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

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Jornada gratuita "El Geómetra Europeo, garante de la seguridad jurídica sobre la delimitación de los bienes inmuebles"

Delegación Territorial de la Comunidad Valenciana y Murcia del Ilustre Colegio Oficial de Ingenieros Técnicos en Topografía

Jueves 5 de diciembre de 2013

Salón de Actos de la E.T.S.I. Geodésica, Cartográfica y Topográfica de la Universidad Politécnica de Valéncia

Tercera ponencia: Caso de éxito - El Öffentlich Bestellte Vermessungsingenieure en Alemania. Clemens Kiepke, Vicepresidente del Bund der Öffentlich Bestellten Vermessungsingenieure (BDVI)

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

  • 1. The publicly appointed surveying engineer as part of the cadastral system
  • 2. 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
  • 3. 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 3
  • 4. Some Facts about Germany 16 states Capital: Berlin Area 357.023 sqkm Inhabitants BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 82,5 mio.
  • 5. 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 6. 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 7. 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 8. The legal status of 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 9. The legal status of work • • • 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. BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 10. 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 11. Some examples of engineering surveyings BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 12. Overview of kinds of surveyings BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 12
  • 13. BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 13
  • 14. Höhenplan 14
  • 15. BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 16. BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 17. BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 18. 3D CAD BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia,
  • 19. Photogrammetric Rectification BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 20. 3 D Measurement and CAD BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 21. Weapon calibration BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 22. Valuation GUTACHTEN 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 23. Shipbuilding Industry BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 24. Electronic engine calibration BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 25. Satellite calibration BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 26. 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 27. Detection of Borders BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 28. Surveying new estates BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 28
  • 29. Easement plan BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 29
  • 30. Lageplan BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 31. Consolidation BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 31
  • 32. Land consolidation BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 33. Reallocation BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 33
  • 34. before - Streets and green areas before and after the reallocation BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 after -
  • 35. n d e s B e i s p i e lf a ll e s Development plan BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 35
  • 36. Data for development plans BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 37. 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 38. The publicly appointed surveyor status  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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 39. 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
  • 40. 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
  • 41. The publicly appointed surveyor 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 42. 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 43. 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.      BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 44. 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 45. 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. BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 46. 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 47. Which authorities are in charge of cadastre and land register?  The cadastral administration  The publicly appointed surveyor  The land registry BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 48. Current organization of surveying authorities (eg.) Ministry Law Control Swearing in of surveyors etc. Cadastre Administration Registration Sovereign surveying Publicly Appointed Surveyors Data Sovereign surveying Technical surveying etc. BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 49. Access to information Type of Data Owner registry (Data privacy) Citizen Public authorities Maps Publicly appointed surveyor BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 Surveying data (Data privacy) Surveying experts
  • 50. 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 51. Ownership protection BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 Cadastre Publicly appointed sur. Land registry Notary Owners Laws
  • 52. 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 53. Example of an old cadastral map BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 54. Cadastral map before 2000 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 54
  • 55. Example of a newer cadastral map about 2000 – 2011 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 56. Example of a new cadastral map after 2011 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 56
  • 57. Example of a new cadastral map BDVI Ing. Clemens Dipl. – Athens, March 2013 Dipl. –Vice President Kiepke,Ing. Clemens Kiepke, Valencia, December 2013 57
  • 58. Example of a cadastral owner register Owner: Mr. Example BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 58
  • 59. Ownership change Administrational Laws Real Estate Plot German Civil Code Land Register Act Building & Construction Laws Cadaster & Surveying Laws Technical Rules
  • 60. Land Register Quod non est in actis non est in mundo If 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 interest The Land Register has public credence The Land Register contains only the property rights – there is no spatial information BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 61. 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. BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 62. 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: BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 63. 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 BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 64. 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. BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 65. 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! BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 66. 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 citizens has an estimated 100 cases in court BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
  • 67. Thanks for listening ? BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013