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Harmonization of the cadastre and land registry

A common problem in practice is the mismatch between the cadastral and land registry status.

In the cadastre, i.e. the title deed, the area of ​​the plot is written, while in the land registry (land registry) the area is completely different, which creates confusion about what we are actually using and what the area of ​​the plot is that we are using.

In the field, the particle most often coincides with the cadastral state, i.e. In most cases, you actually use the square footage written in the title deed on the field. However, the cadastre does not indicate ownership, but only possession!

For example, according to the cadastre (ownership certificate), you use 800 m 2 and this is probably the situation on the ground. However, the title deed says that you only have 500 m 2 . This means that you are the owner of 500 m 2 , not the entire 800 m 2 . If you plan to sell the particle, build on it and the like, you will not be able to dispose of the particle, but you will need to match it first.

In the past, people avoided paying taxes and bought and sold land without making any changes to the land registry. Sometimes there were purchase and sale contracts, but they were never executed, in other cases they were lost or not notarized.

In situations where you have a purchase and sale contract and are not registered as the owner, but want to sell the property, you are in an unenviable situation because a potential buyer cannot be sure that they will be able to register in the title deed.

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Lawyer and mediator Ruđer Anić, partner at the law firm Anić and partners

"As an architectural firm, we have been working with Lemax/Terren for many years regarding geodetic services and have only had positive experiences. Very accommodating and cooperative, fast and efficient."

Certified Architectural Engineer Ivan Kapov, Director of the architectural bureau Kapov doo

FAQ

How much does a compliance study cost?

A geodetic study of the reconciliation of the cadastre and land registry is a document that is prepared for the purpose of implementing changes in order to harmonize the situation between the two records.

The price is defined depending on the purpose, location, size of the plot, compliance with the cadastre and land registry, etc.

When planning to request the services of a surveyor, the basic information you need to prepare is the cadastral plot number and the name of the cadastral municipality or the address of the building (if there is a building on the plot). Based on the information about the plot and the purpose of the study, the surveyor will be able to tell you what purpose the study you need is for and what the price of the service will be.

What documents are needed to create a geodetic study?

For the purposes of preparing the geodetic study, the party submits the title deed and the title deed extract or an extract from the land database (BZP). If there is an object on the plot, it is necessary to submit documentation about the construction of the object (building and use permit, decision on the completed condition, certificate of age before February 15, 1968, etc.).

Is my facility legal?

A building is legal if it has appropriate construction documentation and the condition on the ground is in accordance with the documentation. Documentation used to prove legality may be: a use permit, a certificate from the administrative body that the final report of the supervising engineer has been delivered to it, a certificate of use, a valid building permit or other appropriate document issued before 19 June 1991 with a certificate from the building inspection that no construction inspection procedure is in progress, a decision on the completed condition, a certificate of the completed condition, a certificate from the cadastral office that the building was built before 15 February 1968. and occupancy permit for buildings constructed before February 15, 1968. year.
If a property is registered in the cadastre and land registry, this does not mean that it is legal.

I legalized the property, is it registered in the cadastre and land registry?

If you have legalized a property, this does not necessarily mean that the property is registered in the cadastre and land registers. A surveyor can check the registration for you.

Can I list a house without permission?

Yes. Buildings without the appropriate permit can be registered in the cadastre and land registry. For such buildings, a note will be made in the land registry stating that they do not have a legality act. The note can be deleted when the appropriate permit is obtained for the building and submitted to the competent land registry court.