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Master of DonNTU vinichenko K.
Autobiography
Abstract

Vinichenko Katya

Institute of Mining and Geology

Speciality: Land surveying and cadastre

Theme of master's work: Features of underground real estate administration within the framework of the land relations

Scientific adviser: Gavrilenko Y.N.

Abstract of thesis on the theme of master's work

Actuality of development of underground real estate

In our shrinking earth use of space is not limited to the surface. Especially in the big cities it is necessary to exploit the underground extensively. Not only for technical infrastructure, but also for business and living. Both in regulated and unregulated areas great creativity is shown in utilising any kind of free space.

Underground real estate is already not new in Ukraine too. Interest of investors to build below the surface increases the last years.

The increase of amount of cars on roads entails the necessity of decision at once of two problem questions: organization of transport streams on city streets and organization of parking and storage of cars.

If to talk about engineering communications, it is necessary to acknowledge that their underground laying is most rational, architectonically aesthetic and from point of safety by the most reliable method.

Examples of underground constructions

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Basic directions of underground building

Three basic directions prevail in modern underground building:

  • the commercial underground real estate - underground shopping malls, parkings, point-of-sale areas in underground pedestrian passages;

  • building of transport arteries - road-transport tunnels, subway;

  • engineering infrastructure.

Raising of problem - aim and research tasks

Pressure on land in urban areas and especially their business centres has led to overlapping and interlocking constructions. Examples: condominiums, organisation of underground parkings, metro tunnels, shopping malls with below ground floors, transport streams e.c. Resulted examples are called the 3D situations.

The scope of research on 3D cadastre is demarcated by three frameworks which determine the needs, constraints and possibilities for 3D cadastral registration. These frameworks are linked to each other in a hierarchical order:

  1. Juridical framework: how can the legal status of stratified properties be established? how to establish property boundaries other than traditional 2D parcel boundaries? what rights can be used and how can these rights be used?

  2. Cadastral framework: once the legal status of property in 3D situations has been established and described in deeds and in field works that are archived in the land registration, the next issues are how to register the rights and restrictions to property (bounded in three dimesnions) in the cadastral registration and how to provide information on the legal status of 3D property situations?

  3. Technical framework: what system architecture (computer hardware, software, data structures) is needed to support cadastral registration in 3D situations? what architecture is technologically possible?

The scientific novelty of work: in master's work assumed to form suggestion on involving of the underground real estate in the sphere of the land relations. Similar practice absents in Ukraine now.

The main aim of this work – to define, in what cases a current legislation and cadastral system satisfy and can be applicable to underground property administration, and improvements are required in what cases. Suggestions in decision of the put tasks will be formed coming from experience of foreign countries.

Underground objects in the land law and cadastral system in Netherlands

The Netherland's cadastre is a parcel-based land information system. Ownership rights in Netherlands always relate to the superficial areas.

The main types of cadastral recordings with a 3D component are:

  1. right of ownership;

  2. limited ownership rights (right of superficies, right of long lease, right of easement);

  3. joint ownership.

When no rights are established, the rules of vertical and horizontal accession apply.

Current cadastral registration of 3D situations can be accomplished by a notification in the cadastral registration specified with an ‘OB’ or ‘OBD’ (Ondergronds Bouwwerk: underground construction), which was introduced in 1998. This is just an indication in the administrative database of the existence of an underground object in the subsurface of a parcel. An ‘OB’ code is linked to a parcel and to a subject (which is the person responsible for the object). The ‘OB’ code indicates the factual situation but it is not a right or restriction itself. Although it is registered as an object restriction, it has no juridical consequences and it does not indicate how the legal status of the construction has been established. If these boundaries are below the surface they are also encoded with the visibility code ‘2’ (’not visible from above’).

Basic lacks of the system of registration of rights in relation to underground objects in Netherlands:

  1. The space where a right applies for is not registered and not available in the cadastral registration.

  2. There is not the generally accepted way of registration of legal status for objects of infrastructure.

Underground objects in the land law and cadastral system in Denmark

The Danish Law is based on the same principles as other international laws on property: right of property is established on parcels and is not limited in the vertical dimension. A (juridical or factual) horizontal division in property can be established by the restrictions in property).

In Denmark there are no any legal requirements and rules for the subdivision of land for underground objects. In the Danish Cadastre boundaries which are not visible in the field should not be maintained on and cadastral map. In concrete cases for the objects of a transport and engineering infrastructure practical decisions are accepted on formalization of right on the landed space, in-use for their placing. The special types of servitutes or right of ownership can be used for this purpose, because the infrastructure object is registered as real property in the cadastral system, only when the legal status of the object has been established with a right of property.

For example, the legal status of the Copenhagen’s metro is not secured by the servitudes. For the project special tunnel-servitudes, stations-servitudes and emergency-exits-servitudes were developed.

Underground space in the land law and cadastral system in Netherlands. Oslo Method

The main land act in Norway is the Land Subdivision Act. The present law had no provision for three-dimensional parcels so the City of Oslo established a system called the Oslo Method in 1987 based on an agreement between the City of Oslo and the local court.

In the Oslo Cadastral System had been made provisions for subdivision of parcels below the ground:

  1. For denotation of underground areas is entered the definition of «construction parcel».

  2. A construction parcel in Norway cannot be established without something being built or it has to relate to an existing construction.

  3. The subdivision of underground parcels follows partly the same procedure as for surface parcels.

  4. Underground parcels may also be surveyed, but usually it is accepted the contractors drawings.

  5. An underground parcel is given the same area number as the parcel on the surface, but with 300 added.

The vertical scopes of land parcel are shown on a cadastre map. The task of reflection of underground communications in Norway decides by creation of cadastre of engineering communications.

The new law on the Cadastre was approved in Parliament in 2007. It was enacted in January, 2010 and set a new national cadastral system. The construction property unit is partly based on the Oslo method so most of the underground volumes created in the City of Oslo have become “legal” under the new law.

Basic lacks of the system of registration of rights in relation to underground objects in Norway:

  1. A 3D parcel in Norway cannot be established without something being built or it has to relate to an existing construction.

  2. In Norway there has not been established a finite depth of ownership.

Legal status of underground objects of the real estate and infrastructure in the land law and cadastre in Ukraine

In Ukraine legislative requirements are absent on formalization of right for using underground space. Underground spaces with the objects located on them are not registered in the land registration and cannot be represented in the cadastral system. The objects of engineering and transport infrastructure exist in the systems of registration on the rights of servitutes and agreements of limitations.

The main obstacle of all countries has been the national legal system, which does not limit the vertical scopes of land parcel.

Concerning to the article 79 of the Ukrainian Land Code the right of ownership spreads not only on a superficial layer but also on space which is above and under the surface of area on a height and on a depth, necessary for erection of dwellings, production and other buildings.

Three possible concepts have been distinguished to register 3D situations:

  1. 3D tags in the current cadastre (it is used in cadastral systems of Netherlands and Denmark);

  2. a hybrid solution (example - Oslo Method in Norway);

  3. full 3D cadastre (now it isn't exist in any country);

  4. cadastre of engineering communications.

Conclusion

Now for Ukraine the most possible is application of 3D tags in the current cadastral system, because it does not entail the global changes of general structure of cadastral system, heavy economic expenses and new training specialists.

At the moment of writing of abstract the master's work is not yet completed. Completion of work is planned by the end of 2010. Final complete text of work and proper materials can be got for the author of work after the indicated term.

List of sources

  1. Çåìåëüíûé Êîäåêñ Óêðàèíû, óòâåðæäåííûé Âåðõîâíîé Ðàäîé Óêðàèíû 25.10.2001 ã. (âñòóïèë â ñèëó ç 1.01.2002 ð.).

  2. Çàêîí Óêðàèíû «Î ïëàòå çà çåìëþ» ¹ 2535-XII îò 3.07.1992 ã.

  3. "3D Cadastre" Jantien E.Stoter. – NCG, Nederlandse Commissie voor Geodesie, Delft, July, 2004. 342 p.

  4. "3D registration of real property in Denmark" J.E. Stoter, E.M. Sorensen, and L. Bodum. In Proceedings of FIG Working Week, Athens, Greece, May 2004.

  5. "Developments of the 3D Cadastre in Norway" Tor Valstad. In Proceedings of FIG Working Week, Munich, Germany, October 2006.

  6. Tor Valstad. «How Is the Development in the World of Cadastre towards More than Two Dimensions?». In Proceedings of FIG Working Week, Eilat, Israel, May 2006.

  7. Ïåðåäóìîâè ñòâîðåííÿ 3D êàäàñòðó â Óêðà¿í³ À.Ñ.Ïîïîâ. Õàðê³â, Õàðê³âñüêèé íàö³îíàëüíèé àãðàðíèé óí³âåðñèòåò ³ì. Â.Â.Äîêó÷àºâà, 2008.

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