Geómetra Europeo - Caso de éxito: El Landinspektør en Dinamarca

COITT – El Geómetra Europeo _____________________________________________________________________________________

Præludium

Universadad Politécnica de Valencia 05.12.2013 __________________________________________________________________________________________________

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“El Geómetra Europeo, garante de la seguridad jurídica sobre la delimitación de

los bienes inmuebles” ---

The role of the Liberal Appointed Chartered Surveyor in the Danish

property formation process

Torben Juulsager, [email protected]

Partner: Geopartner Landinspektørgården A/S

“Presidente”: The Danish Association of Appointed Surveyors in Private Practice (PLF)


Agenda


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1. Introduction

2. Basic framework conditions for cadastral activity

3. The Danish Cadastral System

4. The professional practicing surveyor


1. Introduction


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1.1 Personally

• Curriculum vitae - 1980-1985 : Education chartered surveyor – Cand. Geom.

- 1985-1996 : Cadastral surveyor assistant

- 1989- : Appointment

- 1996-2000 : Partner, Landinspektørkontoret Holstebro

- 2000- : Partner, Geopartner

- 1996-2002 : Member Continuing Education Committee, DdL

- 2002-2009 : Chairman Professional Advisory Committee, DdL

- 2009- : Chairman Danish Association of Licensed Surveyors in Private Practice (PLF)

- 2004- : Censor, Aalborg University


1. Introduction


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1.2 Company

• Geopartner – key-id - Private chartered surveying company

- Geography: 8 offices in Jutland

- Organization:12 partners + app. 40 employees, in total app. 20 chartered surveyors

- Turnover: App. 5,5 mio. euro/year

- Clients: Public and private

- Business areas: Cadastral work, condominiums, technical surveying, mapping, cable registration, building measurements, GIS, planning, registration

of easements etc.




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2.1 Political

• Private property - Real estate/private property is the basis for significant national and private economies

- National - building and sale of real property creates growth and an improved tax

- Private - buying real estate is the most significant private investment

- Political stabilizing factor:

- Ownership - securing rights

- Accommodation facilities and settlements - maintain a politically elected social structure




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2.2 Legislation

• Chartered Surveyors Act - Sole purpose - A chartered surveying company must have the sole purpose of performing surveying and

cadastral work

- Personal responsibility - An appointed chartered surveyor practicing in a chartered surveying

company (=practicing chartered surveyor) is personally liable, together with the company, for any claims arising in consequence of assistance provided by the chartered surveyor to a client




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2.2 Legislation

• Chartered Surveyors Act - Ownership - In a chartered surveying company, at least 51 per cent of the company capital and voting rights must be owned by appointed chartered surveyors

- Management - In a chartered surveying company, the majority of the members of the board of directors

and the management board must be appointed chartered surveyors




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2.2 Legislation

• Parcelling Act - Monopoly - Cadastral work may only be performed by practicing chartered surveyors and their assistants

who are appointed chartered surveyors

- Subdivision requirements - There is only allowed transfer or pledge of an area if it presents a real estate or unregistered property. Change of ownership of a parcel of land that is

part of a real estate or an unregistered property may be effected under the rules on land transfer.




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2.3 Administative

• The Danish eGovernment Strategy 2011-2015 - Good Basic data for everyone - Authoritative basic data to accelerate the adoption on and optimizing digital

solutions in the public sector

- Robust digital infrastructure - A shared digital infrastructure that is safe and sufficiently robust to

meet future requirements

- Shared core data for all authorities - Effective and reliable sharing of core data between authorities

- INSPIRE philosophy - Data is collected once by the responsible authority and there is no redundant

data in the system. Data/information is shared and downloaded at the source




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2.4 Profession-id

• Profile – chartered surveyors - Basis/foundation

- How surveyors act

- Professional fields




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2.4 Profession-id

• Professional identity – key-id - Professional driver in the property formation process

- Holistic and solution-oriented

- High professional level

- Dialogue based solutions

- Professional guidance

- Knowledge to “the location” - 1:1

= specialist in being a generalist




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2.4 Profession-id

• Business areas - Base-tasks

- New workspaces

0

100

200

300

400

500

600

700

800

900

1000

1100

Profession/business Structure

375 Chartered Surveyors in Private Practice

60 Companies Private Practice

1000 Chartered Surveyors

625 Chartered Surveyors in Public and other Privat Sector

195 Employed 180 OwnerSurveuors in Privat Practice




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2.4 Profession-id

• Business structure




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3.1 Infrastructure

• Community infrastructure - Basic purpose: System to ensure a reliable and trustworthy formation, registration and change of property and access

to up-to-date authoritative proprietary basic data

- Welfare society´s invisible backbone: The totality of legislation, players, administration, management, records, systems and elements related to real estate, which

ensures a reliable foundation for

- Location

- Possession

- Use and settlement

- Protection and Conservation

- Taxation

- Mortgages




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3.2 Property cadastre

• A multipurpose register - two-part primary role - Legal and administrative (for plots)

- Authoritative proprietary basic data register

- Reference data for spatial eGovernment

• Three main elements in the property cadastre - Cadastral Register - information on property identification., area, various statutory quotations, case information, etc.

- Cadastral Maps - index cards containing spatial identifier.,

property boundaries, property identification., private roads and other administrative borders

- Cadastral Archive - details of dimensions for identification

and determining the boundaries, other case documents




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3.3 Basic elements

• Cadastral work - Includes the definition of boundaries and preparation of the documents necessary for registration of cadastral changes

• Two shared responsibility - Public-private collaboration

- Geodatastyrelsen (National Survey and Cadastre) - state authority land and registration

- Practicing chartered surveyors - cadastral work must be performed by appointed surveyors in private

practice and by their appointed assistants




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3.4 Proces in general

• The danish context




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3.4 Proces in general

• Streamlined dataflow




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3.5 Case Study

• Parcelling/subdivision and land transfer - Registration documents

- Schematically description

- Map of changes

- Measurement sheet

- Owner declarations

- Authority approvals

- Certificate of land registration Judge

- Mortgage

- Easements

- Title deed




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4. The professional practicing chartered surveyor


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4.1 Professional qualifications and prerequisites

• Education - Academic level – 5 Years on University level consisting of a bachelor (3 years) and master (2 years) in

surveying and cadastral science

- Problem Based Learning

• Purposes - To ensure the academic level and the research options in the areas of

- Surveying and mapping

- Cadastre and land management

- Spatial planning

- Property design and development

- Cadastral and real estate law

- GIS (Geographic Information Systems)




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• Professional practice - At least three years performing general cadastral work in a chartered surveying company or in a cadastral administration doing cadastral work, undergoing

further education

• Purposes - To establish the necessary experience and knowledge to

the requirements in practice




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• Appointment - Awarded according to State law based on approval of professional skills, by National Survey and Cadastre – based on documentation of

minimum three years relevant cadastral/surveying work in practice

• Purposes - To ensure the necessary professional qualifications of the chartered surveyor – professional skills and

knowledge in practice – to be appointed to provide cadastral work




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• Continuing Professional Development - Not compulsory but de facto. Recommendation 37 hours

per year – professional training, knowledge sharing and dissemination

• Purposes - To maintain professional development and quality




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4.2 Professional business and disciplinary requirements

• Obligatory insurance - An obligatory insurance system defined by the State authorities – National Survey and Cadastre

• Purposes - To show responsibility and support customer protection




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• Board of appeal - A penalty board under State authorities – National Survey and Cadastre – independent from the surveyor’s

organization, to settle complaints about the surveyor's work.

Have the power to periodically or permanently revoke the appointment to provide cadastral work

• Purposes - To maintain trust and quality by applying the state requirements and support customer protection




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• Disciplinary board - A committee defined by the surveyor’s association

providing advisory opinions and guidelines on professional matters and defining the “Bonus Pater professional”

• Purposes - To ensure the permanent high professional quality of the surveyor's work and to support customers who

have questions or complaints about the surveyor's work




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• Ethical codes - A national ethical code as guideline for the surveyor´s work

- and The CLGE Code of Conduct – ratified by most European Countries

• Purposes - To have high ethical principles for surveying services and support customer protection




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4.3 Professional representation of interests

The Danish Association of Licensed Surveyors

in Private Practice (PLF)

• Mission - develop and strengthen the liberal chartered surveying companies

- representation of political, professional and business interests

• Strategic objectives - assure the quality of surveying services

- ensure lasting business conditions

- ensure the professional and business skills

- strengthen the competitiveness of the liberal chartered surveying companies




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• Structure- General Assembly

- Elected Board

- Standing committees – internal and external

- Committee of bargaining wages and employment conditions

- Working Groups

- Secretariat

PLF Board

PLF GA

DdL

InternalCommittees

ExternalStakeholders

InternalWorking gr.

Secretariat




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• Network

Private organizations/companies

- DdL The Danish Association of Chartered Surveyors

- Professional organizations - lawyers, agricultural, engineers

Public organizations/ministries/agencies e.g.

- GST National Survey and Cadastre

- DSS Danish Court Administration

- TLR The Land Registration Court

- FVM Ministry of Food, Agriculture and Fisheries

- MBBL Ministry of Housing, Urban and Rural Affairs

- AAU Aalborg University


Postludium


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Thank You for Your attention – Gracias por vuestra atención

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