Cadastral Template - Field Data B2

B. Institutional Framework

This page was last updated on 4 Jan. 2008
  B2. Private Sector Involvement  
 
  Description of the private sector involvement in land registration and cadastral surveying.
Country  
Argentina:

Regarding private sector involvement we must point out that parcel, division, unification, amalgamation, land consolidation and other cadastral operations, are carried out by private land surveyors and registered in the cadastral organizations.

Equivalent procedures are carried out by notaries, who carry out deeds, easements, mortgages and other documents regarding land.

Australia:

Most cadastral surveys are undertaken by the private sector. Qualification of a license or registration for surveyors (depending on the state) is required to perform cadastral surveys, however other surveys such as engineering surveys do not require this. Management of the geodetic network remains primarily a government responsibility, however updating and upgrading is often outsourced to the private sector.

Austria:

Notaries (private but licensed) are offering their service for transfer of ownership, inheritance, mortgages and others.

Surveyors (private but licensed) are offering their service for division of parcels and recovering boundary points.

Belgium:

Partner with the Notaries: The administration is also orientated towards collaboration with the Notaries. The Notary is the writer of the deed and it is logic that he makes also the analysis of the deed. So the updating of the juridical documentation respects the common intention of the parties. This reform has a cost and the Notaries have new responsibilities. This reform is in the moment examined bilaterally with the professional unions concerned, especially the computerized framework where the analysis of the act will be made.

Partner with the Surveyors: By now, a great number of private surveyors collaborate with the cadastre and this is under the way of an ...

Brunei:

Most cadastral surveys are ubdertaken by the government but Licence surveyors involvement in cadastral surveys are limited to subdivision (with 3 lots and above), revision sureveys and TOL surveys.

Qualification of a licence surveyors is required to pass an exam on cadastral surveys, planning issues and land administration set by Brunei Surveyors Board.

Cambodia:

Up to now there is no private sector in land registration and cadastral surveying. The involvement of private sector in land registration and cadastral surveying will start in year 2004, according to the multi-donor (World bank, Germany, Finland and Cambodia), Land Management and Administration Project. The project will provide support to the development of private surveying profession through training, capacity building and regulation for licensing. The project will train private surveyors and award them small contracts in the systematic registration work.

China:

There are about 6000 surveying and mapping institutions or enterprises in China, which are legally qualified in four grades. These professional institutions or enterprises of surveying and mapping must register in local administrative offices of surveying and mapping. For the time being, most of these institutions or enterprises of surveying and mapping are state-owned. Private enterprises are very few.

Cyprus:

The private sector is not involved in the official land or cadastral registration. The private sector can only be involved as consultants or advisors to a client in particular cases. Licensed surveyors, since 2.2.2007, can carry out cadastral surveys, which are submitted and approved by DLS. The private surveyors had a limited involvement in cadastral surveys, before the 2.2.2007.

Czech Republic:

The private sector is involved in maintaining the cadastre. Solely private surveyors prepare all subdivision plans for the cadastre and do all setting out boundaries (more than 100 thousand cases per year).

Denmark:

Cadastral surveying or surveying for legal purposes is the responsibility of licensed surveyors in private practice. There are about 100 private surveying firms employing about 300 surveyors in total. The cadastral work is controlled through very detailed regulations in the Cadastral Act. Next to cadastral work the private surveying firms carry out engineering surveys and mapping tasks, and offers consultancy on legal and managerial issues concerning land use and property rights.

Fiji:

Private surveyors on the other hand mostly carryout cadastral surveys of private freeholds and native lands. The survey of freehold land is normally done for registration in line with the Land Transfer Act, of sale of a parcel upon subdivision. The surveys of native land are done on behalf of the native Land Trust Board (the authority for administering native land on behalf of native Fijians) for the purpose of granting of registered native leases. Government may also, where it becomes more economical to do so, issue instructions to private surveyors to survey State land.

Finland:

The private sector is not involved with the registration or carrying out the cadastral surveys. The customers of subdivisions can however order technical activities (measurement and mapping) from private consultants and receive a reduction in the fee.

Germany:

In all states except Bavaria licensed surveyors are mandated to do the cadastral surveys. Notaries are involved in the legal part of the business authenticating all kinds of contracts associated with buying and selling of land, mortgages etc.

Hong Kong:

After the enactment of Land Survey Ordinance in 1996, Authorised Land Surveyors (private sector) takes up the bulk of cadastral surveying services which include the subdivision, re-definition old lot boundaries and setting out of boundary points. The Survey and Mapping Office accepts submission of boundary reports from Authorised Land Surveyor and Registered Professional Surveyor.

Hungary:

Cadastral survey for legal purpose and preparing survey documents of changes in cadastral map data is the licensed surveyor responsibility. There are 1700 licensed surveyors. Many of them run private business others are employed by bigger survey firms producing new digital cadastral maps, which are checked and certified by Land Offices.

In the legal part lawyers, notaries responsible to prepare and counter sign deeds, legal documents of ownership changes and other documents for transactions related to land and real estate properties.

India:

Most of the cadastral surveys in India are undertaken by the state government department. The private sectors are now being involved for generating GIS and LIS for better management of land resources.

Indonesia:

Most of cadastral surveys are undertaken by the government surveyors within the BPN. Since the introduction of Government Regulation NO. 24 Year 1997, the role of private surveyors have been taken part, both the Surveying and Mapping Companies and the Licensed Surveyors. The Land Deeds Officials (PPAT) has also taken parts on the land registration processes.

Israel:

The land administration practice in Israel involves both the private and the governmental sectors. Although the part of the governmental authorities is relatively dominant, there is a growing trend of deeper involvement of the private resources in the process. This tendency is based on different background and motivations, some derived from ideologies and some based on economic considerations.

Private licensed surveyors are deeply involved in the cadastral activity. One of their most important tasks is the preparation of the Mutation Plans of changes in the cadastre. The private sector (which counts some 830 active licensed surveyors) carries out a great variety of tasks in engineering and cadastral surveying, in data acquisition for mapping and GIS, in mapping itself, in management and coordination of housing projects, and is growing ...

Iran:

Most cadastral surveys are undertaken by the private sector. Qualification of a license or registration for surveying firms is required to perform cadastral surveys, and accredit by Management & Planning Organization, same as the other surveys such as engineering surveys. Management of the geodetic network and the other fundamental activities remains primarily a government responsibility, however updating and upgrading is not often the responsibilty of the private sectors.

Japan:

Most cadastral surveys are undertaken by the private sector. Only the Parcel Investigation is undertaken by the municipality.

Jordan:

The licensed surveyors (private surveyors) are involved mainly in cadastral surveying transactions like parcel subdivision, unification, boundary reestablishment etc. There is no significant involvement of the private sector in land registration aspects.

Kiribati:

In Kiribati no private survey practice has been established. All cadastral surveys and establishment of control networks were carried out by Government surveyors.

Korea (Rep. of):

All cadastral surveys are carried out by KCSC. Therefore, it is not permitted for other surveyors including geodetic surveyors to do cadastral surveying. Regarding to national control points, both geodetic control points of "Ministry of Construction & Transport" (MOCT) and cadastral control points are used. Cadastral research in private sector is not so activated and mostly related to academic activities.

Latvia:

Private sector is involved in performance of several functions related to real property registration and cadastral surveying.

Cadastral surveying of land can be carried out by State Limited Company "Latvia State Surveyor" and by licensed legal entities and certified natural persons. SLS furnishes necessary information to private surveyors from National Real Estate Cadastre Register.

Work done by private surveyors is subject to certain control. Control for activities of licensed legal persons is performed by Licensing Commission of SLS in cooperation with Latvian Society of Surveyors (LSS), activities of certified surveyors is supervised and examined by Certification Commission of LSS.

From private sector also notaries are involved in the registration of real property. They prepare application for registration of real property and corroboration of right related to it in Land Register, compile different documents connected with change of ownership and confirm authenticity of other documents.

Lithuania:

The private sector represented by the licensed surveyors in private practice is involved in the cadastral surveying of land and buildings. Private surveying companies are also engaged in the topographic, geodetic, designing and etc. licensed activities. Requirements for the private surveyors are set forth by the licensing regulations, also the order on cadastral surveying of real property objects.

Macao:

Land registration and cadastral surveying are the government's exclusive responsibilities.

Malaysia:

A substantial portion of cadastral surveys (roughly about 80%) are undertaken by the private land surveying firms. However, their work will have to be submitted to the Department of Survey and Mapping for checks and approval. With some exceptions, all of the engineering surveys are conducted by the private sector. Additionally, a major part of the task of creating the Digital Cadastral Database for the whole of Peninsular Malaysia, as well as some cadastral survey tasks assigned to DSMM has been outsourced to the said sector as well.

Mexico:
(en espanol)

The Law only confers this responsibility to the State, that is, through its multiple governmental organisms the State is in charge of the property record tasks, and of cadastral record, by means of institutes and/or organisms of the municipalities which take care of the property record and of conceding the titularity of itself.

The private sector companies are important elements and support for the development and dynamics of the cadastral activity within the cadastre system in the national territory.

Namibia:

These include qualified and registered private practicing professional land surveyors on the surveying side and registered attorneys qualified to carry out conveyancing activities. Land surveyors submit the survey documents to the Surveyor-General for examination and approval. The conveyancers thereafter lodge the approved survey documents and registration documents to the Registrar of Deeds for registration.

The number of practicing professional surveyors as well as conveyancers is small and almost all of them are located in the capital.

Nepal:

Private Sector such as consulting firms, sometimes, perform cadastral mapping, however, the documents has to legalize after checking and inspection from the Survey Department. So the private firms feel that it is not an easy approach and they are not motivated in this field.

Netherlands:

In the Netherlands a system of licensed private surveyors mandated to do the cadastral survey, does not exist. All boundary surveys are performed by land surveyors employed by the Agency. As such there is no involvement of the private sector. However the private sector plays a role in the sense of being contracted to do specific jobs under the supervision and responsibility of the Agency. This counts for some tens of millions $ a year. There exists a lively private sector, comprising many firms working on a commercial basis.

New Zealand :

Virtually all cadastral surveys are carried out by the private sector, usually in conjunction with the associated land development and subdivisional process.

Geodetic surveys are carried out by private contractors under contract to the Surveyor-General.

Norway : The Land Subdivision Act states that the municipalities have monopoly on registration of parcels, including demarcation and surveying. Surveyors are employed by most all municipalities. Most municipalities have established a separate surveying unit which then acts as the land registration authority. However it is possible for the municipalities to outsource some of the practical work with field survey and production of documents. Less than 3% of cadastral surveys are currently done by private surveyors.
Philippines:

The Cadastral Survey Projects in its earlier years were executed solely by the Bureau of Lands surveyors. However, with the passage of Act 2989 which allowed private surveyors to undertake cadastral projects upon assignment by the Bureau of Lands, cadastral survey program was accelerated. The law was amended by Act 3327 which authorized private cadastral surveyors to negotiate cadastral surveys with the local government units concerned but with the technical supervision being provided for by the Bureau of Lands.

South Africa :

These include qualified and registered private practising professional land surveyors on the surveying side and registered attorneys qualified to carry out conveyancing (registration) activities. All cadastral surveys and conveyancing is done by the private sector. The land surveyors submit their documents to the Surveyors-General for examination and approval, after which the conveyancers lodge the approved survey documents to the respective Registrars of Deeds for registration.

Sri Lanka:

Presently the cadastral surveys for private lands (except the areas declared under the New Act) are done by the Private Licensed Surveyors. There are about 890 Private Licensed Surveyors handling cadastral surveys in the private sector and the records pertaining to the plans produced by them are kept with the individual surveyors who prepared them. Hence, any subsequent copies have to be obtained from them. According to the new act, the Surveyor General shall be responsible for the preparation and maintenance of all cadastral maps to cover the entirety of Sri Lanka progressively for the purposes of the Registration of Title Act, and for the purposes of any other law. A cadastral surveys for the purpose of ...

Sweden:

The private sector is not involved in the official land or cadastral registration, nor in cadastral surveying. The private sector can only be involved as consultants or advisors to a client in particular cases.

Switzerland:

The private sector carries out 80-90% of the total work within cadastral surveying. The involvement of the private sector is a normal practice since the establishment of the cadastral system in the early 1900's. This proved to be beneficial over the past decades and has further been confirmed over the last few years with the general trend of new public management demanding higher cost awareness and flexible market deregulations.

The private sector is commissioned with projects - through a tendering process - for data acquisition, upgrading, and updating. There is a long established and accepted system, through which the private sector is mandated with data updating and maintenance procedures. As such ...

Tanzania:

Public offices do all Land Registration processes in Tanzania. The process of land registration begins in the District/Urban Council Land Offices from where applications for land surveys, allocations and registrations are lodged; the records/documents compiled and sent to Zonal Land Registries for further processing. The registration process is finalized at the Central Registry office in Dar es Salaam. There are six zonal offices distributed in various centers (Dar es Salaam, Dodoma, Mbeya, Moshi, Mtwara and Mwanza) in Tanzania.

Both Government and Private Licensed Surveyors do cadastral Surveys in the country. Preparation of deed plans needed for title registration is prepared at District/Urban Council Land Offices and at the Surveys and Mapping Division in Dar es Salaam.

Turkey:

There is no private sector involvement in land registration and in first cadastral surveying works. However, private sector can involve in some land parcel based works (local subdivision, land readjustment, consolidation, etc) after the first cadastral surveying only.

Uzbekistan: Mainly, cadastral surveys are produced by the state cadastral services. At the same time legislation allows realisation of geodetic, cartographic and cadastral works by private juridical and physical persons. The main private sector is in the property valuation area. Real property rights registration and conducting of cadastre are only realised by state agencies. As a whole, there is tendency in the country to widening of private sector participation in cadastral works.
Venezuela: La empresa privada participa generalmente en el proceso de formación catastral, a solicitud de los municipios, bajo la modalidad de contrato para la ejecución de proyectos de diversos alcances.