Regulation. Deregulation

Similar documents
Surveyors Qualifications

The Digital Cadastral Database and the Role of the Private Licensed Surveyors in Denmark

Transparent Cadastral System in Both a Private and a Public Task Performance.

CLGE Working for a Profession

PCC Conference and Plenary Meeting "Data as a basis of the digital society March 2018, Sofia. Activity of the geodetic NGOs in Bulgaria

Supporting Capacity Development for Sustainable Land Administration Infrastructures

The Society of Chartered Surveyors Ireland - enhancing, advancing and enforcing professional standards in construction, land and property.

The Influence of EU Regulation and European Valuation Standards on Real Estate Valuation

Cadastral Template 2003

The Profession between Cadastre and Citizen

Securing Land Rights for Broadband Land Acquisition for Utilities in Sweden

Possible integration of Information via a system of KEY REGISTERS. IMOLA PROJECT WS 1-2nd Seminar Athens, 6th October 2014

Scenic Nepal. Land Administration Systems. Outline of Presentation. Interests in land. Rights: Registration and security of tenure positions

APARTMENT OWNERSHIP UNDER THE MULTI- UNIT DEVELOPMENTS (MUD) ACT 2011 AN OVERVIEW

Regulated and non-regulated professions in the Netherlands. Jennefer Baarn Head of Unit Competitiveness and Internal Market

Fit-For-Purpose what is it?

CLGE Working for a Profession

Arbon House, 6 Tournament Court, Edgehill Drive, Warwick CV34 6LG T F

Building Integrated Land Information Systems and Development of NSDI

Land Management and Development

UNECE workshop on: Cadastral and real estate registration systems: Economic information for real estate markets in the UNECE region

THINKING OUTSIDE THE TRIANGLE TAKING ADVANTAGE OF MODERN LAND MARKETS. Ian Williamson

Cadastre A Vision on Future Cadastral Systems

Boundary Disputes. Geomatics Client Guides. A clear impartial guide to... Check. They re Chartered.

Mandatory use of notaries becoming unnecessary?

Coastal Zone Management Land Administration Capacity Building

Understanding the Land Management Paradigm

Lessons for federated countries that have state land registries the Australian experience

Support to Implementation of Multipurpose Cadastral Information system in Vietnam

Arbon House, 6 Tournament Court, Edgehill Drive, Warwick CV34 6LG T F

Surveying in Austria. Congress Maanmittauspäivät Seinäjoki, 20 th March 2014

Hungary is a landlocked, Central European country in the Carpathian Basin

Cadastral Development in Norway and Need for Improvements

The Danish Digital Cadastral Map A Tool for Land Management

Key Registers in Finland and some views of Cadastre 2035

REFORM OF LAND CADASTRE IN LITHUANIA

Public private collaboration model in the cadastral workflow in Denmark

ASSESSMENT OF CONSEQUENCES RESULTING FROM ABOLISHING THE OBSTACLES ON LAND TRANSACTIONS 1 SUMMARY

Cadastre and Other Public Registers: Multipurpose Cadastre or Distributed Land Information System?

Country presentation: Land consolidation in Denmark

The Fit- for-purpose Concept

CLGE Working for a Profession

The Croatian Surveyor Guaranteeing Land Property

Between Spatial Data Management

PROJECT INFORMATION DOCUMENT (PID) CONCEPT STAGE Report No.: AB3229 Project Name. Land Registry and Cadastre Modernization Project Region

Annual Meeting 2006 SLOVENIA, BLED RASAS GOFMANAS JAUNIUS GRIGAS RIMANTAS RAMANAUSKAS KESTUTIS TRECIOKAS

Continuing Professional Development Policy Royal Australian Institute of Architects February 2007

The Cadastre of Public-law Restrictions on Landownership in Switzerland

An Update on the Activities of The Appraisal Foundation

ABSTRACT Land Administration System in Lithuania

Country Report SWITZERLAND

From Measurement to Management

Agenda. Introduction to participants First Meeting UN-GGIM - GROUP OF EXPERTS ON LAND ADMINISTRATION AND MANAGEMENT UN-GE-LAM

Land Distribution in Cambodia

Digitalisation of the Real Property Rights Towards Spatially enabled E-Government

Minimum Educational Requirements

Greetings from Denmark. Property Rights, Restrictions and Responsibilities - A Global Land Management Perspective. Wonderful Copenhagen

HOUSING AND PROPERTY MARKET IN LITHUANIA CONTENTS

Land surveying is probably the (second) oldest profession in the world

Difficulties in Creating a Notice filing System for Immovable Property

Establishment of a land market in Ukraine: current state and prospects

Canadian Generally Accepted Land Sur veying Principles

Informal Intergovernmental Relations in Land Administration Systems

Membership Application for a Member Association

KHANALIBAYLI UNECE WPLA

Importance of Spatial Data Infrastructure in the UNECE Region. Amie Figueiredo INSPIRE Conference 2016 Barcelona, 26 September 2016

WHERE S THE LINE. Surveyors, Lawyers and The Land Registration Act

Professional Valuation and Massey qualifications. An overview for Quantity Surveyors and Valuers

Agenda 25 June 2009 EXTRAORDINARY GENERAL ASSEMBLY GEOMETER EUROPAS asbl

ISSUE 1 Fourth Quarter, REALTORS Commercial Alliance Series HOT TOPICS ANSWERS TO CURRENT BUSINESS ISSUES TENANTS-IN-COMMON INTERESTS

EU Urban Agenda Housing Partnership

Rethinking Infrastructure within Denmark s Real Property Data Reform

Flying high and Keeping the feet on the ground

People, Politics and Places - responding to the Millennium Development Goals

Presentation of CLGE

EVS Wolfgang Kaelberer, Hon REV. Global Valuation Opportunities and Challenges: European Valuation Standards

Underpinning Sustainable Land Administration Systems for Managing the Urban and Rural Environment

Membership Application for a Member Association

Ownership Data in Cadastral Information System of Sofia (CIS Sofia) from the Available Cadastral Map

PROBLEMS IN REGISTRATION IN THE THIRD VERTICAL DIMENSION IN THE UNIFIED LAND REGISTRY IN HUNGARY, AND POSSIBLE SOLUTION

LAUNCH OF CADASTRAL TEMPLATE 2.0

The Bathurst Declaration on Land Administration for Sustainable Development

Welcome Session warm welcome by BEV, celebrating 200 years of the Austrian cadastre CVC2017 supported by 7 organizations: WPLA EuroGeographics PCC EUL

Advancing global standards in land, property and construction. rics.org

Land and Geographic Information, an Important Part of the Infrastructure in Sweden

D DAVID PUBLISHING. Mass Valuation and the Implementation Necessity of GIS (Geographic Information System) in Albania

Land and House Investigators Who Support Cadastre in Japan. Land and House Investigator Masatake NANJYO

Professional Education and Training in Real Estate Sector in Russia and Eastern Europe

Presented at the FIG Working Week 2016, May 2-6, 2016 in Christchurch, New Zealand

Participants of the Ministerial Meeting on Housing and Land Management on 8 October 2013 in Geneva

Ласкаво просимо! Welcome!

Boundary Determination in Land Titles Ordinance. Dr Conrad Tang Boundary Advisory Committee Hong Kong Institute of Surveyors

The Necessity for Interdisciplinary Cooperation as a Part of FIG Activity

(No ) (Approved December 29, 2009) AN ACT

Amie Figueiredo WPLA Secretariat Wednesday, 16 October 2014 Vienna, Raiffeisen Forum

The Swiss case: 100 years of PPP. Maurice Barbieri, President CLGE On behalf of IGS

Support to Implementation of Multipurpose Cadastral Information system in Vietnam

Impact of New Public Management and Public Governance on municipal real estate management in Poland

National Technical University of Athens School of Rural and Surveying Engineering

Land Administration In Public Private Partnerships

Transcription:

Regulation of liberal property surveyors profession vs. Deregulation requirements for growth and competition - - - - Henning Elmstrøm President: The Danish Association of Chartered Surveyors (DdL) Torben Juulsager President: The Danish Association of Licensed Surveyors (PLF) 1 0. Agenda 1. Introduction 2. The European initiatives 4. Final remarks opinons 2 FIG Working Week 2015 1

1. Introduction 1.1 Key question Regulation vs. deregulation - Is it possible to combine the two societal requirements 1) regulation safeguarding legal certainty and consumer protection and 2) deregulation requirements for creating growth and competition in a cadastral process carried out in a business model around a private practicing surveyor? 3 1. Introduction 1.2 Cadastral systems The foundation for land administration - Societal impact economic, social and environmental (Enemark 2004) 4 FIG Working Week 2015 2

1. Introduction 1.2 Cadastral systems A need for regulation selfregulation - Task performance basic requirements: Fit for tasks - Trustworthy - Transparency - Professionalism = Sustainability - Legal certainty - Consumer protection Why? It s all about people and human relations! 5 2. European initiatives 2.1 European Union COM(2013)676 Issue - Regulatory framework for professional services remains fit for purpose Requirement - Remove barriers on access to professions Actions - Review and modernizing regulations on access to professions or professional titles Purposes - Stimulate employment creation and economic growth 6 FIG Working Week 2015 3

2. European initiativs 2.2 European Union A regulated profession Definition - A profession where access to the professional activities or the use of a professional title is subject to legislative or administrative controls to ensure that the professional possesses specific and sufficient professional qualifications Liberal property surveyor - A regulated profession due to task performance with public authority on societal infrastructure managing property rights and authoritative legal and spatial basic data 7 2. European initiativs 2.3 CLGE Code of professional qualifications Professional qualifications and prerequisites - Topics - Education - Practice - Approval - Continuing professional development (CPD) - Purposes - Possession on specific and sufficient professional qualifications = Consumer protection 8 FIG Working Week 2015 4

2. European initiativs 2.3 CLGE Code of professional qualifications Professional business and disciplinary requirements - Topics - Appointment - Insurance - Penalty board - Quality control body - Ethical code - Purposes - A responsible and professional business model based on high ethical principles = Legal certainty and consumer protection 9 3.1 The cadastral system Characteristics of the Danish cadastral system - Public-private cooperation model the Danish Geodata Agency and the practicing chartered surveyors - Multipurpose legal cadastre = Property register and authoritative basic data (free access and free use) - Subdivison control legality af property change and land use - Consideration for third parties rigtsholders protection - One united cadastral sector authority and profession body - Personal responsibility performing cadastral work - Impartiality performing cadastral work - Transparency, legal certainty, consumer protection = Sustainability 10 FIG Working Week 2015 5

3.2 Role of the surveyor in the cadastral proces 11 3.3 Regulation Constitutional regulation - Topics - Public-private cadastral model - Sole purpose - Personal responsibility - Ownership regulations - Management regulations - Impartiality - Purposes - Legal certainty and consumer protection = Sustainability 12 FIG Working Week 2015 6

3.3 Regulation Professional qualifications and prerequisites - Topics - Academic education bachelor (3) + master (2) - Professional practice 3 years - License approval to conduct cadastral work - CPD recommendation 37 hours per year - Purposes - Possession on specific and sufficient professional qualifications = Consumer protection 13 3.3 Regulation Professional business and disciplinary requirements - Topics - Insurance personal professional indemnity - State board of appeal Professional and conduct claims - Disciplinary committee DdL professional claims - Remuneration committee PLF fee claims - Ethical code code of conduct for surveyors practice - Purposes - A consistent appeal system and the development of good surveyors practice = Legal certainty and consumer protection 14 FIG Working Week 2015 7

3.4 Growth Initiative no. 49 Problem - Current ownership restrictions limit access to the profession, which can potentially limit the competition in the area Purpose - Create growth by ensuring competition and remove unnecessary barriers and burdens. - Less administrative burdens, increasing productivity and competition = lower prices Action - Launching a study of ownership restrictions for chartered surveying companies 15 3.4 Growth Initiative no. 49 Concrete proposals new rules - Abolishing of sole purpose requirements - Abolishing of ownership and management restrictions for chartered surveying companies - Abolishing personal responsibility - Business management will be held responsible for the performance of cadastral work - Notification duty and approval of quality procedures for companies who wants to perform cadastral work - Risk based control on companies performing cadastral work 16 FIG Working Week 2015 8

3.4 Growth Initiative no. 49 Directly consequenses - Anyone can buy and operate a chartered surveying company - Responsibility for the performance of cadastral work is not anchored in company management - More administrative burdens on the authority and companies - Increased public control task 17 3.4 Growth Initiative no. 49 Direct derived risks - The economic independence of surveying companies weakens - There may be doubts about the surveyor companies impartiality and representation of interests - Consumers will find it more difficult to assess the quality of a surveyor performance - The link between performance and professional identity loses some of its importance - Surveyor's professional integrity weakens 18 FIG Working Week 2015 9

3.4 Growth Initiative no. 49 Possible threats - Less competition - Coherence in the cadastral sector disappears - Difficult to maintain a uniform code of conduct for surveyors practice and thus a high professional level - A single business professional representation of interests and development of the cadastral area at risk of disappearing 19 4. Final remarks - opinion 4.1 PLF opinion Opinion 1 - The premises for Growth Initiative no. 49 are wrong and promoting growth initiative no. 49 can weaken both legal certainty and consumer protection - no administrative burdens - productivity depends on societal economic conditions - competition is intact 75 percent of cadastral works is settled on a completion proven price 20 FIG Working Week 2015 10

4. Final remarks - opinion 4.1 PLF opinion Opinion 2 - A prerequisite for the legal certainty of the total property formation process are "citizens" access to independent surveyors free of special interests that are the surveying company irrelevant, and as only handles ownership and boundary interests for the benefit of the whole community 21 4. Final remarks - opinion 4.1 PLF opinion Answer of the key question: - Putting liberalization higher than legal certainty and consumer protection at an economical infrastructure task (cadastral work) relating to property, property formation and property registration - this is a challenge for legal certainty and consumers protection. 22 FIG Working Week 2015 11

Thank You for Your attention 23 FIG Working Week 2015 12