Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
17 June 2010 [shall come
into force on 1 August 2010];
12 November 2015 [shall come into force on 1 January
2016];
23 November 2016 [shall come into force on 1 January
2017].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
Land Survey
Law
Chapter I
General Provisions
Section 1. The following terms are
used in this Law:
1) [17 June 2010];
2) land survey - within the meaning of this Law, the
legal, economic, and technical measures for rearranging or
dividing a section of the administrative territory of a local
government included in a land survey project;
3) [12 November 2015];
4) inter-area - a separately situated land parcel which
is separated from the main land parcel by land owned by another
person;
5) [12 November 2015];
6) type of land use - a characterisation of the land
area according to the natural qualities thereof and the current
economic utilisation of the land which conforms to the
classification of the types of land use.
[17 June 2010; 12 November 2015]
Section 2. The purpose of this Law is to promote the
arrangement of land properties, and also sustainable utilisation
of land resources, determining the types of land survey work, the
implementation procedures, and the rights and obligations of the
persons involved in land survey.
Section 3. Land survey shall include:
1) the development of a land survey project;
2) the specification of the types of land use.
Section 4. (1) Land survey work shall be performed by
certified persons whose civil liability regarding the
professional activity has been insured.
(2) A certificate for a performer of land survey work shall be
issued or the issuance thereof shall be refused, the validity of
the certificate shall be suspended or renewed, the term of
validity of the certificate shall be extended or the extension
thereof shall be refused, and the certificate shall be cancelled
by the certification authority authorised by the Cabinet.
(3) [23 November 2016];
(4) The procedures for issuing and registering a certificate,
suspending and renewing the validity of a certificate, extending
the term of validity of a certificate and cancelling a
certificate, the procedures for supervising the activity of
certified persons, the procedures for civil liability insurance
and the minimum amount for an insurance contract shall be
determined by the Cabinet.
(41) The Cabinet shall approve the price list for
paid services for the certification of performers of land survey
work, the extension of the term of validity of a certificate, and
the supervision of the activity of certified persons.
(5) The administrative acts issued by a certification
authority referred to in Paragraph two of this Section may be
contested at the State Land Service. The decision of the State
Land Service may be appealed to the District Administrative Court
in accordance with the procedures laid down in the Administrative
Procedure Law. The contesting or appeal of the decision shall not
suspend its validity and execution.
[17 June 2010; 23 November 2016]
Section 5. A land survey project
shall be proposed by:
1) a land owner or multiple owners in relation to their
properties or owners of structures after coordination with the
land owners, if the structures are superficiary and are
independent property objects;
2) a State institution of direct administration in relation to
the land under the jurisdiction of the State if it is necessary
in the State or public interest. The relevant land owner is
informed of the proposal, if the land survey project concerns the
land in his or her ownership;
3) a local government in relation to the land under its
jurisdiction, if it is necessary for the performance of the
autonomous functions of such local government. The relevant land
owner is informed of the proposal, if the land survey project
concerns the land in his or her ownership;
4) a State institution of direct administration or a local
government in relation to the immovable properties which are
intended to be alienated for public needs;
5) [17 June 2010];
6) boards of the protected territories in relation to
specially protected nature territories.
[17 June 2010]
Section 6. Land survey work, and also coordination and
approval of a land survey project shall be financed by the
initiator thereof. If the land survey work is initiated by
several persons referred to in Section 5, Clause 1 of this Law,
the co-financing share of each person shall be determined in
proportion to the land area in his or her ownership which is
included in the land survey project or by common accord.
[17 June 2010]
Chapter
II
Development of a Land Survey Project
Section 7. A land survey project and the amendments
thereto shall be developed in conformity with:
1) the spatial plan of the local government and the
requirements laid down in the laws and regulations regarding
spatial planning, utilisation, and building;
2) borders of a land parcel;
3) borders of a section of a land parcel.
[17 June 2010; 12 November 2015]
Section 8. (1) The land survey project shall be
developed for the following land survey work:
1) the liquidation of inter-areas or the exchange of sections
of land parcels by rearranging the borders of land parcels;
2) [12 November 2015];
3) the division of land parcels (also those in joint
ownership);
4) [12 November 2015];
5) [12 November 2015];
6) [12 November 2015].
(2) If a land parcel is divided or its border is changed when
developing a land survey project, the border of the territory
covered by the project shall correspond to the borders of the
existing land parcels. The border of the territory covered by the
project need not correspond to the borders of the existing land
parcels if several land survey works referred to in Paragraph one
of this Section are performed simultaneously.
(3) A land survey project need not be developed if:
1) a repeated cadastral survey is performed for a land parcel
or a section of land parcel, or cadastral survey is performed for
a section of land parcel;
2) two or more adjacent land parcels are merged and a local
government decision has been taken thereon.
(4) In the cases referred to in Paragraph three of this
Section a land survey project may be developed upon proposal of
the project initiator.
[17 June 2010; 12 November 2015]
Section 8.1 Amendments to a land survey
project shall be developed upon proposal of the project initiator
if changes to the land survey project concern a part of the
designed territory for which data of cadastral land survey have
not yet been registered yet in the State Immovable Property
Cadastre Information System after approval of the land survey
project.
[12 November 2015]
Section 9. (1) A land survey project for the land
survey work referred to in Section 8, Paragraph one of this Law
shall be developed in relation to that part of the administrative
territory of the local government which is included in the land
survey project (hereinafter - the designed territory) for which
laws and regulations or decisions of the local government council
do not provide for the development of a detailed plan.
(2) For the designed territory for which there is a valid
detailed plan, but also the land survey work referred to in
Section 8, Paragraph one of this Law must be performed, the land
survey project may be developed as a supplement to the detailed
plan in conformity with the conditions of this Law in relation to
the development of the land survey project.
[17 June 2010; 12 November 2015]
Section 10. (1) A land survey project shall consist of
an explanatory note and a graphic part. The procedures for the
development and approval of the land survey project and the
amendments thereto, the content thereof, the requirements in
relation to the explanatory note and graphic part, and also the
procedures for the handling of data and documents shall be
determined by the Cabinet.
(2) The graphic part of the land survey project shall be
formed in the Latvian Geodetic Coordinate System within a level
of detail necessary for the project.
[12 November 2015]
Section 11. (1) The interested owners shall participate
in the development of the land survey project by submitting their
proposals.
(2) If a land survey project is to be developed for a property
which is encumbered with credit liabilities, a written consent of
the creditor shall be required for the development of the
respective project, except for the case when the land survey
project is to be developed for an immovable property which is
intended to be alienated for public needs.
[17 June 2010]
Section 12. (1) A developer of the land survey project
has an obligation to assess the proposals of the persons referred
to in Section 11, Paragraph one of this Law and, within two
weeks, to inform them of compliance or rejection of these
proposals, indicating the grounds for rejection. The proposals
and replies thereto shall be registered and compiled in
conformity with the record-keeping provisions and shall be
appended to the land survey project.
(2) When developing a land survey project, the developer
thereof shall invite the persons involved in the implementation
of the project to the consultations regarding the submitted
proposals and the possibilities to carry them out.
Section 13. A land survey project shall not be
developed for land properties regarding which judicial
proceedings have been initiated and a pledge notation has been
entered in the Land Register or for which inheritance has been
revealed, except for the case when the land survey project is to
be developed for an immovable property which is intended to be
alienated for public needs.
[17 June 2010]
Section 14. The development of a land survey project
for the division of a land parcel in joint ownership into
separate properties shall be proposed by all joint owners thereof
or any one of them in order to separate the undivided share owned
by him or her into a separate property.
[17 June 2010]
Section 15. (1) Joint owners may not request the
division of a land parcel in joint ownership into actual shares,
if the section of the designed territory to be separated does not
conform to the territory utilisation and building regulations of
the local government, and also to the requirements laid down in
other laws and regulations.
(2) If a structure present in a land and structure joint
property is indivisible, the structure together with the land
parcel required for the maintenance thereof may be separated from
the joint property, if it conforms to the territory utilisation
and building regulations of the local government, and also to the
requirements of other laws and regulations. The abovementioned
land parcel with the structure shall remain within the joint
property, but the remaining part of the designed territory may be
divided into separate properties in accordance with the
provisions of Paragraph one of this Section.
[17 June 2010; 12 November 2015]
Section 16. When dividing a land parcel in joint
ownership, formation of inter-areas is not permissible.
[17 June 2010]
Section 16.1 (1) When developing a land
survey project for an immovable property which is intended to be
alienated for public needs, the section of the designed territory
to be separated and the part of the designed territory left over
after separation may form an inter-area and not conform to the
territory utilisation and building regulations of the local
government, and also to the requirements laid down in other laws
and regulations.
(2) The part of the designed territory left over after
separation may form an inter-area and not conform to the
territory utilisation and building regulations of the local
government, and also to the requirements laid down in other laws
and regulations only if a relevant agreement has been made
between the owner of the immovable property and the authority
which alienates the immovable property for public needs.
(3) In accordance with Paragraphs one and two of this Section
the part of the designed territory left over after separation
shall be big enough to allow it to be separated with boundary
markers.
[17 June 2010]
Section 17.
[17 June 2010]
Section 18. (1) After development of the land survey
project the land owners shall certify with their signature that
they agree to the implementation of the project, and also
coordinate the borders of the designed territory.
(2) A signature of land owners shall not be necessary for
coordinating the land survey project and the developer of the
land survey project shall include information in the land survey
project on the proposals and objections expressed by these
persons if:
1) the land survey project is proposed by a State institution
of direct administration or a local government in relation to the
immovable properties which are intended to be alienated for
public needs;
2) a court judgement has entered into effect regarding the
land survey project.
[17 June 2010]
Section 19. The local government shall approve the land
survey project and the amendments thereto by issuing an
administrative act.
[12 November 2015]
Section 20.
[12 November 2015]
Section 21. If the property included in the land survey
project has been encumbered with credit liabilities, transfer of
those credit liabilities to the newly formed property and
entering of the designed territory in the Land Register shall be
coordinated with the creditor, except for cases when the
immovable property included in the land survey project is
intended to be alienated for public needs.
[17 June 2010]
Section 22. (1) A land survey project and the
amendments thereto shall be implemented within four years after
approval of the land survey project. The land survey project
shall be implemented, if the designed territory has undergone a
cadastral survey, has been registered in the State Immovable
Property Cadastre Information System, and has been entered in the
Land Register.
(2) If the spatial plan of the local government is amended
during implementation of the land survey project, the land survey
project shall be implemented according to the spatial plan of the
local government which was in effect at the time of approval of
the land survey project.
[12 November 2015]
Chapter
III
Types of Land Use
Section 23. The entering and recording of the types of
land use in the State Immovable Property Cadastre Information
System shall be performed by the State Land Service in conformity
with the administrative territorial division.
[17 June 2010; 12 November 2015]
Section 24. The procedures for the categorisation of
the types of land use and the specification criteria thereof
shall be determined by the Cabinet.
Transitional
Provisions
1. Until initial entry of land in the Land Register, the local
government shall take the decision on division or merging of land
parcels to be formed according to the procedures of land
privatization and land reform or on rearranging of land borders,
in conformity with the spatial plan of the local government and
the requirements laid down in the laws and regulations regarding
spatial planning, utilisation, and building. The decision shall
be accompanied by a graphic annex indicating the solution for the
division or merging of land parcels or the rearranging of land
borders.
[12 November 2015]
2. By 1 December 2006 the Cabinet shall issue:
1) the regulations for the certification of land survey work
in accordance with Section 4 of this Law;
2) the regulations for the development of a land survey
project in accordance with Section 10, Paragraph one and Section
19, Paragraph one of this Law;
3) the procedures for the classification of the types of land
use and the specification criteria in accordance with Section 24
of this Law.
3. The licences for the performance of land survey work in
accordance with the procedures laid down in laws and regulations
shall be issued until 31 December 2007. The licences for the
performance of the land survey work which have been issued until
31 December 2007 shall be valid until the time period indicated
in the document, but not longer than 31 December 2010.
4. A person to whom the land use rights have been granted in
accordance with the law On Land Use and Land Survey, the law On
Land Reform in the Rural Areas of the Republic of Latvia, the law
On Land Reform in the Cities of the Republic of Latvia, the law
On the Completion of Land Reform in Rural Areas, the law On
Completion of Land Reform in Cities, and the law On Land
Ownership Rights of the State and Local Governments and
Corroboration Thereof in the Land Registers, shall submit a land
border plan to the Land Registry Office for recording of the land
ownership rights and shall not develop a land survey project.
5. The land under the jurisdiction of the State and local
government shall be entered in the Land Register in accordance
with the law On Land Ownership Rights of the State and Local
Governments and Corroboration Thereof in the Land Registers, a
land border plan shall be submitted to the Land Registry Office
for recording of the land ownership rights and the land survey
project shall not be developed.
6. In relation to the territory for which a spatial plan of
the local government has not been developed, but in which the
land survey work referred to in Section 8, Paragraph one of this
Law must be performed, the decision on the development of the
land survey project shall be taken by the local government.
[17 June 2010]
7. The Cabinet shall, by 31 December 2010, issue the
regulations referred to in Section 4, Paragraph four and Section
19, Paragraph three of this Law.
[17 June 2010]
8. If the local government decision on the development of the
land survey project for concretisation of encumbrances of the
immovable property specified in the spatial plan and other laws
and regulations applicable to the land parcel has been taken
before 1 August 2010, the development of the land survey project
shall be continued in accordance with the laws and regulations in
force.
[17 June 2010]
9. Section 4, Paragraph five of this Law and amendments to
Section 19 shall come into force on 1 January 2011.
[17 June 2010]
10. The Cabinet shall, by 1 June 2016, issue the Cabinet
regulations provided for in Section 10, Paragraph one of this
Law. Until the day of coming into force of the respective Cabinet
regulations, but not longer than until 1 June 2016, Cabinet
Regulation No. 288 of 12 April 2011, Regulations for the
Development of a Land Survey Project, shall be applicable,
insofar as they are not in contradiction with this Law.
[12 November 2015]
11. The Cabinet shall, by 30 April 2017, issue the Cabinet
regulations provided for in Section 4, Paragraph 4.1
of this Law.
[23 November 2016]
The Law shall come into force on 1 January 2007.
The Law has been adopted by the Saeima on 14 September
2006.
Acting for the President, Chairperson of
the Saeima I. Ūdre
Rīga, 3 October 2006
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)