Geómetra europeo - Caso de éxito: El Öffentlich Bestellte Vermessungsingenieure en Alemania

The publicly appointed surveying engineer as part of the cadastral

system

Introduction

• We have a more or less similar culture of engineering work

• In all matters related with legal affairs thinks are often different. Cadastre surveyings are an good example for different systems

Is there a land register and / or cadastre? Which kind of work is sovereign? Who is in charge? Which qualification? Is the registration uniform? What or how much has to be registerd?

BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 2

Introduction

As many countries we have in the Eu, as many + x solutions of ownership protection do we have


BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013

Some Facts about Germany

16 states

Capital: Berlin

Area 357.023 sqkm

Inhabitants 82,5 mio.

Some facts about Germany

- For the most important laws the German federal republic is responsible, for other laws the German states are in charge of them (historical reasons)

- Engineering work and engineering surveyings are not regulated.

- Sovereign surveyings for our ownership protection system are regulated by the German states



Cadastre and Land Registry

• Cadastre and Land Registry are separate

• Cadastre is operated under state law by cadastral offices

• Land Registry is operated by the land registry offices in the local courts under federal law

The legal status of work

• Every country makes decisions about the importance of certain activities (defense etc.)

• Germany decided, that every citizen who buys a house, a flat or land has extremely high protection of his investment

• Property rights are part of the German Constitution: 1st principle: The State guarantees property rights

• Because of that, activities connected with registrations of real estates are under the control of the state.

• It is a sovereign work



• Because of workflow, changes of the economic trend and the idea of participating of the liberal profession, we have so - called publicly appointed professionals.

• They have an extra education, a special tight connection to the state and part wise the public power of the state

• Examples are the notaries and the publicly appointed surveying engineers



• Not every lawyer is allowed to work as a notary and not every surveying engineer is allowed to work as a publicly appointed surveying engineer.

• The notaries are usually working as a lawyer and also in notary affairs

• The publicly appointed surveying engineers are acting in engineering cases like a normal engineering office and in the case of sovereign cadastral measurements like a state agency including the official power.


Types of surveying work

• We have surveying or engineering offices which are free to carry out any type of surveying everywhere.

• We have the states cadastral administration, which are with the publicly appointed surveying engineers responsible for sovereign surveying

• We have the publicly appointed surveying engineers who are in charge of both kinds of work


Some examples of engineering surveyings


Overview of kinds of surveyings



Höhenplan

14




3D CAD

BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia,

December 2013

Photogrammetric Rectification


3 D Measurement and CAD


Weapon calibration



Valuation

G U T A C H T E N

Ausfertigung Nr. 1

Dieses Gutachten besteht aus 45 Seiten inkl. 4 Anlagen mit insgesamt 6 Seiten.

Das Gutachten wurde in drei Ausfertigungen erstellt, davon eine für meine Unterlagen

Shipbuilding Industry


Electronic engine calibration


Satellite calibration


Some examples of sovereign surveying work

- Subdivisions- Verifying of property- Planning facts- Official seal- Expert at the court- Detection of borders- Land consolidation- Reallocation and voluntary reallocation- Data for development plans


Detection of Borders


Surveying new estates


Easement plan


Lageplan


Consolidation



Land consolidation


Reallocation


Streets and green areas before and after the reallocation

before after

- -


II. Grundlagen des Beispielfalles

Development plan


Data for development plans


The publicly appointed surveyor

19th century demand for a cadastral system The first system was a fiscal cadastre In the early 20th century we had an upgrade to

a property cadastre Public credence of the cadastral data Over the years what was technically possible

was done. Development to a multipurpose cadastre


The publicly appointed surveyorstatus

In the first decades of the 20th century the institution of the publicly appointed surveyor was founded

A “private” surveyor is allowed to act as the State

To get this status after university an additional second education in law and administration is necessary. Afterwards an about one year training is obligatory before a swearing in is possible

Today about 300 cadastral offices and about 1500 publicly appointed surveyors are in charge in Germany

Requirements publicly appointed surveying engineers (mainly)

• Master degree in geodesy • Additional 2 years traineeship in the surveying

administration • Qualification certificate for the senior sections

of the civil service in surveying and mapping Civil service examination / second state exame

• Same way of education like judges and notaries• At least 1 year practical experience in cadastral

surveying• Swearing in

Requirements publicly appointed surveying engineers

• Personal qualification und reliability• His profession is self-employed and

independent • He may employ other surveyors, but no

other publicly appointed surveyor, who carries out parts of the cadastral surveying

• He is responsible for the whole of his work



amount of work

• Today about 80 % of the cadastral field work is done by publicly appointed surveyors

• The amount of cadastral work depends basically on the building sector

• This sector has serious fluctuation • The State is sometimes not able to deal with

this fluctuation • Because of that, it is a relief for the State when

publicly appointed surveyors are in charge


Rights and duties

Publicly appointed surveyors have some special rights to execute their work:

He sets administrative acts for defining border and for his invoices

He works in a sovereign field, the public authority has to support him

He uses an official seal, his business paper and office bears the states emblem

He is freed from some paragraphs of the road traffic act


Rights and duties

Entry right to all plots Access to all owner’s data Fixed price lists To be involved in defining new laws Setting administrative acts. A boarder is a

fact after setting this act. This is public authority and power done

by a publicly appointed engineer. Their working results “have to fit”. This

requires excellent understanding of all cadastral matters and is achievable only by dedicated stakeholders.


Rights and duties

Some duties:

The responsible ministry has to control the work and the invoices etc. at least every two years

A limited liability company is not allowed. The publicly appointed surveying engineer

guarantees with his whole property for 30 years He has to accept every sovereign job which is

assigned to him Correct behaviour in the society is a must


Self organization and controls by the state

About 90 % of the publicly appointed surveying engineers are voluntarily organized in the BDVI (German association of publicly appointed surveyors). The BDVI deals with the:

Organization of members Harmonisation Advanced training Contacts to other business organization Relations to politicians Contribution of new laws etc.


Self organization and controls by the state

Every about two years the responsible ministry is sending two or three higher public servants into our offices. They check:

If everything was done according to the law. If correct invoices were dispatched If the instruments were permanently checked If the files management was correct and

reproducible In general, if the states affairs were treated in a

correct way


Which authorities are in charge

of cadastre and land register?

The cadastral administration


The land registry


Current organization of surveying authorities

(eg.)Ministry

LawControl

Swearing in of surveyorsetc.

Cadastre Administration

RegistrationSovereign surveying

Publicly AppointedSurveyors

Sovereign surveyingTechnical surveying etc.

Data


Access to information

Citizen Public authorities

Publicly appointedsurveyor

Surveying experts

Type of Data

Owner registry(Data privacy)

Maps Surveying data(Data privacy)


The effect of the legal demands

In every period the cadastre has, besides the technical character,

a strong legal character.

- Every border stone is coordinated and accepted - This is documented- A conflict occurs very seldom - Public belief

The effect is an enormous legal certainty


Ownership protection

Notary Laws

Owners

Land registry

Cadastre

Publicly appointed sur.

Cadastre is part of the basic infrastructure of Germany

•Every planning and geographical sourced action is based on cadastral data•There is only one basic information system - the cadastral data•Every map based official action has to be based on the cadastral data•Every changing of property is registered in the cadastre•The cadastre is the technical part of the land register



Example of an old cadastral map


Cadastral map before 2000


Example of a newer cadastral map about 2000 – 2011

56

Example of a new cadastral map

after 2011


Dipl. – Ing. Clemens Kiepke, Athens, March 2013 57

Example of a new cadastral map


58

Example of a cadastral owner register

Owner: Mr. Example


Ownership change

GermanCivil Code

Land RegisterAct

Cadaster & Surveying Laws

AdministrationalLaws

Real Estate

Plot

Building &Construction

Laws

Technical Rules

Quod non est in actis non est in mundoIf it‘s not in the files, it doesn‘t exist.there is no property nor rights outside of the Land Register

The Register is public for owners and qualified interestThe Land Register has public credenceThe Land Register contains only the property rights – there is no spatial information


Land Register

Documentation of Real Estate Property

• Real estate property documentation in Germany has two parts:

• Land Register provides information about the owner, the mortgages and the easements.

• Property Cadastre provides information about the plots geographical situation, its size, its use and last but not least the buildings.

• Each part is dedicated to a specific purpose• Both parts complement each other. Only both

parts together deliver the complete information.


The Cadastral Surveying

• Extremely precise measurements are not necessary for cadastral surveying.

• Additional skill is needed: to recognize and to dissolve possible contradictions.

• This process requires a complex assessment of all available information.

• It culminates in the surveyor’s decision where the border between two plots is situated.

• This is the moment when the cadastral surveyor sets an administrative act and executes governmental force:


Factors for Success

• Errors near to zero because of safe procedures and quality assurance.

• Trust because all participants trust in the system, are informed and have to be involved

• Efficiency because the system is tuned between all professional participants and institutions


Conclusion

• The advantage of the German cadastre system is the legal decision with administrative acts and the technical correctness of the measurements

• Because of a 100% documentation, a legal certainty, a public credence and a public belief the system is more than accepted.

• The decisions are mostly accepted

• The public belief is established.


Financial Scope

German Property Administration Estimated costs:2,5 billion €0.1% of the GDP

USA Title Insurance Costs:16 billion US $0.1% of the GDP for Title Insurance only!


Cases in court per year

Example from another European country with about 6.000.000 citizens more than 2000 cases in court due to an undeveloped cadastre

Germany with 82.500.000 citizenshas an estimated 100 cases in court



Thanks for listening

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Geómetra europeo - Caso de éxito: El Öffentlich Bestellte Vermessungsingenieure en Alemania

Education

clemens kiepke

havebdvi vice president

land registry cadastre

federal lawbdvi vice

engineering offices

engineering surveyings

land registry offices

cadastre surveyings