The various aspects of information concerning real estates in Poland Jarosław BYDŁOSZ, Paweł HANUS, Piotr PARZYCH, Poland Department of Geomatics Faculty of Mining Surveying and Environmental Engineering Joint FIG Commission 3 and Commission 7 Workshop Sofia, Bulgaria, November 2010

2 SYSTEMS CONTAINING INFORMATION ON REAL ESTATES IN POLAND There are two systems containing information on real estates in Poland: the cadastre for grounds and buildings (ground and building cadastre), the land register.

3 The cadastre for grounds and buildings The cadastre for grounds and buildings data are mainly objects spatial description, cadastral objects attributes, values and corresponding official documents. The ground and building cadastre objects are cadastral parcels and buildings or flats being separately owned estates. The most common cadastral objects are land parcels. The ground and building cadastre is managed by the local authorities at the district (powiat) level.

4 The land register The land register in Poland captures, keeps and reveals information concerning legal objects (real estates). This information generally concerns description and designation, rights, rights established for somebody else thing and receivables (including mortgage). Data concerning description (parcel number, area and boundaries) are taken from the cadastre for grounds and buildings. The land register objects in Poland are mainly real estates. The real estate may consist of land parcels, buildings or flats. The most typical real estate consists of land parcel (parcels) and building (buildings). The main aims of land register are revealing the legal state of every estate and assuring the proper real estates turnover. The land register is managed by the courts of law.

5 The land register According to the act concerning land register and mortgage the perpetual books are now created and managed with computer system. At the present time all perpetual books having its contents migrated into computer database are accessible on-line for every user. The land register in Poland consists of approximately 18.8 mln perpetual books and when the internet service started in June 2010 about 12 mln books were in the electronic format. To obtain an internet access to such a book it is necessary to know its number.

6 INSPIRE DIRECTIVE As we know in the year 2007 the directive establishing an Infrastructure for Spatial Information in the European Community, commonly cold INSPIRE directive came into power. The INSPIRE directive should apply to spatial data held by or on behalf of public authorities, where spatial data means any data with direct or indirect reference to a specific location or geographical area. According to the INSPIRE directive these data should be in electronic format.

7 TRANSPOSITION OF INSPIRE DIRECTIVE INTO THE LAW IN POLAND On March the 4th 2010, the lower house of polish parliament (Sejm) accepted the act on spatial information infrastructure, that transponds the INSPIRE directive into the polish law system. According to this act, the cadastral data are defined in the same way as in the Order on Cadastre for Grounds and Buildings. That means that cadastral parcels are defined as continuous areas of land contained in one cadastral precinct, are legally homogenous and are separated by boundary lines.

8 GEOPORTAL.GOV.PL PROJECT The GEOPORTAL.GOV.PL project is connected with INSPIRE directive implementation in Poland. Geoportal is an infrastructure of nodes contained within the National Infrastructure of Spatial Information, interacting with each other and rendering services of searching, making available and analyzing the spatial data in consistence with the INSPIRE directive. Geoportal offers data sets like: cadastral parcels, the state register of geographical names and the state boarders register. It is provided on the three levels – voivodeships, districts and communes. Generally, the geoportal data can be accessed using WMS (Web Map Service) or WFS (Web Feature Service).

9 THE PRACTICAL EXAMPLE Access to information relating to real estate for both the casual user as well as licensed surveyor registered in the system is presented on the example of Wieliczka district (Powiat), situated near Cracow at the Biskupice municipality. The property consists of: –cadastral parcel no. 122, having the address number 162, –cadastral numbers of buildings situated on this parcel are 22 - for the residential and 23 for the farm building.

10 THE PRACTICAL EXAMPLE The requested parcel may be found using either the cadastral or address numbers. You can also make a search using the building cadastral number.

11 Searching for parcel no 122, on the base of its cadastral number After entering the Wieliczka District (Powiat) website (geoportal) the user is able to find the requested parcel using its cadastral number.

12 Searching for parcel on the base of its address number (162) You can also find the requested parcel using its address number

13 The surroundings of parcel no. 122 and the orthophotomap in the background For the located property the user can view orthophotomap

14 The surroundings of parcel no. 122 and the defined land use in the background

15 View with local spatial plan

16 Additional system possibilities for registered surveyor An important part of the module is to define simple GIS queries. The licensed surveyor registered to the district office, has the possibility to search parcels due to parcel area, land use or the type of parties managing the real estate. Additionally, in a query you can define the function or the number of stories of concerned building that is situated on requested parcel.

17 Additional system possibilities for registered surveyor The registered licensed surveyor have also the opportunity to register the surveying work, he is going to perform. Upon such notification the district surveying and cartographic bureau gives the surveyor access to some additional information like a surveying network points, a file with vector data and information on rules for completing the submitted work.

18 The fragment of vector map

19 RECAPITULATION The authors believe that some general information on the estates being subject of interest can be found by any user with internet access. The only important thing, that is not so easily accessible is the legal status of parcel, including information on owners, that is contained in the land register. Although the land register is the publicly open system, it is not possible to obtain any information without knowing the perpetual book numbers, that are not public. This data are included in ground and building cadastre, but access to cadastre is limited to owners, perpetual users or parties having legal interest. Legal interest means, for example, being a party in civil court case concerning considered real estate. According to the polish law the potential purchasers interest is not defined as legal but factual (real). So it is not so simple to find information on cadastral parcel or building owner.

20 THANK YOU