A Transparent Cadastral System: Fit for Sustainable Development and Legal Security – The Danish Public-Private Cooperation Model

Abstract

Maintenance, updating and development of the Danish property cadastre (“The Danish cadastre is the basis for all land registration in Denmark. Consisting of a country-wide cadastral map, an official register and a cadastral archive” (The Danish Geodata Agency)) has for more than 250 years been organized in a public-private cooperation model consisting of a central state cadastral authority (today The Danish Geodata Agency) and private licensed chartered surveyors. The licensed chartered surveyors perform the cadastral tasks in the field, prepare the cadastral documents and submit the changes to the central authority that controls, approves and records property changes in the cadastre.

Post Script

PLF Observations on Deregulation Initiatives

The European Commission reached a political agreement in June 2013, which addresses and requires each Member State to perform a review and to modernize their regulations on qualifications governing access to professions or professional titles. The overall purpose is improving access to professions, in particular through a more flexible and transparent regulatory frameworks in Member States, to facilitate the mobility of qualified professionals within the internal market and the cross-border provision of professional services.

This should also have a positive impact on the employment situation and enhance economic growth. In order to boost growth potential and consolidate the way to economic recovery, this review of regulated professions should be a priority. The Commission therefore urges Member States to begin reviewing at national level the qualifications requirements imposed on regulated professions and the scope of reserved activities.

At the same time and in full compliance with EU recommendations, the Danish government launched a study of the abolition of ownership regulation of Danish practicing surveyor companies in order to create growth by

• reducing administrative burdens

• increasing productivity

• increased competition – lower prices.

It is growth initiative no. 49 in a comprehensive growth plan for the Danish society.

PLF Point of View

• Currently there is no workload neither in the Danish Cadastral Agency or in practising surveying companies in reporting and containing changes in ownership and management and supervisory board.

• Property formation and change is nearly 100% dependent on general societal conditions. Pricing on honoraria cannot create growth or increased competition. In a larger ordinary subdivision, surveyors fee represents about one percent of the sales price.

• The competition in the profession is intact. At the moment approximately 75% of all cadastral works is based on a tender, an offer or another tested price.

• The Danish Association of Licensed Surveyors (PLF) has the opinion, that the premises for growth initiative no. 49 are wrong and promoting growth initiative no. 49 can weaken both legal certainty and consumer protection.

• A prerequisite for the legal certainty of the total property formation process is “citizens” access to independent surveyors free of special interests; the surveying company is irrelevant, as it only handles ownership and boundary interests for the benefit of the whole society taking account of third parties.

• The existing ownership and management restrictions, which states that licensed chartered surveyors have a controlling influence in the group of owners in the company and in the business management, ensures the independency and impartiality of the practising chartered company.