AS 2021 654;BBl 2020 6985). ↩
Amended by No I 3 of the FA of 19 March 2021 on Administrative Facilities and Reducing the Burden on the Federal Budget, in force since 1 Jan. 2023 (AS 2021 654;BBl 2020 6985). ↩

Art. 38

Footnotes