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

The publicly appointed surveying
engineer as part of the cadastral
system

Introduction

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•

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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


3

Some Facts about Germany

16 states
Capital: Berlin
Area

357.023 sqkm

Inhabitants


82,5 mio.

Some facts about Germany

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

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Engineering work and engineering surveyings are not
regulated.

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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

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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



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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



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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

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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

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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


12


13

3D CAD

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

Photogrammetric Rectification


3 D Measurement and CAD


Weapon calibration


Valuation
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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


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Easement plan


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Lageplan


Consolidation


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Land consolidation


Reallocation


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before

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Streets and green areas before and after the reallocation


after

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n
d
e
s
B
e
i
s
p
i
e
lf
a
ll
e
s

Development plan


35

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 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


Requirements publicly appointed
surveying engineers (mainly)
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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

The publicly appointed
surveyor
amount of work
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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

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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.
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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

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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:
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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 publicly appointed surveyor
 The land registry


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.


Access to information
Type of Data
Owner registry
(Data privacy)

Citizen

Public
authorities

Maps

Publicly
appointed
surveyor


Surveying data
(Data privacy)

Surveying
experts

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


Cadastre

Publicly appointed sur.

Land registry

Notary

Owners

Laws

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


54

Example of a newer cadastral map
about 2000 – 2011


Example of a new cadastral map
after 2011


56

Example of a new cadastral map

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

57

Example of a cadastral owner
register

Owner: Mr. Example


58

Ownership change
Administrational
Laws

Real
Estate
Plot

German
Civil Code

Land Register
Act
Building &
Construction
Laws
Cadaster &
Surveying Laws
Technical
Rules

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


Documentation of Real Estate
Property
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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
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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

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

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

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


Conclusion

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

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

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The decisions are mostly accepted

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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 citizens
has an estimated 100 cases in court


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

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