ORDER OF THE CEO OF THE AGENCY OF LAND RELATIONS AND INVENTORY OF THE REPUBLIC OF MOLDOVA

of August 6, 2012 No. 140

About approval of the Instruction about method of development and updating of cadastral and geometrical plans

For the purpose of accomplishment of provisions of article 18 of the Law on the Inventory of real estate No. 1543-XIII of February 25, 1998 and for the purpose of establishment of procedures of issue of geometrical and cadastral plans of real estate units of PRIKAZYVAYU:

1. Approve the Instruction about method of development and updating of cadastral and geometrical plans.

2. Publish this Order in the Official monitor of the Republic of Moldova.

3. From Date of Introduction in operation of this Order the Order of the Agency of land relations and the inventory No. 107 about approval of the Instruction about method of development and updating of cadastral and geometrical plans loses of 27.05.2003 force.

4. To impose control over the implementation of this order on management of the inventory of real estate of the Agency of land relations and the inventory.

The instruction about method of development and updating of cadastral and geometrical plans

Chapter I. General provisions

1. The instruction about method of development and updating of cadastral and geometrical plans (further - the Instruction) is developed according to the Law on the inventory of real estate No. 1543-XIII of February 25, 1998, the Law on forming of real estate No. 354-XV of 28.10.2004 and establishes method of development of the geometrical plan and draft of the cadastral plan, and also method of their updating and change.

2. In this Instruction the following concepts are used:

the act on establishment of borders - the act which is constituted before preparation of the geometrical plan which describes borders of the parcel of land and confirms their establishment on the area;

the act of compliance on the area - the act which is constituted before preparation of the cadastral plan by which compliance or discrepancy of inventory data of situation on site is confirmed;

the act of recovery/placement of borders on the area - the drawn-up statement on recovery of borders and placement of projects on areas to which the materialization on the area of border points of the site proves to be true;

updating - complex of the cadastral works which are carried out with the purpose of modification of cadastral documentation on the site;

the graphical database - all space and descriptive data describing real estate;

technical case - all documents which formed the basis for works, and those which were constituted in case of accomplishment of cadastral works;

border - the physical or imagined line specifying the extreme (rotary) points of the parcel of land separating it other parcels of land;

cadastral works - complex of the actions providing identification, measurement and the economic and technical description on real estate objects, computer data processing, preparation of technical documentation, including geometrical plan;

cadastral measurements - measurements and observations made within cadastral works;

orthophoto - the orthofacsimiles received from air;

geodetic networks - the national geodetic network, sealing geodetic network, permanent networks of GNSS stations registered in AZOK;

lifting network - the network developed from geodetic network for cadastral measurements if it is necessary;

network of tracking - the network developed from geodetic network for tracking/reflection of elements of object on the area;

the cadastral plan of the territory - graphical representation of the territory which contains data on mutual placement of objects, borders of the parcel of land, structures and other real estate registered in the real estate register, cadastral numbers and other data established by this Instruction;

the cadastral plan of real estate object - part of the cadastral plan of the parcel of land issued by the territorial cadastral agency in which graphical information with indication of the parcel of land and buildings on it entered in the real estate register, data on its location, the cadastral number, date of the last update of data and other data on real estate established by this Instruction is reflected;

the geometrical plan - the technical document prepared by means of cadastral works, specifying borders of the parcel of land and other data established by this Instruction;

the catalog of coordinates - the table with indication of the name of points and their coordinate;

geospatial data - plans and topographic maps, cadastral plans, air or space orthofacsimiles;

rotary point of border - certain points in which there is separation of the direction of border or crossing with the adjacent site provided on the cadastral or geometrical plan;

SKO - average quadratic error of location concerning Items NGS;

E(R) - tolerance of planimetric linear mutual line item of points.

3. The geometrical plan can be developed according to the statement or within primary mass registration.

Development of the geometrical plan of real estate is initiated:

a) the owner of property, including the state or administrativnoterritorialny unit, by means of the bodies authorized on property management;

b) real owners of the rights and other property rights (economic maintaining, use, etc.), with the consent of the owner;

c) judicial and tax authorities in the cases provided by this instruction;

d) The agency of land relations and inventory within implementation of state programs.

4. The geometrical plan is developed for the following purposes:

a) primary registration of the rights to real estate;

b) for updating of the cadastral plan that requires change of borders of real estate and/or registration or updating of data on structures;

c) forming of real estate. The procedure of forming of real estate is established By the law about forming of real estate;

d) for representation upon the demand of degree of jurisdiction or other state bodies of the power;

e) for sale of the parcel of land, including for its privatization;

f) for acceptance of structures;

g) in other cases, stipulated by the legislation.

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