Registration of the object in the cadastre
Registration of a property in the cadastre and land register is the obligation of every owner of a constructed property.
The facility is registered based on a prepared study for recording buildings or other structures.
The study for recording the facility is prepared by an authorized geodetic company.
What documents are required to register a property in the cadastre and land registry?
TO REGISTER A FACILITY YOU NEED:
- copy of the cadastral plan
- extract from the land register
- title deed
- act as proof of the object’s legality, which can be:
BUILDING BUILT UNTIL FEBRUARY 15, 1968
If a building was built before February 15, 1968, it is considered to have been built on the basis of a valid building permit.
The cadastral office issues a certificate of the time of registration of a building based on the data it has at its disposal, which is considered proof that a building was built by February 15, 1968.
If the cadastral office does not have the necessary data, then the certificate of the construction time of the building is issued by the competent administrative body based on a photograph of the existing condition of the building and a copy of the cadastral plan with the mapped building, or based on a geodetic situational drawing of the actual condition of the constructed building on the building plot.
BUILDING BUILT UNTIL JUNE 19, 1991
If the building was constructed on the basis of a building permit or other appropriate document issued by the competent authority before June 19, 1991, the following is required:
- a valid building permit and confirmation that there is no ongoing building inspection procedure in relation to that building
BUILDING CONSTRUCTED FROM JUNE 20, 1991 TO OCTOBER 1, 2007
If the building was constructed on the basis of a building permit issued from June 20, 1991 to October 1, 2007, the competent administrative body shall issue
- certificate of use
BUILDING CONSTRUCTED SINCE OCTOBER 1, 2007
In order to register a building in the cadastral register after the adoption of the new Law on Spatial Planning and Construction, which has been in force since October 1, 2007, the following is required:
- Occupancy permit – for buildings for which a building permit is issued
- Final report of the supervising engineer – for buildings for which a decision on construction conditions is issued.
The above documents must not be older than 6 months.
Why is it important to register a house in the cadastre and land register?
Apart from the legal obligation, the house or building must be registered during the sale (“clean papers”), legalization of the building, mortgage, registration of residence, condominium (buildings with 2 or more apartments).
The house is registered in the cadastre, but not in the land register. What is needed to register the house in the land register?
To register a house in the land register, it is necessary to prepare a study to reconcile the land register with the cadastral status, in which valid documentation (proof of the legality of the building) on the basis of which the house was built is also attached.
HOUSE BUILT WITHOUT A BUILDING PERMIT
If the house was built without a building permit, it is necessary to hire a designer who will carry out the legalization process and after the contributions have been paid, the process of registering the house can continue.
PREPARATION OF A REPORT FOR BUILDING RECORDING
Elaboration for recording a building – to create the elaboration, a geodetic expert conducts a geodetic survey of the building and boundary lines, then, based on the survey, calculates the coordinates of the points and maps them in a CAD program.
Such data is included in a copy of the cadastral plan and documentation for the study is prepared: survey sketch, application forms for the cadastre and land registry, etc.
The elaborated work is submitted for review and certification to the competent Cadastral Office.
After review and implementation of the study in the cadastre, the new situation is recorded in the cadastral register.
Then, the Cadastral Office ex officio submits the land registry application form to the land registry (land registry) where the change to the subject parcels is recorded, but the ownership status remains unchanged.