Subdivision without meeting with interested parties (Sweden)

Transcription

1 Subdivision without meeting with interested parties (Sweden) Gunnar Ersbo Business developer and national border comissioner Lantmäteriet, the Swedish mapping, cadastral and land registration authority Helsingfors, 21 March 2018

2 Basics legislation The Real Property Formation Act (Fastighetsbildningslagen, FBL) from 1972 states that the cadastral authority should hold a meeting with the interested parties (chapter 4, section 14). However, the act contains an exception from that main rule, for cadastral procedures without conflicting interests or obstacles against the requested property formation. Examples of cadastral matters where meetings with the interested parties could be redundant: - subdivion within an area with a detailed development plan - subdivion with just one owner involved - subdivision based on a clear land transfer document or purchase deed.

3 Basics implementation Cadastral procedures without meetings with interested parties are usually applied when cadastral surveyors judge the risk of misunderstandings to be very small. Most subdivisons in Sweden are uncomplicated and based on proper documentation, so the cadastral authorities hold very few meetings in such procedures. In addition, the Swedish cadastral surveyors (at least of Lantmäteriet, the State cadastral authority) seldom take part in the field work. Cadastral technicians (2-3 years of univ./college education) normally handle the field work including discussions with stakeholders. They also handle basic claims, e.g. need for easments, made by interested parties during the fieldwork.

4 Cadastral procedure where and by whom? 1 State Cadastral Authority (Lantmäteriet) 2 regions ~50 local offices 39 Municipal Cadastral Authorities

5 Detailed development plan (detaljplan)

6 Enlargement

7 Subdivision in accordance with a detailed development plan The design of the new property unit is fixed in the detailed development plan Clear boundaries between s:2, 2:44 and 2:36 The new property unit has access to road, water and sewage system by easements

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9 Subdivision around existing buildings Clear agreement between the stakeholders Already established plot No other property units or joint property units involved Easment for jetties (A and B) and boatkeeping (C) Share in joint facility ga:44 (road) is distributed from 5:14 to 5:105

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11 Overview (index map)

12 Subdivision of a whole parcel of a property unit One parcel of 18 hectares No new boundaries No change in land use The new property unit takes over all shares in the joint facility ga:3 (road) The remaining two parcels of 1:6 become a suitable forestry property unit of 130 hectares

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14 Advantages of not holding meetings The handling of the cadastral procedure becomes more rapid, due to no delays for formal notifications (summons by letter). The interested parties do not have to attend a meeting, saving time and costs (lost income from work, travel expenses). Greater freedom for the land surveyor to plan her/his work.

15 Disadvantages of not holding meetings If the interested parties are inexperienced the handling process will become less effective, due to more telephone calls, s and letters to respond to. Sequel questions that appear during the procedure can make a meeting necessary. The land surveyor has not a full picture of the conditions on site. (Digital photos taken by the cadastral technicians can serve as guidance but not be complete subsitutes.)

16 Meeting with interested parties Depending on the complexity of the subdivision, the land surveyor decides if there is a need for a meeting. A written notification for such a meeting is sent to all interested parties by post at least 2 weeks in advance. Normally the notifications will be sent 3-4 weeks in advance. Since 2014 it is possible to hold meetings online, either by video or by telephone. All interested parties get a copy of the final cadastral documents by post or , with additional information about how to appeal to the Land and Environment Court. The interested parties can follow the handling steps of the procedure on Lantmäteriet s website, using a personal login. Documents are continuosly being published there during the procedure.

17 More effective handling of subdivisions without meetings? Lantmäteriet has no statistics for subdivisions without meetings, and no proper evaluation has been made. A MSc thesis from 2008 looked into this issue. The conclusion was to recommened that meetings should be used more often. In their material meetings where hold in 10% of the subdivisions. Appeals to court could most likely have been avoided in some of the cases in which deals where made in court.

18 Real Property Formation Act Chapter 4, Section 14 In the course of cadastral procedure, the cadastral authority shall hold a meeting of the interested parties. No meeting is needed if there are no conflicts of interest between interested parties and there is no impediment to the property formation applied for. Nor is a meeting necessary if an application is to be rejected or if it is obvious that the property formation cannot be allowed. At the meeting, the cadastral authority shall give an account of the application and elucidate the implications of measures taken and planned. Interested parties and any other person who, by special provision, is to be notified of the meeting shall be given an opportunity of speaking and presenting investigation material in matters dealt with at the meeting. The meeting shall be held at or adjacent to the property unit or units concerned, if it cannot conveniently be held elsewhere. Interested parties and other who are to participate in the meeting may do so by means of sound transmission or sound and picture transmission on the same conditions that apply in chapter 5 section 10 of The Swedish Code of Judicial Procedure.

19 Change of the organisation of work In consequence of the shortage of land surveyors at Lantmäteriet, the staff are now to work in teams. The land surveyors will concentrate on the decision-making parts of the cadastral procedure, while the other parts of the procedure will be carried out by colleagues with various competences.