Law 29/2008, Of 11 December, Of The Cadastre

Original Language Title: Llei 29/2008, de l'11 de desembre, del cadastre

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Law 29/2008, of 11 December, of the cadastre as the General Council in its session of December 11, 2008 has approved the following: Law 29/2008, of 11 December, of the cadastre Index preamble chapter. General provisions Article 1. Concept and scope of application Article 2. Competition Article 3. Article 4 mandatory. Presumption of veracity Article 5. Legal second chapter. Management of cadastre Article 6. Article 7 functions. Regulatory framework Article 8. Inspection authority and impose penalties third Chapter. Contents of cadastre Article 9. Concept of real estate and cadastral unit Article 10. Description of the real property Article 11. References in Article 12. Concept of cadastral holder Article 13. Documentation of the cadastre the fourth Chapter. Assessment of real estate Article 14. Article 15 definition. Criteria for determination of the cadastral value Article 16. Article 17 limit. Other criteria of determination of the cadastral value Article 18. Cadastral value determination procedure Article 19. Approval of the evaluation tables Article 20. Reviews for chapter five. Article 21 of the cadastre cartography. Concept Article 22. Contents of the cadastral cartography Article 23. Additional data from the cadastral mapping Article 24. Cartographic system Article 25. Scales of uprisings and fragmented disciplines of graphic representations Article 26. Subdivision of the parish in cartographic sheets Article 27. The coordinate grid Chapter six. Advertising of the cadastre and data protection Article 28. Public character of the cadastre and Article 29 data protection. General access to information not protected of the cadastre section 30. Access to protected information holders not part of the cadastre Article 31. Dissemination and communication of information from the cadastre Chapter seven. Collaboration and exchange of information Article 32. Collaboration with the Government Article 33. Collaboration with the notaries Article 34. Documentary evidence of the cadastral reference first additional provision second additional provision third additional provision fourth additional provision first final provision second transitional provision transitional provision preamble at the beginning of the last century, are common, complying with the regulations adopted by the General Council on May 20, 1912, they prepare the parish local records which, up to the date of today , have provided a knowledge of the reality, mainly real estate paperback, of each parish. However, it is a fact that these local records prepared during the past century have not been updated, both due to lack of data and because they develop without incorporate graphic documentation or blueprints, so that the situation, the surface and other circumstances of the registered properties are only approximate. In addition, there is no national regulation that coordinates the cadastral activity at the national level, and the appropriate legal instruments have not common to upgrade the local records that reflect at all times the real estate reality.

The Constitution and law of delimitation of competences of the common, of 4 November 1993, confirmed the powers that have traditionally been common in this area, establishing that the elaboration of the cadastre of the parish is a competition of Commons you have to exercise in a coordinated manner with the registration activity of the State. Subsequently, the third transitional provision of the law 10/2003, of 27 June, communal finances established that in the period of 10 years, the Government and the communes were to prepare a cadastre of the national real estate property I had to allow to identify the properties and set a valuation from the market value by the same technical criteria , a task that has already been initiated by various common.

This law aims to fill the lagoon in the area of cadastral legislation so that, while respecting the competences of the common and its powers of creation and management of the parish cadastre, set rules that give uniformity to all parish and local records needs coordination at the State level must exist because the Commons have the necessary information to update and maintain the local records.

The main classic models of cadastral systems, such as Latin, German, or the tax primarily purposes, multifunction type with greater technical precision of topographic works, this law is geared towards the German model in the sense that the local records should be a faithful representation of the territory that would allow multiple use of the information they contain aimed not only to tax purposes but also to be a reliable territorial instrument at the service of the Government and the citizens.

From here on it is important to coordinate and unify the tasks related to the preparation and maintenance of cadastral databases that constitute its main asset, as well as the collaboration of interadministrativa and, where appropriate, to other public authorities and institutions that registration should be allowed to update cadastral data and the remaining ownership.

The regulations contained in this Law also has in mind the principles set forth by the manual Cadastre 2014 "presented to the Congress of the International Federation of Surveyors held in Brighton in 1998, according to which the modern cadastral systems have to offer a complete and reliable information on the legal status of the territory, they have to adapt to the changing needs of the society by means of flexible organization systems well defined and detailed models, information and data should provide the appropriate technology to achieve maximum effectiveness.

The law defines the cadastre as the administrative record on which are inscribed the property located in the territory of a parish and describe the physical, legal and economic characteristics. The inscription is planned as an Act required by the owners of real property and the rights it possesses about them without prejudice to the common can start automatically the appropriate procedures to register or modify the cadastral data.

Legal effects, as also has been claiming the case law, the law foresees that the cadastral registration will boast certain as a principle of presumption iuris tantum value and test that allows evidence in contrary to assert in the face

of the courts in the event of conflict with respect to the ownership of the rights that they claim to have about real estate.

With regard to the management of the cadastre, the law sets out general provisions and leaves a large margin of performance in the Commons because, by making use of the self-government that the Constitution and the law on delimitation of competencies are awarded in this matter, as soon as the relevant regulations dictate that need elaboration and the parish as the operation of local records and applying the mechanisms of registration and cadastral data modification. Along with these powers, as a derivation of that since law 10/2003, of 27 June, communal finances in its article eighth, also attributed to common the powers necessary to require sanctioning and inspectores and monitor compliance with land registry regulations.

The concepts of cadastral unit and the cadastral holder are configured as basic elements of the cadastre. With regard to the cadastral units they are there is to assign a reference that uniquely identify within the national territory and have this consideration the property consisting of parcels, defined as extensions of land marked by a polygonal line closed, the buildings together with the land on which they are constructed and the different real estate units in which has been split into a building according to the horizontal property regime. With regard to the land register holders are defined as any natural or legal person, public or private, that has any right of property, of surface, of selling the census or administrative concession on a property. In both cases, the law fixes a minimum parameters that must meet all local records and parish gives the possibility to the Commons so that they can regulate and define in the parish regulations other real estate considered cadastral units or extend the compulsory registration at the land registry of other real rights of use.

Advertising and the dissemination of local records are subject to the law 15/2003, of 18 December, personal data protection rating qualified them from public records and differentiating those data which, as the name and surname of the natural person and the name of legal persons, in addition to their homes, have a higher degree of protection and may not be disclosed without the consent of its owner, except in the cases specifically provided for by the Law, of those not protected data access, which is free. In both cases the form and procedures for effecting this advertising should be regulated by the common.

The collaboration and exchange of information of local records with the remaining registration activity of the State, as has been said, it is of vital importance to ensure the updating and maintenance of local records, is specified with the obligation of the Government to communicate to common agreements and expropriation procedures affecting real estate and of the notaries have to report periodically to the common acts and instruments for them given that they have an impact on the ownership and configuration of real estate located in each parish.

With regard to the valuation of real estate is still the anticipation that contains the third transitional provision of the law 10/2003, of 27 June, communal finances that States that this assessment must correspond to the value of the market. The criteria and the procedures that this law establishes should be allowed in the Commons to determine the valuation of real estate from different methods that are put at the disposal of their own without excessive burden that represent common or in costs or in evaluation work.

As a necessary component of local records, the law foresees also the basic rules that are common in the area of cadastral mapping must comply with that, with the rest of alphanumeric data, you must complete the cadastral information by entering the location and functions of representation of the geometry of cadastral objects and provide the additional elements needed for the local records are true territorial information systems. In this sense is taken into account that the law of regulation of cartography, of 5 October 1995, establishes the basic rules of application to cartographic aspects of the cadastre, while in the questions of detail the law refers to the communal regulations to specify the Cartographic parameters.

Finally, the additional terms provisions provisions of the applicable laws of the property transfer tax real estate agents and notaries because they are contrary to the provisions of this law and the transitional provisions requires the adaptation of parish local records made during the last century, which must continue in force until such time as they adapt to this law.

Chapter first. General provisions Article 1 the concept and scope of application 1. The real estate cadastre is a parish-wide administrative registry on which are inscribed the property located in the territory of a parish and describe the physical characteristics, economic law and in the manner established by this law and the regulations of each parish.

2. the provisions of this law apply to all the national territory, without prejudice to the powers and of the regulatory powers of each common set out in the law.

Article 2 The Competition competition to develop, maintain and manage the cadastre correspond to each common in the area of the parish territory.

Article 3 Obligation Is mandatory to register in cadastre are real estate, those holders of rights that will have about the same and the modification of its kind, in the manner provided by this Act and the regulations that develop.

Article 4 Presumption of veracity to the legal effects of the cadastre will boast certain for possessoris as a first test, with the consideration of presumption iuris tantum that allows evidence in contrary to assert before the competent jurisdictional bodies.

Article 5 legal status 1. Against the acts and resolutions issued by the ultimate common as a result of the preparation, maintenance and the cadastral management, you can lodge an appeal in the manner and within the period established by the code of the administration.

2. After a period of two months from the filing of the appeal

in height without ever notified the corresponding resolution, the resource will be considered accepted.

Second chapter. Article 6 of the cadastre management Functions of the cadastre management includes the following functions: a) The registration of real property and its physical, legal and economic characteristics.

b) modification of cadastral data.

c) the dissemination and communication of the cadastral information.

d) the elaboration of the cadastral mapping.

e) The assessment of properties in cadastral effects.

f) the custody of the data and of the documentation of the cadastre.

Article 7 regulatory Framework as a right inherent in the management of the cadastre and the exercise of their functions, the common produce and approve the legislation that regulates the declarations and applications for registration and alphanumeric and graphical data modification of real estate, the opening and the processing of cases by the incorporation and modification of data in the cadastre and the remaining procedures and acts that includes the operation of the cadastre.

Article 8 Inspection Authority and impose penalties 1. The inspection authority and impose penalties on cadastral corresponds to each common in the area of the parish territory.

2. In the communal regulations governing the operation and management of the cadastre, the Commons can create inspection bodies in regular violations of the cadastre, land registry regulations and envisage sanctions that have tax nature in accordance with the law of communal finances.

3. The faculty to instruct the organs of disciplinary or common common in which you delegate these powers. The resolution of these and the application of sanctions is solely to the common Council.

Third chapter. Contents of cadastre Article 9 the concept of real estate and cadastral unit 1. Cadastral purposes, are considered real estate: a) the plots of land and buildings subject to transfer or standalone use.

b) plots of land and buildings on which it can apply the ownership of a registration fee compulsory, regardless that the property is public or private and other rights that you may have about real estate.

c) administrative concessions.

2. each object of registration on the real estate cadastre is a cadastral unit.

3. In particular, are cadastral units: a) the plots not built-up land extensions, which are understood as marked by a polygonal line closed.

b) buildings that have not been subject to Division in independent units and the patch of land on which they are constructed, which form a unique cadastral unit.

c) the different real estate units owned in what is divided into a building and which are susceptible of alienation and exploitation of the horizontal property regime, according to the independent.

of territorial administrative concessions areas).

4. In addition to those indicated in the previous sections, the Commons, in the parish of the cadastre legislation can define other real estate as cadastral units.

Article 10 description of real estate 1. The cadastral description of each property comprises: a) The consistent physical features on the surface, the confrontations and the situation in the cadastral mapping.

b) legal characteristics consisting of real property rights, selling the census or surface that will have on the real estate, administrative concessions made and the identity of the holders of each of these rights. The cadastre should also describe the situations of co-ownership and participation fees of each co-owner.

c) economic features consisting of the cadastral value.

2. the common, in the parish of the cadastre standards may include the description of other features of real estate that deems as mentioned in the first section.

Article 11 references 1. To each cadastral unit is assigned a cadastral reference that identifies each uniquely real estate within the national territory.

2. The cadastral reference is made up of the code of the parish, which corresponds to the number of formal order, followed by another code with a particular structure for each common.

Article 12 the concept of cadastral holder 1. Register holders are considered the individuals and companies, associations, foundations and the public administrations that have any of the following rights for a estate: a) the right of property.

b real) right of surface.

c real) right of selling the census.

d) administrative concession.

2. register holders also are considered civil societies, the inheritance jacents, real communities and organisations and assets freelancers who despite not having legal personality are an independent economic unit.

3. register holders also are considered to be natural persons and legal entities, public and private, and the other organizations mentioned in this article that have other real rights of use in accordance with this law and the regulations that develop it.

Article 13 of the cadastre Documents the documents containing the information referred to the registered property in the parish cadastre can be the following: a) Legal Documents: public and private contracts, judgements scripts.

b) Technical Documents: technical projects of construction, urban development, redistribution and bundling, maps, photographs and orthophotomaps.

c) Administrative Documents: records of real property demarcation and administrative resolutions.

d) economic Documents: property valuations.

The fourth chapter. Assessment of real estate Article 14 Definition 1. The cadastral value is a constant and universal value of all real property in accordance with their location and characteristics.

2. The cadastral value is determined on the basis of the market value.

3. market value is the price most likely which could alienate, or take advantage of in the case of administrative concessions, between independent parts, a real estate free of charges.

Article 15 determination of the cadastral value criteria to determine the cadastre value will take into account the following criteria: to) the location of the estate, the urban circumstances that affect you and your fitness for the generation of income.

b) circumstances and market values.

Article 16 Limit 1. The cadastral value of real estate cannot exceed the market value.

2. To get the catastral value are common may establish a reducing factor of the market price in order to dampen the effect of the market's oscillations.

3. In the event that property exists with a sale price limited administratively, the cadastral value may not exceed this price ever.

Article 17 other criteria of determination of the cadastral value is up to the Government to point out other relevant framework criteria to determine the assessed value, in addition to the established in the previous article.

Article 18 procedure for determination of the cadastral value 1. The criteria and the quantitative data that are used to determine the cadastral value is contained in a document called the assessment table. The cadastral value each individual estate is obtained by applying the content of the table of valuation at the specific characteristics of the real estate.

2. The content of the assessment table is updated periodically according to the following procedures: a) general update Procedure throughout the parish.

b) simplified Procedure to timely update of one or several areas of the parish who require it, and that gives rise to a partial modification of the table.

3. The table of assessment must contain: a) the areas included in the evaluation table.

b) the Division of the areas in cadastral valuation polygons on the basis of criteria of homogeneity of the properties they contain. It is the common responsibility for defining these criteria.

c) the average value of the square metre of real estate included in each polygon. This value is obtained by methods based on the values of the following market:-from surfaces and of the amounts of the transfers that are included in the settlements of the real estate transfer tax (ITP) of the property included within each area of the table.

-On the basis of expert reports and/or valuations of real estate.

-Operate, by other methods prescribed by the regulations by the Government, provided that they are based on market values.

In those areas that do not have enough information about the average value obtained by the methods described above, apply estimates based on the data of polygons of similar characteristics.

d) if applicable, the reduction factor applied to each polygon.

Article 19 approval of the assessment tables 1. Corresponds to the common approved the assessment of real property located in their parish.

2. When a new valuation table comes into force, either general or partial update is automatically repealed the previous and updated cadastral values of real property registered in the cadastre.

3. initial approval and updates, General or partial, of a table of assessment must be published in the official bulletin of the Principality of Andorra, without it being necessary to notify individually the new cadastral value.

Article 20 Revision 1. The general review of the valuation tables is done with a frequency of no more than five years.

2. If, on the occasion of an inspection or for other causes, noting that a particular cadastral polygon has significantly outdated values with respect to real estate reality, we must proceed with a partial modification of the table.

The values of the polygon or polygons affected may not be reviewed again before the period of two years, but if it is done in the framework of a general update.

Chapter five. Article 21 of the cadastre cartography Concept 1. The cadastral cartography is the set of maps and graphic representations, in digital or paper format, which are part of the cadastre and which describe the shape, the size and the status of the real property of public or private property, as well as the geographic features of the territory and boundaries of parish term.

2. The cadastral cartography is managed using the geographic information system referred to as GIS.

Article 22 content of cadastral cartography cadastre mapping contains: a) the boundaries, the shape, the size and the location of the plots and buildings and scaffolding constructions on them. For the buildings, it must be stated in the form of polygons:-the perimeter of the building in their jobs above ground.

-The perimeter of each of the real estate units, such as households, the parking spaces, storerooms and other, located on each floor, indicating the use to which it is intended each cadastral unit.

-The perimeter of the building in its use below ground level.

b) the streets and pathways of communication with the corresponding names. In the crossing of streets or roads included the elevation of the terrain (z), as well as the axis in distances between 50 and 100 metres.

c) place names of towns and of the games or the terms, according to the official nomenclature of Andorra and the names of the parish for those names that are not reflected in the Gazetteer.

d) the networks of services.

e most important geographic elements), such as rivers, streams, ravines, lakes, ponds, reservoirs and dams with their names. In the axes of these elements included the elevation of the terrain (z) in between 50 and 100 metres.

f) the term of the parish and other administrative boundaries, with representation of the milestones of delimitation.

g) cadastral reference of each unit, the reference for each patch and the postal address and reference of each building.

h) areas and the polygons that define the areas of assessment.

and) of the distribution of plans each of the floors of the buildings to represent the cadastral units.

Article 23 additional data from the cadastral mapping, cadastral mapping may contain the following additional data, which come from the geographic information system: a) An individual layer with the symbolization of the walls, slopes, trees and other elements in those areas in which it has been a lifting of the fragmentary in the digital version of the mapping.

b) basic cartography of Andorra.

c) The aerial orthophotos elaborated by the Government.

Article 24 of the cadastre mapping system Mapping System has to be defined in accordance with national legislation in force on geodesy and cartography.

Article 25 scales of uprisings and fragmented disciplines of graphic representations is the common set the scales of lifting the fragmentary, and graphic representations of the real estate registered in the cadastre.

Article 26 Branch of the parish in cartographic sheets 1. Cadastral mapping consists of a continuous map in its digital version.

2. The mapping must contain the pages for printing in paper format in accordance with the following characteristics: a) the subdivision must follow the edge of the basic cartography of Andorra.

b) the dimensions and the identification of the sheets should also be those defined by the basic cartography of Andorra.

3. In the event that you believe should make a subdivision of lower leaves in the scale 1/500 or a subdivision of a full 1/5,000 or 1/1,000, you should follow the same criteria used to divide and identify the basic cartography of Andorra.

Article 27 The coordinate grid 1. The coordinate grid must be generated by a rectangular array of 6x8 from the SW corner of the sheet, so that the distribution of do you think is always ten centimetres off plan, regardless of the scale of representation.

2. The texts of indication of the coordinates must be placed on all sides of the rectangle of the Cartographic sheet and out of the area that you define.

Chapter six. Advertising of the cadastre and data protection Article 28 of public cadastre and data protection 1. The cadastre is a public register for the purposes of the provisions of law 15/2003, of December 18, qualified protection of personal data.

2. Are considered protected data name, surname and the address of the individuals, the name and the domicile of legal persons and the cadastral valuation of real estate.

3. The owners or co-owners of real estate have free access to the data of properties of which are owners or co-owners.

Article 29 general Access to information not protected of the cadastre 1. The access to the information of the cadastre which is not considered protected data is free.

2. This can be done only in the form that established the common.

Article 30 Access to protected information holders not part of the cadastre 1. Access by third parties to the protected data of the cadastre, without prejudice to the provisions of paragraph 3, which can be carried out by means of the specific and express consent, the holder of the cadastral person with sufficient powers of representation or of his legal representative.

2. In situations of cotitularitat of cadastral units, you will need the express consent, specific and written by one of the co-owners.

3. Access to the data of the cadastre can be carried out without the consent of the owner of the written request when the information assessed: a) the batlles, the courts and the public prosecutor's Office.

b) notaries, for the identification of the properties.

c) the heirs and legal successors with respect to the cadastral units registered in the cadastre of the originator that appear when you have a legitimate interest.

4. The common, using the communal regulations, establish the conditions for access to the protected data relating to the identification and address of the owner, etc. without the consent of the latter, provided that it is for the identification of the estates of the contiguous lands or that are located in the same unit of work.

Article 31 information dissemination and communication of the cadastre 1. Corresponds to the common define the form and the documents through which becomes effective communication and dissemination of information from the cadastre.

2. The communes have to deliver certificate of registration of the real estate at the request of the registered owner.

Chapter seven. Collaboration and exchange of information Article 32 cooperation with the Government 1. The Government has to communicate in common in which enables the real estate: a) The agreements with individuals who have to transfer, barter or the right of use of land and other real property in accordance with this law and the regulations that develop it.

b) The expropriation of real estate.

2. Together with the above information the Government has sent in common the plans of the properties transferred, permutats or expropriated in the formats defined by the cadastral mapping.

Article 33 cooperation with notaries 1. The notaries, every three months, they must send to the common of the parish in which are situated the real estate property, a list of the documents to them allowed for which is transmitted, by any title, ownership of real estate, will constitute, transmitted or are cancelled in rem rights of use and of selling the census, or any alteration or modification of the settings of real estate resulting from statements and new modifications , property divisions in independent units and creation of the horizontal property regime, aggregations, segregations, divisions and groups of properties.

2. The relationship to remit by notaries ordinary must contain: a) the identification and address of the person acquiring the goods or of law, or of the person in favour of whom the law.

b) the identification and the address of the person transmitting the transferor of the goods or of the person or cancel the right.

c) the identification and address of the person signing declarations and instruments new modifications, property divisions in horizontal property regime, aggregations, divisions and groups of properties.

d) the identification of the real estate object of the acts referred to in the first paragraph, which should include the address or the location of the real estate units or properties and the surface.

e) the date of the public instrument authorized.

Article 34 documentary Record of the cadastral reference The notaries have to contain the references of each real estate that is the subject of transmission, of alienation, of Division or segregation in the documents authorized by them and have to consign-there is the obligation of the purchaser to register the right and the new ownership in common where it is based.

First additional provision modifies the article 16 of the law on the tax on real estate transfers, of 29 December 2000, amended by Act 7/2006, of 21 June, amending the law of real estate transfer tax, which is worded as follows: "Article 16 Registration Obligations 1. The notary must notify the administrative registry of property attached to the Chamber of Notaries the granting of any act or contract in which intervention that involves a real estate property transfer or the establishment or transfer of property rights, so that they will proceed to their registration.

2. Must determine by regulation the manner and the procedure for carrying out the entry in the register of real estate.

3. notaries, in the form established by the law of the land, they have to communicate to the common issue of acts or contracts in which intervention involving a real estate property or the establishment or transfer of rights, for their registration in the land registry. ".

Second additional provision modifies the terms of paragraph 5 of article 3 of the law on notaries, of 28 November 1996, which is worded as follows: "5. the notaries, saved that by law it is the contrary, have to maintain professional secrecy with regard to all facts and news from all over order of which they had knowledge in the exercise of their functions.".

Third additional provision modifies the paragraph 1 of article 14 of the law on notaries, of 28 November 1996, which is worded as follows: "1. You only have the right to obtain copies and certificates of the licensors, those who have the legal interest and the causahavents of others. The notary does not deliver copies or exhibit the original instruments to any other person, unless there is a court order or you have a law. ".

Fourth additional provision 1. This law allows the Government to prepare competition saved, together with the common, an inventory or the national base of data of the whole national real estate wealth, in the terms established by the third transitional provision of the law 10/2003, of 27 June, communal finances.

2. For the purposes of the provisions of the preceding paragraph, the communes have to provide to the Government all the information that is required in order to make the inventory or the national base of data in the same indicated. ".

First transitional provision 1. Each common, within a period of ten years established by the third transitional provision of the law 10/2003, of 27 June, communal finances, has to adapt the cadastre and the regulations that govern the provisions of this law.

2. Until such time as what has been done this adaptation, continue to force the parish local records and the regulations issued prior to the enactment of the present law.

Second transitional provision the constancy of the cadastral reference in public instruments regulated by article 34, it is not of application up to the time when the parish in which they are rooted in the real estate has adapted to this law the parish cadastre.

Final provision this law comes into force the day after being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, December 11, 2008, Joan Gabriel i Estany Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Joan Enric Vives Sicília Nicolas Sarkozy President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra

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