Intended use of a building in terms of updating the cadastral database and harmonizing the data with other public records
According to the original wording of the Regulation on the register of land and buildings of 2001, in the real estate cadastre there was one attribute associated with the use of a building structure – its intended use, which was applicable until the amendment to the Regulation was introduced in 2013. Then, additional attributes were added, i.e. the type of the building according to the Classification of Fixed Assets (KST), the class of the building according to the Polish Classification of Types of Constructions (PKOB) and, at the same time, the main functional use and other functions of the building remained in the Regulation as well. The record data on buildings are captured for the real estate cadastre from other data sets, for example those maintained by architectural and construction authorities. At the same time, the data contained in the cadastre, after they have been entered or changed in the database, are transferred to other registers, such as tax records, or land and mortgage court registers. This study is the result of the analysis of the laws applicable to the specific units and registers. A list of discrepancies in the attributes occurring in the different registers was prepared. The practical part of the study paid particular attention to the legal bases and procedures for entering the function of a building in the real estate cadastre, which is extremely significant, as it is the attribute determining the property tax basis.
Act (1982) of 6 July 1982 on land and mortgage registers. Journal of Laws of 1982, No. 19, item 147, as amended.
Act (1989) of 17 May 1989 Geodetic and cartographic law. Journal of Laws of 1989, No. 30, item 163, as amended.
Act (1991) of 12 January 1991 on Local Taxes and Fees. Journal of Laws of 1991, No. 9, item 31, as amended.
Act (1994) of 7 July 1994 Construction Law. Journal of Laws, item 290, as amended.
Act (1995) of 29 June 1995 on Public Statistics. Journal of Laws of 1995, No. 88, item 439, as amended.
Act (2015) of 15 January 2015 amending the Act – the Code of Civil Procedure and some other acts, Journal of Laws of 2015, No. 0, item 218.
Regulation (1999) of the Council of Ministers of 30 December 1999 on the Polish Classification of Types of Construction (PKOB), Journal of Laws of 1999, No. 112, item 1316.
Regulation (2001) of the Minister of Regional Development and Construction of 29 March 2001 on the Register of Land and Buildings. Journal of Laws of 2001, No. 38, item 454, as amended.
Regulation (2002a) of the Council of Ministers of 12 February 2002 amending the Regulation on the Polish Classification of Types of Construction (PKOB). Journal of Laws of 2002, No. 18, item 170.
Regulation (2002b) of the Minister of Infrastructure of 12 April 2002 on technical conditions to be met by buildings and their location. Journal of Laws of 2015, item 1422, as amended.
Regulation (2013a) of the Council of Ministers of 17 January 2013 on the Integrated Real Estate Information System. Journal of Laws of 2013, item 249.
Regulation (2013b) of the Minister of Justice of 21 November 2013 on the establishment and maintenance of land registers in the IT system, Journal of Laws of 2013, item1411.
Regulation (2016a) of the Minister of Justice of 15 February 2016 on the establishment and maintenance of land registers in the IT system, Journal of Laws of 2016, item 312.
Regulation (2016b) of the Council of Ministers of 3 October 2016 on the Classification of Fixed Assets (KŚT), Journal of Laws of 2016, item 1864.
Judgment (2012) of the Provincial Administrative Court in Bialystok, II SA Bk 52/12.
Judgment (2013) of the Provincial Administrative Court in Szczecin, II SA/Sz 1185/13.
Judgment (2016) of the Provincial Administrative Court in Gdansk, III SA/Gd 744/16.
Aien, A., Rajabifard, A., Kalantari, M. & Shojaei, D. (2015). Integrating Legal and Physical Dimensions of Urban Environments. ISPRS International Journal of Geo-Information. ISSN 2220-9964. 4, pp. 1442-1479; DOI:10.3390/ijgi4031442
Balawejder, M., Adamczyk T. & Cygan M. (2016). The problem of adjusting Polish spatial information resources to the standards of the Inspire. Geographic Information Systems Conference and Exhibition GIS ODYSSEY 2016, Conference Proceedings, 5th to 9th September 2016, Perugia, Italy. pp. 14-24.
Biłozor A. & Renigier-Biłozor M. (2016). Procedure of Assessing Usefulness of the Land in The Process of Optimal Investment Location for Multi-Family Housing Function. Procedia Engineering. Volume 161, 2016, Pages 1868–1873. World Multidisciplinary Civil Engineering-Architecture-Urban Planning Symposium 2016, WMCAUS 2016. DOI: 10.1016/j.proeng.2016.08.720.
Buśko, M. (2014). Issues concerning disclosing useful functions of a building in cadastral documentation with respect to binding legal regulations. Przegląd Geodezyjny; ISSN 0033-2127. — 2014 R. 86 No. 6, pp. 3–8.
Buśko, M. (2015). Analysis of legal provisions regarding the determination of usable floor area of a building and living premises. Przegląd Geodezyjny; ISSN 0033-2127. 2015 R. 87 No. 12, pp. 8–12.
Çağdaş, V. (2013). An application domain extension to CityGML for immovable property taxation: A Turkish case study. Int. J. Appl. Earth Obs. Geoinf. 2013, 21, pp. 545–555.
Hanus, P. (2011). Analysis of circulation of information in local surveying documentation centre. Geomatics and Environmental Engineering; ISSN 1898-1135, 2011 vol. 5 no. 2, pp. 31–41.
Hanus, P., Hycner, R. & Kwartnik-Pruc, A. (2013). Terminological analysis of selected problems of cadastre and homological subject. Pt. 1, Lot, boundary, real estate. Geodeta; ISSN 1234-5202. — 2013 No. 10, pp. 15–22.
Hanus, P., Hycner, R. & Kwartnik-Pruc, A. (2013). Terminological analysis of selected problems of cadastre and homological subjects. Pt. 2, Directly to cadastre and surveyor. Geodeta; ISSN 1234-5202. — 2013 No. 11, pp. 25–32.
Inglot, A. & Koziol, K. (2016). The Importance of Contextual Topology in the Process of Harmonization of the Spatial Databases on Example BDOT500. 2016 Baltic Geodetic Congress (BGC Geomatics). pp. 251–256.
Isikdag, U.; Horhammer, M.; Zlatanova, S.; Kathmann, R. & Van
Oosterom, P.J.M. (2014). Semantically rich 3D building and cadastral models for valuation. In Proceedings of 4th International Workshop on 3D Cadastres, Dubai, UAE, 9–11 November 2014; pp. 35–53.
Krzyżek, R. (2015). Innovative algorithm of vector translation method for the measurements of corners of building structures using RTN GNSS technology / Robert KRZYŻEK // Geomatics and Environmental Engineering; ISSN 1898-1135. 2015 vol. 9 No. 4, pp. 73–84. — Bibliogr. p. 84, Summ.
Lawendowicz, E. (2017). http://www.ela.mapa.net.pl/Prezentacje/cwicz-7-budynki.pdf access as of 15 March 2017.
Mika, M. (2016). Proposals for changes in surveying-legal procedures for the needs of cadastre in Poland. Reports on Geodesy and Geoinformatics vol. 102/2016; pp. 67-77 DOI: 10.1515/rgg-2016-0028
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