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Noncommercial Partnership “Self-Managing Enterprise of Cadastral Engineers Activities” (Cadastral Engineers NP) Marina Petrushina, Vladimir Tikhonov Moscow, Russia 1 General information (1) The total area of the country– 17,000,000 sq. km The distribution by land categories : forest lands– 65 % (owned by the State in conformity with the law); agricultural lands – 23 %; reserved public lands – 6 %; protected areas - 2 %; water management areas – 2 %; settlement areas – 1 %; lands for industries and other uses – 1% Privatised lands – 8 % of the total area 2 General information (2) Appr. 45,000,000 land parcels have been registered in cadastre in Russia In 2008 (Jan.-Oct.): 2,260,951 land parcels were registered changes were recorded for 18,333,239 land parcels 3 Stages of recording real estates 1992-2004 – The Land Committee: records of land parcels only. – The Technical Inventory: separate records of buildings and structures. Since 2004 – The Federal Agency for Real Estate Cadastre (Rosnedvizhimost): combined records of land parcels, buildings and structures. Until 1.03.2009 Records of real estates were performed in different institutions: Step 1 – land formation (private land surveyors) Step 2 – property records in cadastre (Rosnedvizhimost) Step 3 – registration of ownership in the Rights Register (Registration Service) After 1.03.2009 According to the Presidential Decree, a united body was established – the Federal Service for State Registration, Cadastre and Mapping (Rosreestr) 4 Federal Law “On State Property Cadastre” No. 221-FZ (24.07.2007) The Law introduced the following terms: a cadastral engineer the self-regulation of cadastral business 5 A cadastral engineer 1. A cadastral engineer is a natural person having an effective qualification certificate that entitles to perform cadastral works. 2. Cadastral works mean the preparation of documents containing property-related information required for state cadastral registration. Requirements to a cadastral engineer 1. Russian Federation citizenship. 2. Higher education. 3. The absence of uncancelled conviction. 6 Certification of a cadastral engineer 1. A qualifying examination to be passed before a regional qualification commission. 2. A certificate and a seal to be taken. 3. Recording by a cadastral authority in the register of cadastral engineers. 7 Organisational forms of activity of cadastral engineers 1. As an individual trader. 2. As an employer in a corporate body. 3. A cadastral engineer can voluntarily be a member of a self-regulating organisation. 8 Function allocation between cadastral engineers and cadastral authorities A cadastral engineer performs the following: the consultation of land owners, technical measurements, the determination of parcel boundaries, the preparation/checking of land documents, the determination of land use restrictions, the preparation of cadastral passports of buildings, structures, premises and carry-over construction objects. A cadastral authority receives and enters updated cadastral information in the cadastral register. 9 A self-regulating organisation (SRO) in the field of cadastre Cadastral engineers can voluntarily form noncommercial partnerships in order to provide conditions for their professional activity and development 10 Requirements to SROs The availability of rules and standards, adherence control. Organisational legal form: a noncommercial partnership. Membership: legal persons – not less than 25 bodies, natural persons (individual traders) – not less than 100. The availability of supplementary property accountability – indemnification fund and/or voluntary professional liability insurance. The existence of special units – departments controlling activities of SRO members; scheduled and unscheduled inspections. 11 Rights of a SRO operating in the field of cadastre A SRO is entitled: 1. to defend its members’ legitimate interests concerning their relations with authorities; 2. to lay down implementation rules for cadastral activities of its members, conduct rules, rules of business and professional ethics; 3. to control activities of its members; 4. to receive information from a cadastral authority about results of activities of its members; 5. to settle claims on actions of its members; 6. to take appropriate sanctions against its members. 12 SROs in the field of cadastre in Russia Cadastral Engineers NP 353 members (unites about 25,000 professionals) Federative Union of Real Estate Surveyors of Russia Ural Regional Union of Land Surveyors UralSibKadastr etc. 90 44 38 “ “ “ There is no umbrella association acting for the whole community of cadastral engineers (it is not envisaged by law) 13 Cadastral Engineers NP is the largest SRO operating in the field of cadastre in Russia It is an only professional association of cadastral engineers meeting all requirements to SROs. In 2006 the Agreement of Cooperation with Rosnedvizhimost was signed confirming this fact. 14 Locations of regional units of Cadastral Engineers NP 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Archangelsk Region Primorsky Kray Tver Region Central Chernozem Area Krasnoyarsk Kray Ulyanovsk Region Novosibirsk Region Murmansk Region Kaliningrad Region Rostov Region Chuvash Republic Volgograd Region Stavropol Kray Yaroslavl Region 15 Membership of Cadastral Engineers NP by federal okrugs (10.06.2008 г.) 16 Main tasks of the Partnership The development of a strong professional SRO. The assurance of quality of cadastral engineers’ work. The membership in Cadastral Engineers NP must be a high-quality mark in the market of cadastral works. The introduction of international standards in cadastral business must be the basis for the profession. The code of ethics must be the basis for actions of cadastral engineers. Professional education must be based on international education standards. Continuous professional development must guarantee professionalism in services for citizens and the society. Young specialists are the future of the cadastral profession. The best cadastral engineers of Russia are the gold fund of the profession. Good regional policy is the keystone of cadastral 17 profession unity. Major companies entered in 2008 Goszemkadastrsyomka-VISHAGI (with 13 branches and 14,000 employees) Yaroslavl Cadastral Centre Meridian+ (an aerogeodetic enterprise with 8 branches) VISHAGI-TSENTR-Geoinform Giprozem (Krasnoyarsk) PrimorTISIZ (Vladivostok) Giprozem (Saransk) 18 Priorities of the Partnership in the near future For the successful implementation of the stated aims, the Partnership is ready in collaboration with federal executive bodies and the State Duma of the Russian Federation: to work on the stronger system development of the institution of cadastral engineers’ self-regulation in Russia; to reveal excessive functions of executive bodies and prepare them for transfer to professional SROs; to initiate the drafting of amendments to the Federal Law “On State Land Cadastre” in order to introduce the obligatory self-regulation of activities of cadastral engineers; to participate in the development of necessary legal framework at the stage of establishing the institution of SROs in the field of cadastre in Russia. 19 Cadastral business needs self-regulation and support to this process from the State. Main supporting measures stimulating the active development of cadastral engineers’ self-regulation are: the determination of a mechanism for the transfer of State functions to the ‘self-regulators’; the establishment of good norms for SRO establishment, registration and control. 20 Cadastral Engineers NP set itself a mission to introduce international standards of cadastral business, ethical rules and professional education standards. In this context, it is expected to extend international links and maintain close work contacts with professional organisations of CIS countries, Europe and the world. 21 Cadastral Engineers NP aspires to take a reputable position amongst leading European professional associations 22 Thank you for attention! Tel.: (+7 499) 518 9319, (+7 499) 518 9320 www.roscadastre.ru e-mail: [email protected] 23