Universidade Federal de Santa Maria

Ci. e Nat., Santa Maria v.42, e106, 2020

DOI:10.5902/2179460X42102

ISSN 2179-460X

Received: 18/11/2019 Accepted: 09/03/2020 Published: 23/12/2020

Meteorologia

Comparative analysis between european registration systems and guidelines of the brazilian registration associated with the FIG parameters

Raidel Báez PrietoI

Carla Luciane LimaII

Victor Luis PadilhaIII

Priscila Natascha KinasIV

Francisco Henrique de OliveiraV

I Universidade do Estado de Santa Catarina, Santa Catarina, SC, Brasil - raidelbp@gmail.com

II Universidade do Estado de Santa Catarina, Santa Catarina, SC, Brasil - carla_engflorestal@yahoo.com.br

III Universidade do Estado de Santa Catarina, Santa Catarina, SC, Brasil - victor.engambiente@gmail.com

IV Universidade do Estado de Santa Catarina, Santa Catarina, SC, Brasil - prikinas@gmail.com

V Universidade do Estado de Santa Catarina, Santa Catarina, SC, Brasil - chico.udesc@gmail.com

Abstract

This work aims to contribute to the expansion of knowledge about european cadastre systems and brazilian cadastre guidelines associated to the parameters of the FIG, seeking to promote the enrichment of discussions on this topic through a comparative analysis considering legal, cartographic, economic and social aspects. According to the data collected, it was possible to establish similarities and differences between the european and brazilian cadastre systems, discussing contributions that international experience could give in the effective regulation of these guidelines in Brazil. Therefore, in order to reach an integrated management of the territory, this work contemplates a set of public policies articulated along with its instrumental components, intending to have the Territorial Multipurpose Cadastre (CTM) applied in its complete form.

Keywords: Territorial multipurpose cadastre; European cadastral systems; Comparative analysis

1. Introduction

In recent years there has been a rapid evolution of territorial information systems and in many countries the territorial management associated with other actions of social interests has significantly contributed to the improvement of the population's quality of life (AMORIM, 2018). In this context, the territorial register is one of the territorial planning and management tools capable of providing cadastral data that portray reality, supporting the necessary diagnoses for the planning process.

The International Federation of Geometers - FIG presents in its Declaration on Registration (1995) the following concept:

A Cadastre consists of an-up-to-date plot-based territorial information system containing a record of territory-related interests (eg rights, restrictions and responsibilities). It usually includes a geometric description of the parcels in conjunction with other records describing the nature of the interests, ownership or control of those interests, and often the value of the parcel and its improvements. It can be established for tax purposes (eg appraisal and equitable taxation), for legal purposes (transfer), to assist in land use management (eg planning and other administrative purposes), and allows for sustainable development and environmental protection.

Since 1994, FIG has had a commission responsible for working with land registration and territorial management. This commission produced a publication called “Cadastro 2014 - A Vision for a Future Cadastral System” (FIG, 1998), presenting six statements that address the changes that could take place, the means by which these changes could be achieved, and the technology to take use to implement these changes. (KAUFMANN & STEUDLER, 1998), becoming a reference document for the marking and development of the register worldwide.

In Brazil, from the normative and regulatory initiatives on the subject, in particular through Ordinance 511 of December 7, 2009 by the Ministry of Cities, which deals with the “Guidelines for the creation, establishment and updating of the Multipurpose Territorial Register (CTM) in the Brazilian municipalities”, the register is now treated in a structured manner, more consistent with the definitions of FIG.

The objective of this work is to contribute to the expansion of information sources and discussion about cadastral systems through a comparative analysis among the cadastral systems of four European countries: Germany, Denmark, Czech Republic and Italy and the Brazilian Multifinality Territorial Register Guidelines, associated with the parameters of FIG.

2. Registration Systems in European Countries

The choice of the countries to be analyzed was initially based on a collection of documents called “Cadastral Information System: a resource for EU policies” published by the “Permanent Committee on Register in the European Union - PCC”, in 2008 and 2009. A second aspect considered is that the country has to be a member of the International Federation of Geometers, although this criterion is not exclusive. The countries Germany, Denmark, Czech Republic and Italy were chosen, taking into account the initial criteria cited, as well as their geographical proximity and the fact that these countries have a good level of development of the cadastral aspect when compared to other countries. from South America.

The characterization of the chosen countries are presented based on the information currently contained on the “Cadastral Template 2.0” website, developed by a research group, which includes the University of Melbourne and the International Federation of Geometers - FIG. as well as in the Cadastral Information System: a resource for EU policies publications 2008 and 2009 (PCC, 2008 & PCC, 2009).

2.1. Registration in Germany

2.1.1. Historic

Germany, officially the Federal Republic of Germany is a country in Central Europe. It borders the north with the North Sea, Denmark and the Baltic Sea; to the east by Poland and the Czech Republic; to the south by Austria and Switzerland; and to the west by France, Luxembourg, Belgium and the Netherlands. The territory of Germany covers 357,021 km² and is influenced by a temperate seasonal climate. With over 82 million inhabitants, it has the largest population of any member state of the European Union and its region called Germania is inhabited by several known and documented Germanic peoples before 100 BC. Official survey and mapping in Germany is traditionally a matter for federal states.

Most cadastral systems in Germany were established as a result of the French Revolution to achieve fairer taxation of real estate. The first task was to serve as a purely fiscal register, the fiscal register, with a substantial portion of the plans and records as land consolidation procedures. In 1872, land registration was promulgated and made mandatory in Prussia and from 1900 throughout Germany, creating the first mapped cadastral registers, called the land register. After 1934, the results of official land taxation are recorded in a multipurpose register. Today the whole territory of Germany is completely covered by the real estate register without gaps or overlaps. In Germany there is only one type of real estate register covering the whole territory with all types of landlords (private and state) and all types of land use (urban, rural, forest etc.). The real estate registry in Germany is a parcel-based system with geographically referenced information for unique and well-defined land units.

2.1.2. Legal Aspects

The constitution of the Federal Republic of Germany confers responsibility for official survey and mapping, including real estate registration, to the 16 states. Because of this, each of the 16 states has its own survey and registration law. Throughout Germany there are about 250 registration agencies with a staff of about 25,000 people. Depending on the organizational structure in the states, cadastral offices may belong to the state or district administration. Regardless of the ministry of reference, official survey and cadastral authorities usually belong to a two- or three-administration model. In a two-tier model, oversight of cadastral agencies is done by ministries, in a three-tier model, mainly by the state research institution or in cases by regional authorities covering some districts.

In all cases supervision is done by the state, with the Federal Agency of Cartography and Geodesy (BKG) is assigned to the Federal Ministry of Interior. In October 1949 the Working Committee of the Inspection Authorities of the States of the Federal Republic of Germany (AdV) was formed. The AdV, as a voluntary organization, is responsible for coordinating official surveys and mapping assigned to the Permanent Conference of Interior Ministers.

2.1.3. Cartographic Aspects

In Germany, analogue cadastral maps generally exist in the form of 1: 1,000 grid maps based on Gauss-Krüger coordinates. These old analog maps are now completely replaced by digital maps (ALK = Automated Legal Parcel Map). The real estate register consists of a cadastral map where all states have agreed to transfer this system to a new one. Most states started this migration in 2009. In numerical data, information for determining the boundary, points, buildings, coordinates, among others, is stored. The cadastral map should be adequate as a basis for topographic map development plans, according to the legal tasks of the cadastral maps, the content based on land surveys (boundaries, houses and buildings). Topographic details can be placed on maps by photogrammetric measurements. The AdV in 1991 introduces the European Terrestrial Reference System 1989 (ETRS89) for the State Survey of the sectors and real estate register. In 1995 the Universal Transverse Mercator Projection (UTM) was established as a projection system.

2.1.4. Economic Aspects

Registration agencies are funded by the government, state or district (local). But they charge a fee for their services in addition to the registration authorities. These fees do not refinance the total costs of the agencies, but some parts achieve a more or less complete cost recovery (through charges for cadastral withdrawals). Charges for cadastral surveys depend on different factors (eg value of parcels, number of new parcels, number of boundary points, time spent, etc.). The registration fee is calculated as a percentage of the survey fee. All these charges are the same for all customers, both private and public. It is almost impossible to name the charge of a cadastral survey, because it depends on factors. In all states except Bavaria, publicly licensed inspectors are required to make cadastral surveys, but not cadastral registration. Publicly licensed surveyors are autonomous but work under the supervision of the federal state survey authority. The license is granted by the state only to individuals and not to companies. A licensed inspector is authorized for only one state and acts on behalf of the state as a civil servant in administrative law. In general, licensing requires 4-5 years of study at a university plus an additional state-level internship with an exam plus one year of work experience.

2.1.5. Social Aspects

Since 1900 the land book in Germany has been part of voluntary jurisdiction. This is a part of common jurisdiction and takes place in district courts, except in some parts of the state of Baden-Württemberg; there the land book belongs to the local community. The land book is based on federal law and the registration work is done by the land book offices ("Grundbuchämter"). The land book shows the legal status of all properties, which are described by reference to the property register.

The real estate register is updated permanently whenever there is a change. As a rule, cadastral surveys are performed on request only in Germany. In some cases, the registry office may proceed without being asked to do so, for example in determining land use changes or in the context of land consolidation. The property can be sold in Germany without research as long as only entire parcels are affected. If a portion of a parcel is sold, the law requires that a portion be searched before registering the subdivision in the land book and before it takes legal effect. The parcel of land must be identified and described in exact terms recorded by an agency of the registry office or a licensed inspector. As the territory of Germany is fully covered by the real estate register, this will be updated permanently, we have numerical information or at least graphic information, but not on a topographic map. All new cadastral surveys must be connected to the referral system.

In some states marking is not mandatory because the registration documents define the boundary and not the boundary pillars. Rules according to accuracy and reliability depend on the situation in different states. After the cadastral survey, the maintenance of the Real Estate Registry is performed by the responsible, the cadastral agency. As an official authority, the registration document is signed by an official to the registration agency. The head of the office is not required to do so. Rules of procedure (Geschäftsordnung) regulate who has the right to sign the registration documents. These are the same for all registration agencies in a state (varying from state to state). Based on legal authorization or agreements between administrations, third parties are also involved in the settlement of these tasks. In the field of real estate registration, states are being supported by licensed inspectors and other state or municipal administrative bodies.

Because real estate registration is fully automated, full online access is available. Depending on legal regulations, it is open to local authorities, licensed inspectors, and notaries. Local authorities and licensed inspectors are also, in some states, also allowed to offer data under the same conditions to citizens.

The law on land tenure in Germany contains regulations to change rights on a land, sell and buy, regulations of the person-to-person relationship. German real estate registration law requires real estate registration as a detailed record for property specification and individualization. This construction makes a continuous, necessary and vital data exchange. The structure of the German property tax system includes different tax levels as are Federal Government (Bund), State Governments (Länder) and Municipal Governments (Gemeinde). Each of these bodies has its own power in making laws in the sectors expressly specified in the Fundamental State Law and has the financial autonomy that comes from both collecting and managing the taxes for which the law provides as sole beneficiary than sharing income from some taxes. (such as Value Added Tax and Income Tax).

2.2. Denmark Registration

2.2.1. Historic

The register in Denmark is young and derives from the results of a movement that took place in the late 17th century and was established in 1844. From the beginning, this register consisted of two parts: the cadastral register and the cadastral maps. Both parts have been updated continuously since then.

Even though the primary purpose of the land registry is to collect land taxes, land registry identification is now also used to support the land tenure and land transfer system. Over time, the Danish land registry has therefore shifted from being primarily a basis for land valuation to a legal land registry that supports an efficient land market.

The National Survey and Register at the Ministry of the Environment maintains the Register Registry and map, which identifies actual properties by cadastral number (s) and area and shows all plots of land graphically.

Income from the National Survey and the Registry is largely derived from data distribution, where customers pay for data use rights and distribution itself. Agreements have been entered into for the distribution of data to state and local authorities, whereby the authorities contribute to the cost of distribution through the State Budget and data usage rights are free.

The applicant pays the licensed surveyor's costs, as well as a fee for registration with the National Survey and Registration. However, this does not apply if the subdivided property is less than 100 m2, a road area, a common use area regulated by a local plan or if it has been established through expropriation.

2.2.2. Legal Aspects

In legal terms, the cadastral register encompasses land tenure and ownership information for all Denmark except the local authorities of Copenhagen and Frederiksberg. The cadastral registration includes cadastral identification numbers, property size, roads and rivers, administrative areas, and references to all previous updates to individual properties. In addition, the register contains several items relevant for analysis of an area, such as: cadastral number; Name and code of cadastral district; Municipality number; Name of the municipality; Area; Usage status; Legal determination of the limit; Owners of common ground; Map number; Additional measurements; Comments; Among others.

As for cadastral archives, historical information about Denmark's land registry, including old property maps, land registry protocols and field survey measurements, can be found in the system used by the country as a whole. Historical registration information for local authorities in Copenhagen and Frederiksberg can be found in the offices of their respective independent registration authorities. Large amount of file contents were scanned. Thus, more than 40,000 historical maps are accessible over the internet, and professional users can access field measurements as well, such as surveyors.

Finally, according to the Subdivision Law, the Danish Register consists of the Register Register, the Register Map, and the Register Measurement Sheets. The measurement sheets are kept with the specific case files. Surveyors may request copies of these documents when they need to perform some measurement and forward to the Danish Register.

2.2.3. Cartographic Aspects

As regards the cartographic aspect, the cadastral map is a key component of the Danish national register. It illustrates all property boundary data from all over Denmark except the local authorities of Copenhagen and Frederiksberg, which maintain their own records. It also provides information on protected forests, polluted areas, coastal erosion areas and special area protection. The map does not contain topological features such as elevation or buildings.

The cadastral map is an official and digital document. It is intended to present the cadastral register in a visual way, so that individual parcels can be identified along with their attribute data, such as cadastral number, road access, among others. This instrument is updated daily, as new property registrations, boundary changes and field surveys are submitted to the National Survey and Registration for approval. This excludes environmental data found on maps such as protected forests, polluted areas, among others, which are generated and updated by the relevant agencies.

Finally, today's cadastral map is based on historical maps of hand-drawn properties (between 1991 and 1997), which were digitized, turning them into georeferenced vectors for the entire national network. In 2008, all data was transformed into Zone UTM 32, EUREF89. Field surveys and measurements are increasingly improving the accuracy of the digital cadastral map, but since the existing map is based on analog maps, the accuracy of the cadastral map ends up varying by a few centimeters in urban centers.

2.2.4. Economic Aspects

In Denmark, as regards economic aspects, personal income tax is by far the most important tax, covering 53% of all taxes and fees. In general, income tax accounts for about half of gross personal income. Also the "value added tax" (VAT) or general sales tax is important and represents 25% of the total, covering almost all transactions of goods and services, including the construction of buildings. Profit from the sale of real estate is not subject to VAT. However, immovable property is subject to a number of other taxes, such as:

• Recurring property tax: These are three local taxes levied by the two levels of local government (municipalities and counties);

• Flat Taxes: A transportation tax must be paid to the Real Estate Registry whenever a property is sold or transferred to another owner.

It is noteworthy that the central government is responsible for the valuation of real estate. The basic information required for evaluation and collection is digitally stored. The Central Customs and Tax Administration maintains a Sales Information Record. Municipalities maintain a Municipal Property Data System prior to the Assessment and Collection Registry, and this record includes the description of the land parcels, which come from the National Survey and the Registry. Municipalities maintain a Land and Housing Register containing the description of buildings and housing units.

Real estate taxation agencies summarize the most important actors and databases, which maintain real estate price information. Thus, the municipalities charge property tax and service tax. They collect city taxes and county taxes. Thus, it is perceived the importance of the register as an economic source of value for Denmark.

2.2.5. Social aspects

Concerning social aspects, more specifically as regards the benefit of a robust cadastral system for the Danish population, an agreement was reached with local authorities in Denmark, with effect from April 2010, seeking to highlight the role of the National Survey and Cadastro as a central government infrastructure organization for maps and geodata. Such agreement occurs so that the National Survey and Registration maintains an application on the internet that provides access to registration data, the webCJo.

Users contribute a small fee to this app with limited access by usernames and passwords. All relevant registration information is available and the National Survey and Registration also provide access to registration data through a simple application on the institution's homepage, the latter being a free application for the general public.

Cadastral changes are updated daily by transferring data to the Municipal Property Registry and Public Information Server, administered by the Danish Business and Construction Authority (EBST), maintaining a vast amount of property information in Denmark, allowing developers to Owners and businesses have free online access to their own data, making the Danish registration system able to serve significantly and bringing positive social impacts.

2.3. Registration in the Czech Republic

2.3.1. Historic

The foundations of the modern Czech Real Estate Registry were laid by a supreme patent of the Austrian Emperor Franz I in 1817 on property tax and land levy. Its basis was an accurate inventory and geodetic measurement of the entire earth, a so-called stable register. The stable record was based entirely on the scientific foundations of a series of large-scale maps. All measured land was represented and numbered as plots. The area of ​​the individual plots was determined from the area represented on the map. Most valid cadastral maps of the territory of the Czech Republic are today derived from stable register research documentation.

In 1927, through Law No. 177, the land registry and its maintenance (cadastral act) was adopted. The land tax register, officially transformed by the land register act, has become an indispensable part of all legal negotiation of real estate, and its original tax objective has begun to be transformed into a legal and general economic purpose. In 1964, the new Civil Code (Law No. 40/1964), the Real Estate Registration Act (RER) (Law No. 22/1964) and the Notary Code (Law No. 95/1963) entered into force. After the renewal of democratic politics in 1989 a new legal arrangement came into force, the Czech Real Estate Register (CRE), which is integrated into an instrument with the functions of the the former Registry of Land and ex-cadastre of Land.

2.3.2. Legal Aspects

In the Czech Republic, there is a centralized property register that represents a state-of-the-art state administration information system and contains real estate data from across the state called the Real Estate Master Information System (ISKN). Registration includes registration information (legal rights) and registration (technical part). The Property Registry is managed by 14 cadastral offices in 107 workplaces under the responsibility of the Czech Topography, Mapping and Cadastre Office. The central database is located in Prague and all digital information is stored there. The private sector is currently only involved in maintaining the register. Licensed surveyors create survey sketches used for updating cadastral maps.

The basic units of registration in the real estate registry of the Czech Republic are:

• Parcel: Identified by parcel number within a cadastral district. A piece of land with a unique identifier within a cadastral district where the building with its own building number can be located.

• Building: identified by the guidance / control number and part of the municipality or parcel in question - not part of the parcel.

• Unit: Flat - identified by the unit number and the building number in which it is located. The cadastral district is the area in which parcels, buildings, and units are numbered in one or two number lines. Together there are 13,079 cadastral districts represented in over 41,451 map cards.

The cadastral register of the Czech Republic contains the descriptive data file and the document file. The descriptive data file is the part of the cadastral documentation that contains data on cadastral districts, real estate, real estate rights, owners and other rights holders, namely in the case of an individual his or her first name, surname, surname of birth, date of birth, personal identification number and legal residence, in the case of a legal entity, his name, place and identification number. Document filing is the part of cadastral documentation that contains, inter alia, written forms of contracts, agreements and statements made in writing by the entity, (public deed) as well as other deeds that authenticate under the law the rights to the property and the documentation of names settlement and non-settlement areas.

In the Czech Republic the national land information system has its main parts updated at different frequencies: cadastral data is updated daily; Land survey data updated every 10 days, but not required prior to transfer of ownership; Registration unit address and owner address are constantly updated.

To achieve the highest quality and reliability of some property registration data, data from other state administration records is used as follows:

• Register of inhabitants (source is the Ministry of Interior) - data is updated continuously;

• Register of territorial identification of addresses (Ministry of Labor and Social Affairs) - the data are updated weekly;

• Administrative record of economic affairs (Ministry of Finance) - data is updated monthly in a batch mode.

Updating of cadastral maps is done exclusively by researchers or private companies, who are authorized to check research sketches based on which the update is performed.

2.3.3. Cartographic Aspects

Cadastral maps cover the entire territory of the state. Two main types are available and can be obtained online or as a copy of paper maps: digital cadastral map and raster-scanned cadastral map. The digital cadastral map contains a graphical representation of the current legal status. The rasterized cadastral map shows the status at the time of digitization and is scanned once a year.

Most cadastral maps are on the old 1: 1000,1: 2000 and 1: 2880 scales. Exceptionally they are in the 1: 2500 (1: 1250) and 1: 5000 scales. The cadastral map in digital vector format is only available in 1/3 of the Czech Republic area.

The coordinate reference system of the Czech Republic is S-JTSK, which consists of a flat geodetic grid coordinate system called the "jednotne trigonometricke site katastralni system - The Czech / Slovak Single Trigonometric Cadastral Network System".

2.3.4. Economic Aspects

In the Czech Republic Part the property registration technique and legal rights are administered together. Already the cadastral database in the Czech Republic today does not contain data on the value of real estate for taxation, but taxation has the following definitions:

• Property taxation is described in Law No. 338/1992 on property taxation. Refers to taxation of both parcels and building;

• The tax base of orders is the price of the parcel given in the application decree and ranges from 1 to 10 CZK per square meter. This tax must be paid quarterly, twice a year or annually.

• Building taxation is used not only for buildings, but also for apartments and non-residential facilities that qualify as units under the Apartment Ownership Act. This tax must be paid quarterly, twice a year or annually.

• Property transfer tax is stated in Law No. 357/1992 on death tax, gift tax and property transfer tax. This tax must be paid in case of paid transfers of real estate.

• Property purchase tax, flat or non-residential area is indicated in Law No. 586/1992. Income tax from the purchase of real estate included in commercial property is always required, which means that commercial property is always taxed.

• The gift tax is contained in Law No. 357/1992. This tax must be paid for unpaid (present) property transfers. The basis for this taxation is the administered price (is the price declared by the authorized appraiser) of the real estate. Taxation ranges from 1% to 40% of the property management price. The tax must be paid within 30 days of receipt of the tax assessment from the finance office.

2.3.5. Social Aspects

The Czech Republic Property Registration Information System form is accessible and open to the public. You can get all the information you need for a fee, while limited choice is free. Those who do not have online access can obtain the information and check the Real Estate Registration Statement on the table in all cadastral offices and since 2007 also in other places called CzechPOINT - in municipalities, post offices and others (www.czechpoint.cz). For those who have access online, there are more possible ways to get information from the property register.

Remote Access is a paid www service available at the following address: https://katastr.cuzk.cz, which allows online access to property registration data for registered users. Government and self-government bodies access this service free of charge.

Online products provided via remote access:

• Real Estate Registration Statement: Contains basic information about the owner, his / her ID, address of his / her permanent residence / seat and real estate information, and their legal relationships with those properties, including information on easements, mortgages.

• Information about the course of the process: contains information about the process participants (names and their roles buyer, carrier), object of the process and identification of the property in question.

• Copy of cadastral map: depicts the chosen area including the boundaries of the parcels and their building numbers and borders.

• Parcel / Building / Unit Information: Contains basic parcel / building / unit information. Means parcel / building / unit number, cadastral district name, county name, parcel area, landlord name, and permanent postal address).

• Minor control information: Contains coordinates of points of minor control chosen in the cadastral district.

In the Czech Republic there is also the property viewer viewer, which is a free service available to everyone, provided you know the number of the parcel or number of the building or apartment (unit) and the district or municipality and who wants to know The name of the owner of a special real estate. Information about the process is also available free of charge - the number of processes and the Registered Office responsible is sufficient to obtain the information. The search is also possible through the cadastral map according to the cadastral district and plot number or simply by finding the known plot directly on the map.

2.4. Registration in Italy

2.4.1. Historic

Italy is a country that has its division into 20 Regions, of which 15 have a general status and 5 have a special status to the detriment of their language and cultural functions of the communities present in those territories. The regions are subdivided into approximately 102 provinces, having approximately 8,100 municipalities, having considered 13 metropolitan areas with similar competences to those of the provinces. This division began historical with the Italian cadastre, which was an inventory of real estate present throughout the national territory. Initially it was based on two distinct registers: the first (horizontal) - called Nuovo catasto dei terreni, the New Land Register - comprising a list of all rural properties, and the second (vertical) - called Nuovo catasto edilizio urban, the Cadastro of New Urban Buildings - listing of buildings for civil, industrial and commercial use. These two registrations, established for civil and tax purposes, were implemented throughout the history of Italy until the creation of Law No. 133 of February 26, 1994, which united the information and provided a more complex cadastral information system in compliance with the following aspects. legal, economic, social and cadastral, thus providing integrated management and better use of land and its resources.

2.4.2. Legal Aspects

The Italian land registry is anchored by Law No. 133 of February 26, 1994, known as “The Urban Buildings Register”, which consists of a unified database that presents configurations analogous to the geometric (plan) and technical Land Register. and economic (technical-physical characteristics and income), thus favoring the process of land use management. The administration and management of the register is currently entrusted to Agenziadel Territorio. The Agency is a non-economic public body operating under the control of the Ministry of Economy and Finance and is endowed with extensive regulatory, administrative, asset management, organizational, accounting and financial autonomy. The Cadastre, therefore, is the responsibility of the Land Department, along with the real estate and rights and mortgage registrations.

The Italian cadastral information system comprises 4 data foundations: i) the cartographic database; ii) the land registry database (alphanumeric); iii) the Building Master database (alphanumeric); iv) the database of plans of urban real estate units. Obtaining the following configurations: i) The Building Registration database contains technical, physical, legal and economic information about each urban unit of a single property; ii) The plan database contains graphical representations (room distribution without different floor levels) of urban real estate units placed in each building; iii) the land registry database contains technical data, physical, legal and economic information on each parcel; iv) The cartographic database, with its cadastral maps, defines the form and location of the plot in the territory. The Law no. 68 of February 2, 1960 established the Administration of the Registry and Technical Revenue Services “Agenzia del Territorio” as one of the cartographic bodies of the Italian State using the following cadastral cartographic base: 1: 500 - 5,000 maps; 1: 1000 - 85,000 maps; 1: 1500 - 7000 maps; 1: 2000 - 216,000 maps, 1: 4000 - 23,000 maps; other scales - 3,000 maps. Having as representativeness: 1: 4,000 - 7%; 1: 5000 - 1%; 1: 1,000-2%, 1: 1,500-19% 1: 2,000-69%; totaling 339,000 map sheets (paper map whose default format is 70 x100). The Italian cadastral cartography, fully available in vector format, is managed through a single GIS application system called WEGIS (Web Enable GIS). The system allows to export data in different formats (DXF, CXF, CM L) and is updated in real time.

2.4.4. Economic Aspects

In Italy the applicable taxes and their due amounts are: Share Registration 11%, Urban Solid Waste 6%, Alienation Tax, Other Taxes 12%, Cadastral Tax 18% and Mortgage Tax 8%, Municipal Property, Natural Person and Tax Income from 18% to 27%. For the sale of real estate see Law no. 226, of December 23, 2005, which should be highlighted two important data: i) “fair value”, which is calculated based on the market value of the asset, which is weighted due to the social function of ownership and the existence of assignment agreement, and there may be the possibility of reducing the indemnity amount by 25% when justified social, cultural or economic need for the use of land or property. It may be added 10% of that value in certain situations, as an incentive for the public negotiation of the good to occur. Still, when the sale occurs in the agricultural area, the fair value takes into account the crop and well produced on the land. ii) housing plan, which must be drawn up strategic plans (regional, provincial, municipal or inter-municipal) for the implementation of social housing policy. All municipalities must guarantee a share of social housing for their territory and the largest must approve specific plans with areas for social housing, mirroring 40 to 70% of the estimated housing needs for the next 10 years, this use being safeguarded as use. that the fair price rule is applicable to the acquisition of areas for the installation of these housing developments.

2.4.5. Social Aspects

The “Agenzia del Territorio” offers online services for users: professionals and institutions (Municipal Authorities, Public Institutions), which can be accessed through the Internet. The database is available on the Public Connectivity System (SPC). All registration data consultation reports are free. Regarding the different types of users interested in cadastral information, the services provided by Agenzia del Territorio can be classified as follows:

• Services for individual users;

• Services for professionals, civil servants and companies;

• Services for municipal authorities and institutions.

3. Guidelines for the Multifinality Territorial Registration in Brazil

In Brazil, as in most countries, the register takes into consideration the parcel. However, in Brazil there are two types of registers, the rural and the urban (Brazil, 2009), and the rural has a larger and more advanced regulation and development when compared to the urban. Urban registration is the responsibility of municipalities, although few have already implemented it.

In 2003, the Ministry of Cities was created in Brazil, and then a working group was formed to elaborate the guidelines for the creation, establishment and updating of the Multifinal Territorial Register in Brazilian municipalities, implementing public policies that encouraged the implementation of multi-purpose cadastral systems. as a fundamental tool for the urban management of municipalities (AMORIM, 2018).

Ordinance 511/09 of the MINISTRY OF CITIES, (BRAZIL, 2009) establishes the guidelines for the creation, establishment and updating of the Multipurpose Territorial Register (CTM) in Brazilian municipalities and is an integral and fundamental part with regard to public planning policies. territorial. The CTM is defined as the official and systematic territorial inventory of the municipality and based on the survey of the boundaries of each parcel, which receives an unambiguous numerical identification.

The multifinality character of the register is only met if it contemplates, in its implementation, characteristics that enable the sharing of information with other institutions or even sectors of the public administration itself (CARNEIRO et al., 2010).

According to Art. 2 of Ordinance 511, cadastral parcel is “the smallest unit of the cadastral, defined as a contiguous part of the land surface with a single legal regime”. The concept of parcel assumes that there can be no overlap between units, much less gaps, must be contiguous and a property can have as many parcels as necessary.

The Multipurpose Territorial Register consists of three basic components: (i) archive of original field survey documents, such as sketches, spreadsheets, and survey equipment; (ii) literal (alphanumeric) data files for cadastral parcels, such as parcel identifier, technical attributes, area, owner name; and (iii) cadastral letter, which is the cartographic representation of the survey.

The CTM informs the physical reality of the property, which measures are in place, which often does not match the legal description presented by the real estate registry. This is largely due to the fact that real estate records until recently did not require technical criteria for acceptable topographic and geodetic surveys, but also because of irregular occupation of the properties.

According to Ordinance 511, the multi-purpose land register, when integrated with the land registry data, constitutes the Land Registry and Registration System - SICART.

The real estate registry, while also working with the parcel, holds legal property information such as landlord data, rights and restrictions. CTM presents information on location and size of the plot, as well as the boundaries of its demarcations (CARNEIRO et al., 2010). Note that the correlation of this information in SICART is only possible with the application of the unique numeric code for each parcel.

Already the art. 10 of Ordinance 511 deals with the cadastral survey, states that it should be referenced to the Brazilian Geodetic System - SGB, which is a network of geodetic landmarks whose coordinates are approved by official bodies, in the Brazilian case the IBGE and should have the highest possible accuracy. The guidelines also deal with the thematic register, which is formed by a set of information on a certain theme that coincides with the portion of the CTM. They are managed by various sectors of public administration or other institutions. Can be considered thematic registers the fiscal register, infrastructure, environmental, among others.

The art. 24 of Ordinance 511 of the Ministry of Cities states that the multipurpose land register, when integrated with the land registry data, becomes an important land regularization instrument, contributing to the territorial planning of the municipality, since it integrates the legal information real estate registration with the actual information resulting from CTM.

In order to effectively manage the territory, the CTM becomes an important tool as it can support the definition of measures that enable the development of the municipality, respecting the peculiar characteristics of each region.

4. Comparative Analysis Between the Registration Systems of the Different Countries

In order to synthesize the information and establish comparison standards between the chosen countries and Brazil, the following table was prepared (Table 1), which presents the framework of each country related to the legal, cartographic, economic and social aspects of the register.

Table 1- Framework of the registration aspects in the selected countries.

ASPECTS

GERMANY

ITALY

DENMARK

CZECH REP

DIRECT BRAZIL

LEGAL

There is a relationship between registration and real estate registration

yes

yes

yes

yes

yes

There is a relationship between the registry and other sectors of administration

yes

yes

yes

yes

yes

There is a registration body in the country

yes

yes

yes

yes

no/municipal

CARTOGRAPHIC

Mapping is analog

no

no

no

no

no

Mapping is digital

yes

yes

yes

yes

yes

Mapping includes land use information

yes

yes

yes

yes

yes

Registration update frequency

permanent

permanent

permanent

permanent

permanent

Cadastral mapping scale

1: 1.000

1:1.000; 1:2000; 1:5.000;

1:4.000

1:4000

1:1000, 1:2000 e 1:2880

1:2000

Coordinate system

UTM

UTM

UTM

Zone 32, EUREF89

S-JTSK

UTM

ECONOMIC

Registration supports / is related to land tax collection

yes

yes

yes

no

yes

There is a charge for access to registration information

partial

no

partial

partial

partial

SOCIAL

Citizens have access to registration information

yes

yes

yes

yes

yes

Through access, citizens can make comparisons of registered values.

yes

yes

yes

yes

yes

There is free access to registration information

partial

yes

partial

yes/ partial

yes/partial

Source: Authors, 2017

From the comparison of the cadastral aspects of the countries, it is possible to say that there is a convergence among all, with few differences. All countries have a relationship between property registration and registration information, the relationship between the registry and other administrative sectors, have a federal or state agency responsible for the subject, have digital mapping, with land use information, and scales 1: 5000 mapping and permanent update. From the economic point of view, with the exception of the Czech Republic, all countries have the register as support for the composition of amounts for tax collection, and with the exception of Italy, all, even partially, make some kind of charge for access. certain registration information, and only Italy offers total free of charge information. Although there is a charge in some countries, we highlight the fact that in all of them citizens have access to information.

Similarly it can be said that Brazil is directed in this direction, and although it differs because it does not have a federal or state body responsible for the cadastral system, being the municipalities responsible, presents Guidelines that guide and guide the municipalities to implement the Territorial Registry Multi-purpose in the same direction as the countries analyzed, considered developed and with consolidated cadastral systems. The biggest difficulty in Brazil is the implementation of registration, since the vast majority of municipalities do not even have technical capacity and face financial and organizational barriers to start the process of land registration.

Seeking an analysis based on the statements contained in the publication “Cadastro 2014 - a vision for a future cadastral system” (FIG, 1998):

1 - Register 2014 will show a complete picture of the legal status of the land, indicating both rights and restrictions.

2 - The separation between "maps" and "records" will disappear.

3 - The "cadastral maps" disappear.

4 - The pencil and paper register disappears.

5 - Registration 2014 will be mostly private. The public and private sectors work closely together.

6 - The investment made for the creation of the Cadastro 2014 may be recovered.

 

It is understood that all countries assessed are in one way or another directed to comply with such statements. In Brazil, the Guidelines for the creation, establishment and updating of the Multipurpose Territorial Register also guide Brazilian municipalities to comply with the “2014 Register” statements, although in practice little progress has been made.

5. Conclusions

The Guidelines that guide the land registry for urban areas in Brazil are quite similar to the existing consolidated systems of the analyzed European countries. What differs is that, for example, Germany, the cadastral system has a solid historical database and accumulated experience when compared to experiences in Brazil, as already stated by Figur (2011), presenting greater stability and reliability, with greater technical rigor. The same is true of Denmark, Italy and the Czech Republic. In addition, all of these countries work to comply with the “Cadastro 2014” guidance statements (FIG, 1998).

In case of Brazil, the problems of large cities and metropolitan regions, with constant spatial transformations and also of small municipalities, with the lack of technical capacity and budget allocations make territorial management difficult. As stated by Julião (2014), for the integrated management of the territory, it is necessary a set of articulated public policies that should create the basic conditions so that, through their instrumental components, the sustainable development of society and the democratization of the information of the territorial management, aiming at greater social participation. The implementation of the Multifinal Territorial Register can be an important instrument for Brazil to promote the planning and development of its territory and should therefore be treated as a priority by municipal governments.

Acknowledgments

Acknowledgments to reviewers, collaborators and to Coordination for the Improvement of Higher Education Personnel (CAPES) for the economic support.

Bibliographic References

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