Cadastral Information System M a N E N Overview on Overview the Cadastral Systems of the E.U
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pcc_2009 obálka REPORTS ON THE CADASTRAL SYSTEMS OF THE E.U. MEMBER STATES: CADASTRAL INFORMATION SYSTEM a resource for the E.U. policies CYPRUS FINLAND OVERVIEW ON THE CADASTRAL SYSTEMS OF THE E.U. MEMBER STATES GREECE PART II. HUNGARY POLAND SLOVENIA Edition 2009 Publisher: ČESKÝ ÚŘAD ZEMĚMĚŘICKÝ A KATASTRÁLNÍ OVERVIEW ON THE CADASTRAL SYSTEMS OF THE E.U. MEMBER STATES - PART II. - PART MEMBER STATES THE E.U. OF SYSTEMS THE CADASTRAL OVERVIEW ON Pod sídlištěm 9/1800, 182 11 Praha 8, Czech republic www.cuzk.cz Produced and printed: ZEMĚMĚŘICKÝ ÚŘAD ZÚ Pod sídlištěm 9/1800, 182 11 Praha 8, Czech republic www.cuzk.cz PERMANENTPERMANENT CCOMMITTEEOMMITTEE OONN CCADASTREADASTRE ININ THETHE EUROPEANEUROPEAN UNIONUNION pcc2009 patitul pcc CADASTRAL INFORMATION SYSTEM a resource for the E.U. policies OVERVIEW ON THE CADASTRAL SYSTEMS OF THE E.U. MEMBER STATES PERMANENT COMMITTEE ON CADASTRE IN THE EUROPEAN UNION pcc2009 úvod The editing of second part of the PCC official document on the Member States cadastral systems “Cadastral information system: a resource for the E.U. policies” is part of the activities promoted by the Czech Office for Surveying, Mapping and Cadastre during the Czech PCC Presidency period. In its first edition, the document included eight monographs drawn up by experts of the national cadastral institutions of Austria, Belgium, Czech Republic, Germany, Italy, Slovakia, Spain and Sweden. This second part of the document contents monographs of further six cadastral institutions of following countries: Cyprus, Finland, Greece, Hungary, Poland and Slovenia to whom I would like to express many thanks for their contributions without which this second part of the document could not be issued. The PCC will take great care in carrying on this work, in order to draw up the monographs concerning further Member Countries and provide complete information on cadastral systems throughout the European Union. Prague, May 4 th , 2009 Karel Večeře President of the Czech Office for Surveying, Mapping and Cadastre President of PCC 1 st January – 30 th June 2009 pcc2009 obsah pcc 1 CYPRUS 2 2 FINLAND 60 3 GREECE 82 4 HUNGARY 110 5 POLAND 142 6 SLOVENIA 200 pcc2009 úvod kypr str 002 THE CADASTRAL SYSTEM IN CYPRUS http://www.moi.gov.cy/dls March 2009 2 pcc2009 obsah kypr 01 str 003 TABLE OF CONTENTS 1 THE DEPARTMENT OF LANDS AND SURVEYS 6 1.1 Introduction 6 2 HISTORICAL BACKGROUND 8 2.1 From 1858 to 1946 8 2.2 The Land Ownership Problem 10 2.2.1 General Aspects 10 3 THE 1946 LEGISLATION 11 3.1 General Aspects 11 3.2 The Significance of the 1946 Legislation 12 3.3 Effectiveness and Criticisms 12 4 THE SYSTEM OF LAND REGISTRATION 13 4.1 Land Registration 13 4.2 Right of Ownership 14 4.3 Bundle of Property Rights 15 5 ORGANISATIONAL ISSUES 15 5.1 Land Related Laws 15 5.2 DLS Branches 16 5.3 DLS Offices 17 6 CYPRUS INTEGRATED LAND INFORMATION SYSTEM (C.I.L.I.S) 18 6.1 Introduction 18 6.2 CILIS Components 18 6.3 Technical Information 22 6.4 Detailed Aspects 23 6.5 Survey Layer 26 6.6 Digital Cadastral Layer 27 pcc2009 obsah kypr 02 str 004 6.7 Legal / Fiscal Database 28 6.8 Current LIS Projects 29 6.8.1 Planning Zones 30 6.8.2 Leases 30 6.9 GIS Subsystem 31 6.9.1 GIS Subsystem Detailed Database Design 32 6.9.2 GIS Importance 35 6.9.3 GIS Legal and Fiscal Uses (Integration) 36 7 CARTOGRAPHY – MAPPING 39 7.1 Resurvey 39 7.2 Geodesy 40 7.3 National Grid Layer 41 7.4 Photogrammetry 41 7.5 Digital Terrain Model 42 7.6 Satellite Imagery 42 7.7 Mapping and Map Production 43 8 CADASTRAL FIELD SURVEYS CARRIED OUT BY PRIVATE SURVEYORS 46 9 ELECTRONIC GOVERNMENT IN CYPRUS 46 9.1 Introduction 46 9.2 DLS Website 48 9.3 The e-Government Tool in the Department of Lands and Surveys of Cyprus 49 9.4 The Need for Legislation Amendments in the Department 50 9.5 Challenges 50 10 VALUATION AND TAXATION IN CYPRUS 51 10.1 Data Capture, General Valuation and Taxation 52 10.2 Capital Gains Tax 53 10.3 Estate Duty 54 10.4 VAT Grant for Acquisition of First Residence 54 pcc2009 obsah kypr 03 str 005 10.5 Immovable Property Tax 54 10.6 Transfer Fees by the Department of Land and Surveys 55 11 DLS VISION 56 11.1 Recommendations 57 pcc2009 kypr str 006 1 THE DEPARTMENT OF LANDS AND SURVEYS 1.1 Introduction The Department of Lands and Surveys (DLS), of the Ministry of Interior, is the oldest (started operations in 1858), and one of the largest departments of the Government of the Republic of Cyprus. Its role and responsibility have been of immense importance, particularly in operating the Cyprus Land Registration System. The Department, as an umbrella governmental organisation, manages all major land matters of Cyprus including surveying and maintenance of the state survey infrastructure, mapping, investigation into title, registration, conveyance, valuations of property, conservation and management of State Lands, land tenure and registration of encumbrances. Map of Cyprus The Department of Lands and Surveys of Cyprus initial and main responsibility is the registration of immovable property on the island. However, throughout the years, the Department has expanded its services and activities offered to the public, emerging into a dynamic and multifaceted organisation. The Department of Lands and Surveys is highly noted throughout the world for its concrete legal system of land administration, ownership and tenure, as well as for the clear and solid procedures which are in effect throughout it. The function of land registration in Cyprus provides a safe and secure foundation for the acquisition, enjoyment and disposal of rights in land. 6 pcc2009 kypr str 007 DLS administers statutes providing services for the property rights of individuals effectively and efficiently within a unified coordinated structure, with distinct branches in Tenure, Registration, Valuation, Management of State Lands, Survey, Cartography and Administration. Additionally, the Department acts as the Official Cartographic Organisation of the Republic for the compilation, production and issue of maps and plans for which the state copyright is reserved through its Cartography Branch. Although the system of land registration, ownership, valuation, survey, and cartography has the prime responsibility of ensuring the protection of the interests of individual landowners, it also serves as an instrument of national policy regarding the market of real estate, as well as a mechanism to support the economic development of Cyprus. The ways in which a proper legal system of ownership in Cyprus serves the purpose of the real estate market, can be seen in the way the Department of Lands and Surveys land ownership recording systems operates. It contains a legal definition of real property units which accurately reflect the condition on the ground; it facilitates land transfer through a simple and secure system; it eliminates the need for extensive searching for a chain of titles like in other countries; it is supported by legislation which requires it to be up to date at all times; all rights are recorded including ownership and restrictions on properties; it covers all land including State land, as well as that held by individuals, firms or institutions. Nearly most processes are fully computerised, highly visible, and clearly understood by the public, enabling everybody to have confidence in the system. The DLS Land Information System (C.I.L.I.S) is considered to be nationally uniform and sustainable; a basis for implementing local taxation, land use and building control; a flexible mean of administering property rights; a basis for land titling which is easily accessible and user-friendly; a basis for delivering social justice in relation to land reform and resource allocation. In general, a multipurpose cadastre is the first priority for many countries nowadays; along this, the parcel of property will be the fundamental building block of an integrated system of land information. In Cyprus, the Department has managed to implement a fully integrated Land Information System that supports a wide range of decision making elements, including land conveyance, equitable taxation, resource management and environmental planning. Overall, the general strategic objective of the Department has always been to establish a fixed boundary 7 pcc2009 kypr str 008 coordinated cadastral system after a systematic resurvey, the computerisation of land records/registers, cadastral plans and topographical maps, the complete development of the Land Information System, to fully support all the functions of the Department, and the staged development and implementation of a National Land Information System (N.I.L.I.S) where all agencies with land related activities can share available data for the benefit of the economy of the country. 2 HISTORICAL BACKGROUND 2.1 From 1858 to 1946 The Department of Lands and Surveys of Cyprus started its operations in the year 1858 and is considered to be the oldest governmental department of the public sector in Cyprus. The “Idalio” Inscription – 5th century B.C. Land ownership has always been very popular amongst Cypriots. For various reasons (social, economic and cultural), the people of Cyprus have been very closely attached to the land. There is archaeological evidence that from the 6th millennium B.C., the Cypriots practiced agriculture on a communal basis and by 1400 B.C. the idea of individual ownership had developed. What can be described as a title to land is an inscription of the 5th century B.C., excavated at Dali village, indicating the development of private ownership in ancient Cyprus. The interesting features of this so called sign, is that it provides us with the evidence that at that moment in history, clear laws regarding land ownership were developed, which included personal land property laws, land ownership of the kings – something today called ‘public or state land’, land ownership of the cities, property owned by the church, property taxation and security of tenure and ownership even as appointed by the Gods.