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Moving from a Deed Registration System to a Land Book System Experience in Romania and Greece Andre Hernandez Denmark.

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Presentation on theme: "Moving from a Deed Registration System to a Land Book System Experience in Romania and Greece Andre Hernandez Denmark."— Presentation transcript:

1 Moving from a Deed Registration System to a Land Book System Experience in Romania and Greece Andre Hernandez Denmark

2 OBJECTIVES Security of ownership Secure investors Solve disputes Sustain Land market Simplify transactions Collateral for mortgages More transparency

3 How? Security Guarantee by the Government Up-to-date Parcel-based legal information is registered Market Less enquiries by Financing organization Minimize transaction cost and duration Transparency Access to public

4 Yes, but… Deed system in France (no more disputes than in Germany) Notaries are professionals, business- oriented, not always Registrars Mortgage procedures difficult to apply (ex. Russia) Limited access to professionals only (Land Book open in DK)

5 Greece and Romania experience Two countries in Europe are developing Projects to move from deed registration to a land book system Different history, physical environment, legal framework But some issues are similar

6 General remarks Expensive. Estimation Greek cadastre by experts up to 3 bi Euros, no estimation in Romania, 25miUSD for 1\10 of the country but incomplete Long 12-20 years (?) Need permanent political support Need external financial support

7 What makes implementation difficult? Institutional arrangement Deviations Communication with stakeholders Free access or not Legal or multipurpose Cost recovery IT developments Double system

8 Institutions Multi-institutions A unique Agency improves the decision-making process But the system is based on coordination and active participation of stakeholders Ensuring the participation of professionals. Hellenic Cadastre Difficulty to cope with non-technical issues Cadastre Agency and Justice in Romania Impossible coordination

9 Deviations From legal to technical Systematic survey (GR, RO) Technical norms too accurate Collected data too much, collect a maximum Sporadic data Difficult to use (RO) Not included (GR) However that works (Latin America) Preparation stage Publicity campaign Large well-monitored contracts Norms adapted to the legal objectives

10 Communication Other Institutions Considered as future users only. No involvement (Steering Committees RO) Private sector Notaries lobbying (GR, RO) Job for local Surveyors (GR, RO) Banking sector, real estate… ?? Public Forgotten – public campaign in LA, Russia Expectations different (GR)

11 Free access? Discussion on privacy EU Regulations, what is private data? Restricted access Private business changes Notaries not prepared (GR) Real estate business (RO) Access to the private sector Real estate, banks Individuals and investors

12 Cost Recovery General, economic Is it realistic? If direct revenue,why not a fiscal cadastre Anything to do with the Land Book? Business plan Cadastre RO Business-oriented administration? GR semi-administration RO Ministry of Justice

13 IT-Developments Priority to equipment (RO) Self-development (GR) Extra-cost under-used Hardware providers or assistants Complex design Based on data, not procedures Going with institutional issues

14 Legal or multipurpose? Initial objective: legal cadastre Tendency to collect multipurpose information Benefits expected for other agencies But what about coordination?

15 Double system Underestimation of the cost of double systems in parallel (GR) Double work (RO) Difficult long-term implementation Training for sustainability Organization issues to take into consideration Transfer of responsibility

16 Is this change the solution of the problems? Any solution cannot replace a very good organization. Institutional dialogue Clear and accepted decision making process Based on realistic strategy and implementation plan Criteria Progress measurable (not only in term of expenses) Transparency to the public Sustainability – do not eliminate issues Accept advices

17 Risks Never complete High cost Misunderstood Demobilization Not providing expected results

18 Deed or Land Book? Is it the right question? Other proposals: Unified system Business Plan Legal framework Human Resource Development Institutional Strengthening

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