Cadastre and Land Register
Cadastre
According to Art. 2 Cadastre and Land Register Act (CPRA), the cadastre is a set of basic data on the location, boundaries and dimensions of real estate in the country, submitted and kept up to date as well as in accodance with the law. The cadastral authority is the Agency of Geodesy, Cartography and Cadastre of the Ministry of Regional Development and Urban Development. The cadastre covers three sets of data:
- Ownership of real estate,
- Property rights thereof;
- State borders of administrative-territorial units, land borders and boundaries of equally sustainable use.
Objects of the cadastre are real estate properties. These are the lots (part of the earth's surface, including that which is permanently covered by water, with boundaries defined according to ownership), buildings (including those under construction) and facilities in a building.
Each object of the cadastre receives its own identification number - a unique number by which the property is clearly stated in the country. The first field of the identifier is up to five digits long and contains the identification code according to the Classification of administrative and territorial units. The second field is up to four digits long and contains the number of the cadastral area. The third field is up to four digits long and it contains the number of plot. In the fourth field, which has a length of up to three digits is the number of a building located in the plot. The fifth field is three digits long and contains the number of the facilities in the building.
The data included in the cadastre differ depending on the object to which they relate. For lots, the cadastre provides information about the identifier, borders, area, lasting purpose and use of the land and the address. The data on the buildings include outline of the building, floor area, number of floors, purpose and address. Information about the facilities in the building includes the identifier, location, floor and purpose. In addition, in all cases there is information on the right of ownership and other property rights.
The cadastral map marks the state boundaries, boundaries of administrative-territorial units, plot boundaries, boundaries of landed properties, buildings with their identifiers, names of places, streets, points of geodetic basis and schemes of the facilities in the building.
Alongside the cadastral maps are kept cadastral registers, which contain basic information about the property, details of the owner of the property and the act from which they draw their right, data on others rights on the property and the lot number in the Land Register.
The cadastral maps and cadastral registers are drawn up in graphic and written form on traditional media as well as in digital form on optical, magnetic or other technical mediums.
The cadastral maps and registers serve as basis for the creation of the land registry, the drafting of the development plans and investment projects, etc.
Land register
The Land Register consists of real estate plots. It includes the acts which recognize or transfer ownership or establishing, transferring, changing or terminating other property rights over real estate foreclosures and mortgages thereon, as well as other actions, circumstances and legal facts to be entered as provided by law. Account is kept only for property that has an identifier. Each account consists of five parts.
Part "A" contains information about the main characteristics of the property such as identification number, type of property, boundaries, purpose, location, etc.
Part "B" contains information on the owner, their right to property, the act that gave rise to that right.
Part "C" of the consignment is intended to record the creation, transfer and termination of limited property rights.
Part "D" records data on the mortgages - their type, size and maturity of the claim to which they are established, the debtor, the cancellation of the mortgage.
Part "E", the final part of the consignment, records data on the foreclosures on the property - the act which has been imposed, the amount of the claim which is awarded.
The entry in the Land Registry is carried out at the request of the person concerned, the notary or ex officio in the cases provided by law. The application needs to be submitted to the judge responsible for registration in accordance with the location of the property and it should contain the year, date, hour and minute of its receipt. Afterwards, a registration number is placed thereon.