Amendments To The Real Property Cadastre In The National Law

Original Language Title: Grozījumi Nekustamā īpašuma valsts kadastra likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/212856

The Saeima has adopted and the President promulgated the following laws: the real estate cadastre of the State law to make the real estate cadastre (public law of the Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2006, nr. 1; 2008, 7 No, No 14, 2009; Latvian journal, 2009, 200. No.) the amendments are as follows: 1. Article 1: make 7 and 8 point as follows: "7) cadastral entities: national real estate cadastre information system of cadastral objects registered owner, or, if not, — legal possessor;
8) — determine the land cadastre and the land part of the border units, shipbuilding and space group determination of the contour, characterize data locality and cadastral documents preparation determine; "
make paragraph 10 by the following: ' 10) space group: constructive delimited, and from one or more rooms as the room that has one or more of the output to the room or outside and construction of regulatory laws in the order given one specific function (use); "
to supplement the article with points 13 and 14 by the following: ' 13) building, building, which until its commissioning according to the construction of the regulatory requirements of the laws and had at least a zero cycle;
14) property name, with the decision of the municipal real estate property rural area assigned to a property that is not address. "
2. Supplement article 3, third paragraph, the first sentence with the words "which contains official cadastral data".
3. To make article 4 by the following: "article 4. (1) the cadastral information system registers and maintains cadastral text and spatial data on cadastral objects that are located in the territory of the country, while maintaining the above register (historical) data. 
(2) the cadastral spatial data is the cadastral map and cadastral object determine the spatial cadastral data. "
4. in article 5: replace the second paragraph, the words "current cadastral data" with the words "the documents on the basis of which the cadastral data registered or updated";
to make the fourth subparagraph by the following: "(4) the public body that uses personal decision making in the cadastre, cadastral documents information system has the right to ascertain the cadaster of the data contained in document compliance with the current cadastre data."
5. To make article 7 by the following: ' article 7. (1) for the purposes of this act as the owner of the real property to be recognized: 1) a person who complies with Section in the owner's concept;
2) a person registered in the cadastre information system as an owner and acquired the property rights to: (a)), the artist's Studio apartment or residential space, which privatized until residential home law "on privatization of State and municipal residential house privatization" in the order, b) apartment that privatised or alienated to the law "on the privatization of the housing cooperative", the law "on agricultural companies and the privatisation of the labourer" fishermen or Latvian SSR Council of Ministers and the Republican Trade Union of Latvia Council of 24 July 1989 in decision No 171 "on State and public housing funds housing and House for sale in citizens ' personal property, in accordance with the procedure laid down in (c)) to the construction of 5 April 1993, on the basis of the law on 22 December 1937 the land registry law and the entry into force of the order ", d) real property which, in accordance with the civil code 1477. the second paragraph of article be considered real estate legally without recording in the land.
(2) for the purposes of this law, on real estate legal possessor shall be: 1) a person who meets the legal possessor of the civil law concept, except that this article is referred to in the first subparagraph;
2) person who is part of the reform of land acquired the real estate that is not recorded in the land, if the statutory authority under the decision of the property in return for a payment or a refurbished property rights to it, other than the cases referred to in the first subparagraph;
3) shipbuilding possessor, based on the contract concluded with the owner of the land on the right of the building.
(3) for the purposes of this law, the user shall be the person to whom the owner or legal possessor law cases the local authority or public body referred the application or holding real property or part thereof. About user is not considered to be a person who, on the basis of lease contracts used in real estate, real estate or land units. "
6. Make article 9, first paragraph, the first sentence by the following: "land unit and land units planned for the land part or unit and part of the land determines the property used for the purpose of use and assent of land."
7. Make 11, 12 and 13 of article as follows: "article 11. (1) the real estate object is determined by the real estate property that is recorded in the land register. Split or combine only in the land of the real estate record. The real estate object or property, if the cadastral information system tracked changes in the composition of the property is recorded in the land register.
(2) the first part of this article shall not apply to: 1) land reform laws and regulations governing the cases the State or local Government to nodded and owned land before Earth's first recording in the land;
2) new construction, cadastre information system construction and not registered at the existing space groups.
(3) If the subject matter of the transaction is part of a cadastral object, before the transaction, according to this law, malleable. Forming does not carry out cadastral object supposedly part of this law and article 19 point 2 above ground units and land units.
12. article. Cadastral object forming the national land service, except cadastral object forming the initiation, as well as ground units and ground parts of cadastral units determine.
13. article. (1) the owner of the estate or, if not, the legal possessor or cadastre, the entity is obliged to propose the establishment of construction, if the real property cadastre information system is not registered in the construction or cadastre information system established within the construction does not exist in nature. Cadastral entities must propose to the cadastral data updating cadastral object of cadastre information system, if a change in the composition of real estate or real estate object that describes the data.
(2) the subject must Register within six months after the expiry of the planning permission [except where construction has not begun on the construction of judicial proceedings or when construction is suspended (paused)] to propose cadastral object registration or cadastre data updating of cadastral information system, if built or demolished building, shipbuilding, construction performed part or group of refurbishment or reconstruction. For this obligation to comply with the stipulated period the owner of the estate or, if not, the legal possessor or cadastre: the subject is responsible legislation.
(3) requiring the submission of the certificate of the land cadastre Department, cadastre subject show that there is no change in the composition of real estate or in the second part of this article the said real estate object that describes the data. "
8. Article 18, paragraph 2, in: turn off;
turn off paragraph 4;
make paragraph 5 by the following: "5) cadastral value;";
turn off the point 7.
9. To supplement the law with article 18.1 as follows: "article 18.1.  (1) the real estate object detection process comply with the following conditions: l) at the apartment property owned in joint ownership of existing apartment buildings and land are unable to divide the real parts;
2) dividing the joint ownership of the existing real estate objects, each new object of immovable property to a property in the land registry office for the consolidation of the co-owners are the same parts as the split likely real estate object;
3) if ownership of the land in units located in the landowners owned construction and in joint ownership if the co-owners agree on the shared ownership real distribution type that is associated with the shipbuilding Division, the following divided co-ownership of real so that land distribution line coincides with the construction of distribution lines that ground level consists of the ground floor of the vertical plane, and each separate structure were completely separate land units;
4) combines: a) only one type of real estate objects below the unit to a ground unit, built by a construction group with Group b) adjacent land register recorded real estate objects, creating one of the real estate object, c) multiple owners owned adjacent land register recorded real estate objects, creating in the joint ownership of a real estate object.
(2) the real estate objects combine, where no land units have at least one common border during construction is common in at least one of the external plane (wall), space group are located in the same building and space group containment plane (wall or floors) in a horizontal or vertical border plane. "
10. Article 19: Add to the introductory article "after the word" by "and" in the laws;
make paragraph 3 by the following:

"3) add one or several rooms adjacent to the space group, not creating a new group, where the rooms are located in the same building and the space plane boundaries (walls or floors) in a horizontal or vertical border plane;".
11. Express article 21, paragraph 1 by the following: "1) as a result of the merger of registered real estate object is added to the other registered real estate object (change at United real estate established in the external contour of the object or volume) articulates the cadastral data and information system;".
12. Express article 22 the following: ' article 22. To ensure the real estate object, the Cabinet of Ministers shall determine: 1) documents as article 24 of this law the persons referred to in the first and second subparagraphs shall be submitted to the State land Department to launch a real estate object or part of the land identification process;
2) State land service of the document;
3) real estate object and land units (including State secret status of the building and real estate objects or land units which discovery proposed by the municipality) a cadastral procedure, determine raksturojošo data, the accuracy of measurement, measurement of the residue is not bound, cadastral documents determine content, as well as procedures and harmonization;
4) real estate object's boundary-marking and the burden calculation of area land cadastral documents determine;
5) real property and other cadastral documents;
6), the building cadastre and the land and determine the structure of the document to be submitted to determine a cadastral registration of cadastral information system. "
13. Express article 24 as follows: "article 24. (1) the real estate object discovery suggests: l) real property owner or, failing that, legal possessor or cadastral entities;
2) and the institution of the country local authorities on the ground that it agrees with, or belong in accordance with the law "on State and municipal land property rights and the consolidation of the land register";
3) local government, land reform for the completion of the land;
4) the person who submitted the document on the establishment of an easement of way or, in the case of real property lien registration cadastral information system;
5) person in the application a sworn notary has expressed willingness to accept the inheritance, by the production of a copy of this application for construction or group without the right to propose the deletion of the construction.
(2) the determination of Earth part recommends: 1) cadastral entities;
2) and the institution of the country local authorities on the ground that it agrees with, or belong in accordance with the law "on State and municipal land property rights and the consolidation of the land register";
3) local government, land reform for the completion of the land.
(3) to start the ground part of the detection process units, the second subparagraph, the persons submitted to the State land Department land boundary plan that represents a copy of the proposed land units.
(4) the local Government shall, if it is not the subject, the register has the right to propose a real estate object or a part of the Earth, which according to the law "on real estate tax" levied by the estate tax. "
14. Turn off article 25.
15. Express article 26 and 27 the following: ' article 26. (1) the land units or parts of units of land cadastral trying: 1) shall be provided in the detailed area or land-use planning projects in the real estate object or a land plan proposed land units parts;
2) Latvia's geodetic coordinate system LK-92 units of the land uzmēr and the land part of the border, the unit prepares a cadastral documents determine the calculation of land units and land units share data and coordinate raksturojošo land units and part of the land boundary plans with local authorities and laid down in the laws and institutions;
3) land cadastral documents determine the image of the real estate object's burden and hassle raksturojošo data.
(2) a detailed plan is not necessary if the recalculate land units or parts of units of land cadastral or land in uzmēr determine the ground units. Land-use planning projects are not required to land-use planning in the cases specified by law.
(3) the structures and groups, determine the cadastral uzmēr structures and groups, attracting the external contour of the geodetic coordinates of the Latvian system LK-92, prepares a cadastral documents determine the calculation of structure and space group raksturojošo.
(4) legislation the cases can also take individual actions determine cadastral.
27. article. Cadastral information system established, with landmarks area fixed land area unit in an area determined by graphical methods can differ from the cadastre in the determined area, determine if uzmērīt the same reference points. In this case, the cadastral documents determine and cadastral information system updates the data according to the cadastral area of the body determine. "
16. Article 29: make the second paragraph as follows: "(2) a certificate issued to the uzmērītāj cadastre of land or refuse to issue a certificate, suspended or restored, the duration of the extended certificate or refuse to renew the certificate and revoke the cabinet authorized certificate authority.";
to make the fourth subparagraph by the following: "(4) and issue of the certificate of registration, suspension of the certificate and certificate of renewal, prolongation and revocation of the certificate, certified by the person supervising procedures, as well as the rate of State fee and payment arrangements, civil liability insurance policy and insurance agreement minimum amount is determined by the Cabinet of Ministers.";
to supplement the article with a fifth by the following: "(5) in the second part the certification bodies referred to in regulations issued may challenge the State land service. The State land service of the decision may be appealed to the District Administrative Court of the administrative procedure law. The draft decision or appeal shall not suspend its operations and performance. "
17. To supplement the law with article 31.1 the following: ' article 31.1. The owner of real property or, if not, the legal possessor is obliged for its invitation of the person performing the land, building or premises the group determine the cadastral, provide access to the uzmērām property of the object or part of the Earth. "
18. Article 32 of the expression by the following: ' article 32. (1) the real estate and its composition amended legislation.
(2) real estate consists only of those real estate objects, which are defined in accordance with the requirements of the law.
(3) the real estate building and it consists of this law, the amendment proposes that article 24, first paragraph, 1, 2, 3, and 5. the person referred to in paragraph 1, shall submit the application. "
19. Article 33: Express (4) as follows: "4) amending the registered property, separating it from the real estate object;"
to supplement the article with a paragraph 5 by the following: "5) amending the registered property, then adding real estate object."
20. Replace article 34, first paragraph, the word "owner" with the words and figures "of this law article 24, first paragraph, 1, 2, 3, and 5. the person referred to in paragraph 1".
21. Make the article 36 the first part as follows: "(1) a record of the real estate cadastre information system deletes, saving information about the real estate object, if the information on the real estate of the deletion of the country-wide computerised land register. A record of the real estate object deletes Article 21 of this law in particular cases. "
22. Turn off article 39.
23. Replace article 41, second paragraph, the words "permissible limits" offline "according to cadastral documents determine the laws prescribed".
24. Turn off article 43 first paragraph, point 3.
25. replace the second subparagraph of article 44, paragraph 4, the words "Cadastre subject" with the words "the owner of the estate or, if not, the legal possessor".
26. Turn off article 45.
27. Article 49 off.
28. Turn off article 51, the words and figures "according to this law, article 20, paragraph 2".
29. Article 53 (1): replace the words "discovery object" with the word "building";
to complement the "b" section with the words "If the local Government has given".
30. the express 54. the second and third subparagraphs by the following: "(2) the State land Service decides to postpone the cadastral object, or cadastral data registration or cadastre data updates for a period of up to one month if the person submitted or produced documents containing messages that conflict with other national information system in the existing data.
(3) the State land Department shall decide to refuse a cadastral object, or cadastral data registration or cadastre data updates in the following cases:

1) or produced documents submitted do not contain cadastral object, or cadastral data registration or cadastre data messages needed to update;
2) indicated in the document submitted or are in conflict with the State land service maintain information system data or national land service Archive document.
3) a month from the day of receipt of the decision on the cadastral object, or cadastral data registration or cadastre data updating, party submitted documents that prevent this article referred to in the second subparagraph of the State land service found inconsistencies. "
31. the express 54. article as follows: "article 56. Has the right to submit documents again, if the reasons for the refusal. "
32. Turn 60. paragraph 4, the words "scale of certainty".
33. To supplement the law with article 39.2 of the following: ' article 39.2. (1) the Division of real estate two or more real estate, cadastral information system in the newly created real estate granted new cadastre numbers (Cadastre identifiers), recorded at the (remaining) for real estate cadastre number when saving it.
(2) the Division of real estate objects in two or more real estate objects, the cadastral information system are recorded as new real estate objects, which assign new cadastral designation (Cadastre identifiers). Two or more real estate objects by combining a single object, the cadastral information system to register with a new cadastral designation (cadastral identifier). The previous cadastral identifier after the real estate object or a combination of the Division be withdrawn.
(3) if the combined number of one person owned real estate, save one of the existing cadastral numbers. "
34. the title of chapter IX be expressed by the following: "chapter IX cadastral object formatter document, cadastre and cadastral data document storage".
35. the express 83., 84 and 85 of the article as follows: "article 83. (1) the cadastral data and real property cases to be kept permanently. Cadastre documents and data stored in the legislation.
(2) the first paragraph of this article data and document storage until their transfer to the National Archives provides archives of the State land service.
(3) if the cadastral information system is being reorganized or liquidated, the first part and the data referred to in the documents are served to further national archives storing legislation.
84. article. (1) the particulars needed cadastral information system in the maintenance of the State land service providing real estate owner or, failing that, legal possessor or cadastre, local government bodies, public institutions.
(2) the first paragraph of this article gives details of the person in the form of the document.
85. article. (1) the cadastral entities shall have the right, once per calendar year to request in writing and free of charge, within the limits laid down in the laws and get current cadastral data for all of your real estate.
(2) the cadastral entities using State land service maintain the person identified on the internet available electronic service, you can receive free of charge an electronic current cadastral data about your real estate laws determine the extent.
(3) a Person who is not in the cadastral information system registered as the cadastral body shall have the right to request in writing and once per calendar year without payment to receive assurances that the cadastral information system is not registered in real estate. "
36. Express article 86, the first paragraph by the following: "(1) State direct administration institutions, local government, State control, the Prosecutor's Office, the Court and other authorities that the following rights prescribed by law, the functions needed cadastral information State land Department shall prepare and issue the amount of information in a standardized way and free."
37. the express article 87, the second paragraph as follows: "(2) the State land service may refuse a request for information in the absence of enforcement, in the event of non-compliance with the laws and regulations of requirements on cadastral information may be requested."
38. Chapter XI off.
39. Turn off article 92.
40. Article 93 of the expression as follows: "article 93. If the State land cadastre service detected data inconsistency documents, on the basis of which the cadastral data registered or updated, this legislation within the correct occurrence of cadastral data, updating them, and bear the expenses associated with it. "
41. Turn article 94.
42. Article 95 off the word and figure "and 94" and the words "(including electronic means)".
43. Article 98: to replace in paragraph 2, the word "entity" with the words "Cadastre" of the subject;
Replace paragraph 10, the words "the owner or, if not, the legal possessor or, failing that, the user" with the words "Cadastre" of the entity.
44. in article 99.1 off the words "or, if not, user".
45. To supplement the law with article 99.2 as follows: "article 99.2. (1) If a municipality article 24 of this law is provided for in the third subparagraph is proposed by the real estate object or part of the Earth, its laws and regulations and in accordance with the procedure laid down in the amount paid for the property of an object or the ground part of the unit.
(2) in such a case, the decision by the municipality that the owner of real property or, if not, — legal possessor or, failing that,-the user three months released municipal property to an object or the ground the unit cost determination. Execution of the decision of the administrative procedure law. "
46. The transitional provisions: turn off paragraph 4;
Express points 5 and 6 by the following: "5. the immovable property for land registry to record the first land-use planning projects in the framework of the reform of land developed and approved in accordance with the law on land reform in rural areas of the Republic of Latvia", the law "On land reform in the cities of the Republic of Latvia", land-use planning of the transitional provisions of the law and the Council of Ministers of 25 November 1991, decision No. 322 of the rules on "rural land".
6. To real estate to record in the land for the first land reform and privatization laws regulating the land user is the subject that the register cadastre information system as a user. Land user is entitled to propose a real estate object and part of land, real estate, create the object data updating of cadastral data and repair, as well as this law, 13, 14 and the obligations laid down in article 19.3, he may carry out this law laid down in article 34 of the operations. ";
express the following paragraph 13: "13. State land service is entitled to change the cadastral information system historically accumulated real estate cadastre numbers or ground units, structures and space group cadastral designation, if they do not meet the regulatory requirements, notifying cadastral subject. The State land service month inform the relevant local authority and land registry departments on changes to be made in the land. ";
turn off paragraph 15;
turn off paragraph 20, the words "or, if not, the user";
turn off paragraph 21 in the words and figures "to 2010 September 1";
turn off paragraph 22, the words "or, if not, the user";
transitional provisions be supplemented with 25, 26, 27, 28, 29, 30 and 31 by the following: "25. If the law is laid down in the construction the owner received a suggestion to privatize building maintenance (dispose) requires the State or municipality-owned land, which, together with the land owner-owned buildings in the land register as a single property, after privatization (transfer) the institution on the proposal of the State land cadastre information system services in the Division of property, create an independent land and the construction of an independent property.
26. the amendment of the Cabinet of Ministers of 20 June 2006 regulations no 496 "the property classification and purpose the real property and the purpose of the Exchange order" according to article 9 of this law, the first paragraph of those provisions apply, to the extent they do not conflict with the provisions of this law, but not more than six months after the entry into force of the law.
27. the Cabinet of Ministers no later than 1 June 2011 manages this law referred to in article 22 of the Cabinet of Ministers regulations. Until this law, referred to in article 22 of the Cabinet of Ministers Regulations entry into force, but not longer than until June 1, 2011 must apply to the Cabinet of Ministers of 20 March 2007, the provisions of no. 182 "rules for real estate object detection", in so far as they do not conflict with this Act.
28. The Cabinet of Ministers no later than the year 2010 December 31, article 29 of this law shall be issued in the fourth Cabinet of Ministers referred to the rules.
29. This Act article 29 part five shall enter into force on January 1, 2011.

30. The Cabinet of Ministers no later than 1 June 2011 manages this law referred to in article 60, the provisions of the Cabinet of Ministers. Until this law, referred to in article 60 of the Cabinet of Ministers Regulations entry into force, but not longer than until June 1, 2011 must apply to the Cabinet of Ministers on 23 February 2010, Regulation No 193 of "cadastral object registration and cadastral data updating rules", in so far as they do not conflict with this Act. "
The Parliament adopted the law of June 17, 2010.
President Valdis Zatlers in Riga V 2010 on July 7