Prof. Andrzej Hopfer - Poland
Prof. Wojciech Wilkowski - Poland
ABSTRACT
Implementation of cadastral reforms was started in Poland in 1997 after regulation concerning the cadastre were issued. These reforms aim at creation of the modern cadastre which will be functioning exclusively as the computer-assisted system. This cadastre will cover lands and buildings and will be the base for creation of the national land information system. The paper presents basic assumptions of the cadastral reforms which cover the substantial and organisational parts.
RÉSUMÉ
En Pologne en 1997 apré s l’introduction du ré glement concernant le cadastre, on a commencé á ré aliser la ré forme cadastrale. Le but de cotte ré forme est de cré er un cadastre moderne qui fonctionnerait uniquement dans un systé me informatique. Ce cadastre va concerner les terrains et les bâ timents afin de cré er un systé me d’é tat sur l’information concernant le tarrain. Dans l’exposé on a presenté les principes de la reforme cadastrale contenant une partie fondamentale et une partie d’organisation.
ZUSAMMENFASSUNG
1997 wurde in Polen die Katasterverordnung in Kraft gesetzt und mit der Reformierung des Katasters begonnen. Ziel dieser Schritte ist die Errichtung eines modernen Katasters, welches streng als Informationssystem funktionieren soll. In das Kataster werden Grundstü cke und Gebä ude als Grundlage des kü nftigen Landesinformationssystems einbezogen. Im vorliegendem Beitrag werden die Grundsä tze der Katasterreform, sowohl vom sachlichen als auch organisatorischem Standpunkt aus gesehen, behandelt.
1. CADASTRE IN POLAND AND ITS HISTORICAL DEVELOPMENT
The cadastre in Poland is the synonym of stability of the term „property” and it refers to the Roman culture and later West-European culture. At the end of the 19th century in Poland two cadastres existed, the so called Prussian Cadastre which covered the area of the previous Prussian sector of partitioned Poland and the Eastern Prussia and the Austrian Cadastre which covered the area of the previous Austrian sector. In the area of the so called Congress Kingdom of Poland, with the exception of areas of the Zamoœæ Estate, the cadastre of lands did not exist. For the last area the owners created the so called Cadastre of the Zamoœæ Estate, fully based on the Austrian Cadastre.
| - Prussian Cadastre | |
| - Austrian Cadastre |
Figure 1. Cadastral systems in the area of Poland on the turn of the 19th century.
The Prussian cadastre covered approximately 40% of the area of Poland and the Austrian cadastre - approximately 14% of the country.
In the period 1918-1939 works aiming at creation of the uniform cadastre of lands for the entire area of Poland with the sue of the existing Prussian and Austrian cadastres were initiated. Data included in the cadastre were the base for establishment of real estate registers. Two rules were dominating in the legal regulations existing at that time in many countries which had the cadastre:
The example of a descriptive part of the register of lands of the cadastre established in Poland in the period 1918-1939 is presented in Figure 2. As it turns out from the presented example, cadastral data covered information on real estate location, on types and area of lands as well as on the value of income from the specific types of grounds.
Value of real estates was determined basing on the rate of capitalisation of the value which was specified in cadastral documentation. It should be stressed that cadastral data were coherent with specification of the real estate in the real estate register.
After the 2nd World War one of the first legal acts issued in 1947 was the decree on the cadastre of lands and buildings. This decree was the legal base for continuation of works performed in the period 1918-1939 concerning the uniform cadastre in Poland.
Modifications of the borders of Poland and related migrations of population resulted in high loss of timeliness of the existing cadastral data. In 1955 new legal regulations were issued in which the term „cadastre” was substituted by the term „register of lands and buildings” (Decree on register of lands and buildings of 1955).
Considerable modifications of property relations in Poland (agricultural reform, migration of inhabitants from the East to the Western parts of Poland, transfer of property of large, private areas by the State Treasury,) resulted in creation of a new status, the so called „autonomous possession”. The autonomous possessor was an individual who in fact owned the real estate as the owner but who did not have the documented rights of property. Introduction of the term „the autonomous possessor” in the cadastre resulted in high discrepancies of cadastral data and records in real estate registers and high loss of timeliness of the existing cadastral documentation, based on the data of the Prussian and the Austrian cadastres (see Figure 1).
At the same time the requirement concerning the registration of buildings, expressed in the decree, has not been implemented. Issued legal regulations have not required the specification of values of real estates. The base for calculation of taxes in relation to lands covered by agricultural or forests taxes is classification of lands and their location. The base of calculation of taxes related to remaining real estates is the standard fee per 1 sq.m which depends on the area of the real estate. The level of fees is legally specified and modified by declarations of local governments councils.
| Eng. Majewski Wojciech, Sworn Surveyor | Article No. 2 | |||||||||||||||||||||||||
| Specification
according to the Real Estate Register Volume I, Page 3 |
||||||||||||||||||||||||||
| Year of the register of plots | District | Number of page | Number of plot | Other specification according to Real Estate Register | Specification of location etc. | Type of cultivated crops | Soil class | Area |
Pure income (in monetary units) |
Yearly agricultural tax (in monetary units) |
Presentation of changes added subtracted |
|||||||||||||||
| ha a sq.m. | for year |
from the article |
for year |
from the article |
||||||||||||||||||||||
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
||||||||||||
1 |
2 |
in the village |
arable |
4 |
4 |
12 |
10 |
22 |
60 |
|||||||||||||||||
3 |
‘’ |
yard |
18 |
45 |
||||||||||||||||||||||
2 |
6 |
by the road |
pasture |
50 |
20 |
1 |
38 |
|||||||||||||||||||
[7] |
to Bydgoszcz |
[meadow |
06 |
10 |
16 |
62] |
1/1925 |
2 |
||||||||||||||||||
8 |
‘’ a |
meadow |
48 |
94 |
3 |
83 |
||||||||||||||||||||
b |
meadow |
86 |
73 |
5 |
44 |
|||||||||||||||||||||
1865 |
[5 |
7 |
22 |
54 |
49 |
87 |
14 |
32] |
||||||||||||||||||
1925 |
2 |
10/7 |
‘’ |
meadow |
30 |
62 |
4 |
80 |
1/1925 |
2 |
||||||||||||||||
‘’ |
11/7 |
‘’ |
(t.forest) meadow |
45 |
18 |
7 |
08 |
1/1925 |
2 |
|||||||||||||||||
‘’ |
12/7 |
‘’ |
(t.arable) meadow |
30 |
30 |
4 |
76 |
1/1925 |
2 |
|||||||||||||||||
1925 |
7 |
7 |
22 |
54 |
49 |
89 |
14 |
33 |
||||||||||||||||||
Figure 2. An example of land register in the cadastre established in the area of Poland in the period 1918-1938.
2. DIRECTIONS OF CADASTRAL REFORM IN POLAND
The starting point of the cadastral reform in Poland were the reforms of the central state administration done in August, 1996. During these reforms the Head Office of Geodesy and Cartography was established and the Surveyor General of Poland was granted wide competencies including, first of all, registration of legal and factual situation, i.e. the cadastre and preparation of guidelines and supervision of common valuation of real estates.
Within the half a year of publication of the decree on modifications of selected decrees related to normalisation of functioning of economy and the public administration, the decree of Ministers of Physical Planning and Construction and Agriculture and Food Management was issued which was related to the register of lands and buildings.
This decree specified among others types of information which will be included in cadastral files. These information were considerably enriched in comparison to information files included in the existing register of lands. The basic advantage which is also very important for many users of the cadastre is that the cadastre will contain information on land, building and apartment real estates, as well as on buildings and apartments which are the components of real estates.
Finally, according to performance of regulations related to common validation of real estates, files containing data on real estates will be amended by information related to their values. Such information will be used by the financial sector in the future for the needs of fiscal reform, related to the tax of real estates.
Newly created files of cadastral data enlarge also the types of subjects of information.
In the new approach to the cadastre of lands and buildings, the subjects are:
These data will be widened with respect to subjects which are commonly registered by specification of the level of shares. These data will be also enriched by information on individuals and organisational units which are the related possessors of real estates, according to separate authorisation. This refers to such users, tenants, managers, renters, administrators as well as the tax payers who are not the subjects in relation to the new approach to the cadastre of lands and buildings.
Legal and organisational solutions related to the cadastre of lands and buildings introduced in Poland fully correspond to the criteria which are obligatory in the European Union.
This coherence is expressed by meeting the following basic rules, which have been the base for the performed cadastral reform in Poland:
Creation of the modern cadastre in Poland, which corresponds to the European criteria of the cadastre will create the base for creation of the national land information system. Although the LIS system is the wider system, the basic construction of its creation should be based on standards which are obligatory for the cadastral system.
So the cadastral object, as the plot of land, should become the basic element of the land information system, which is the base for creation of information files being the subjects of interest of other users.
Observing such a rule will allow to aim at combination of separate land information systems, performed for the needs of various economic sectors, into one, unified system.
The possibility of transfer of information between particular systems is also very important; this may ensure the observation of appropriate standards by system designers.
Creation of the modern cadastre of lands and buildings has only been started in Poland. We are a little delayed in this area with respect to other European countries. Such countries as the Netherlands, Sweden, Norway or Austria, are approaching the final stage of creation of their cadastral systems which operate under the similar principles.
At present 90% of information included in the descriptive part of the cadastre in Poland, which contains data on lands, were registered on magnetic media. These data should be updated during modernisation of the existing cadastre of lands.
On the other hand, there are no data on buildings and apartments in the cadastre existing in Poland. According to introduced new regulations creation of the cadastre for these objects requires that the following elements are determined for every building:
THE CADASTRAL SYSTEM VERSUS THE SYSTEM OF REAL ESTATE REGISTERS
In Poland, similarly to the majority of the European countries (with except of the Netherlands) the cadastral system and the system of real estate register exist as separate systems. These systems exist in various sectors: the cadastral system - within the Ministry of Internal Affairs and Administration and the system of real estate registers - within the Ministry of Justice.
The cadastral reform performed in Poland aims, among others, at close connection of both systems.
This principle has been implemented by appropriate determination of files of cadastral data. The unit of register is highly correlated with data related to records in the real estate register, which has been created for the particular real estate. The process of reaching the full complementarity of data on real estates, included in the cadastre of lands and in real estate registers, will last considerably long, due to inconsistencies of legal regulations. The decree on real estate registers and mortgage which is obligatory in Poland, does not assume the obligation of creation of real estate registers. Such registers are created in Poland basing on applications of interested individuals, which are submitted to Regional Courts. Thus the basic difference between the cadastral system and the system of real estate register in Poland is that:
CADASTRAL SERVICE IN POLAND
Implementation of assumptions of the cadastral reform in Poland requires the determination of appropriate organisational structures of the cadastral services. It is assumed that this service will perform tasks including:
It is assumed that the organisational system of the cadastral service will have three levels; the diagram of this system is presented in Figure 3.
Central level
SURVEYOR GENERAL OF POLAND HEAD OFFICE OF GEODESY AND CADASTRE |
Regional level - organisational units which are included in the general governmental administration on the voivodship
VOIVODSHIP SURVEYOR VOIVODSHIP OFFICE OF GEODESY AND CADASTRE |
|
DISTRICT SURVEYOR DISTRICT OFFICE OF GEODESY AND CADASTRE |
|
Figure 3. The design of organisational system of the cadastral service in Poland.
It has been assumed in the design that all activities related to geodesy, cartography, management of real estates and the cadastre will be performed by units of the state administration.
The central organ of the state administration for these activities will be the Surveyor General of Poland, who performs his tasks by means of the Head Office of Geodesy and Cadastre.
Organisational units which perform tasks related to geodesy, cartography, management of real estates and cadastre at the level of the general governmental administration in the voivodship will be:
For the needs of efficient operation of the cadastral system the permanent co-operation will be indispensable:
SUMMARY
Contemporary economical requirements, developing markets of real estates, connection of Poland with the organisational structures of the European Union are the reasons that the following activities are required within the cadastral reform: