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Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 13.11.2019.–30.11.2019.
Amendments not included: 11.10.2018., 02.05.2019.
Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

14 February 2008 [shall come into force from 18 March 2008];
12 June 2009 [shall come into force from 1 July 2009];
1 December 2009 [shall come into force from 1 January 2010];
17 June 2010 [shall come into force from 21 July 2010];
8 March 2012 [shall come into force from 11 April 2012];
30 October 2014 [shall come into force from 1 January 2015];
19 May 2016 [shall come into force from 9 June 2016];
10 November 2016 [shall come into force from 1 January 2017];
23 November 2016 [shall come into force from 1 January 2017];
18 May 2017 [shall come into force from 8 June 2017];
11 October 2018 [shall come into force from 1 December 2019];
2 May 2019 [shall come into force from 1 December 2019];
24 October 2019 [shall come into force from 13 November 2019].

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.

The Saeima1 has adopted and
the President has proclaimed the following law:

State Immovable Property Cadastre Law

Chapter I
General Provisions

Section 1.

The following terms are used in this Law:

1) cadastre number - an unambiguous, unique and unchangeable combination of figures (identifier) assigned to immovable property;

2) cadastral designation - an unambiguous, unique and unchangeable combination of figures (identifier) assigned to a land parcel, structure, building unit or a section of a land parcel;

3) cadastre data - the information entered into the State Immovable Property Cadastre Information System;

4) cadastre document - a document prepared and drawn up in the State Immovable Property Cadastre Information System which contains cadastre data;

5) cadastre information - the cadastre data and information of the documents from the archives of the State Land Service, used by the State Immovable Property Cadastre;

6) cadastre object - immovable property registered in the State Immovable Property Cadastre Information System as a set of property objects, as well as a land parcel, structure, building unit and a section of a land parcel;

7) cadastre subject - the owner of the cadastre object registered in the State Immovable Property Cadastre Information System or, if none, the lawful possessor and also the superficiary;

8) cadastral survey - the specification of the borders of a land parcel and section of a land parcel and the outline of a structure and building unit, obtaining of characterising data on the terrain, and the preparation of cadastral survey documents;

9) cadastral value - the value of a cadastre object in monetary terms, which is specified in accordance with single principles of mass appraisal on a certain date according to the cadastre data. The cadastral value shall not include forest stand value;

10) building unit - a set of premises which is structurally limited and consists of one or several premises with one or several exits to a common-use premise or to the outside and to which a specific function (type of use) has been designated in accordance with the procedures laid down in the laws and regulations governing construction;

11) land parcel - a demarcated plot of land registered in the State Immovable Property Cadastre Information System, to which a cadastral designation is assigned;

12) section of a land parcel - the territory of a land parcel registered in the State Immovable Property Cadastre Information System, including for rent purposes, which is not an independent immovable property object;

13) newly erected structure - a structure for which at least the zero cycle has been constructed until its putting into service in accordance with the requirements of the laws and regulations governing construction;

14) name of the immovable property - a title allocated to an immovable property in rural terrain and, if the land parcel or structure in the composition of the immovable property is not an object of addressing, to an immovable property in a city or territory of a village, by decision of the local government, other than the address.

[1 December 2009; 17 June 2010; 8 March 2012; 30 October 2014; 10 November 2016]

Section 2.

The purpose of the Law is to provide the society with current cadastre information regarding all immovable properties in the territory of the State, their objects, sections of land parcels and owners, lawful possessors, and users.

[1 December 2009; 11 October 2018]

Section 3.

(1) The State Immovable Property Cadastre (hereinafter - the Cadastre) is a unified registration system, which ensures the obtaining of data on immovable properties in the territory of the State, their objects, sections of land parcels and owners, lawful possessors, and users by effecting administrative, organisational and technological processes, as well as maintenance and use of the abovementioned data.

(2) In order to ensure operation of the Cadastre, the State Immovable Property Cadastre Information System (hereinafter - the Cadastre Information System) shall be maintained and improved.

(3) The Cadastre Information System is the State information system which contains official cadastre data. The manager and holder thereof is the State Land Service.

[1 December 2009; 17 June 2010; 8 March 2012; 11 October 2018]

Section 4.

(1) Textual and spatial cadastre data on the cadastre objects which are located in the territory of the State shall be registered and maintained in the Cadastre Information System, concurrently keeping the previously registered (historical) data.

(2) The spatial cadastre data shall be the cadastre map and the spatial data of the cadastral survey of a cadastre object.

[17 June 2010]

Section 5.

(1) The current cadastre data shall be used for cadastre operation and preparation of information. The last data registered in the Cadastre Information System in accordance with the procedures laid down in this Law shall be considered as the current cadastre data. A document containing updated cadastre data is in effect. A cadastre document shall lose its effect, if the cadastre data included in the document in the cases specified in Section 57 of this Law are updated.

(2) A cadastre subject has the right to verify the conformity of the data included in the cadastre documents with the documents on the basis of which cadastre data has been registered or updated.

(3) Upon a special request, historical cadastre data and information from the State Land Service archive documents shall be used for the preparation of cadastre information.

(4) The State authority which uses a cadastre document submitted by a person for taking a decision has the right to verify the conformity of the data included in the cadastre document with the actual cadastre data in the Cadastre Information System.

[17 June 2010; 8 March 2012]

Section 6.

(1) Immovable property within the meaning of this Law is an immovable property object (a land parcel or a structure) or a set of such objects (a land parcel and a structure) which in accordance with the norms of the law On the Entering of Immovable Property in Land Registers corresponds to the requirements for a separate section. A residential property or apartment, artist's workshop, unoccupied premise which has been transferred into ownership up to the privatisation of the residential house shall also be regarded as immovable property.

(2) The data of the Cadastre Information System on a person, composition of a property or immovable property object may differ from the data of the Land Registers up to the recording of changes in the Land Register, if they do not affect the rights to the immovable property corroborated in the Land Register. In such case the data of the Cadastre Information System shall be used for the drawing up of the immovable property, mass appraisal and calculation of the immovable property tax.

Section 7.

(1) Within the meaning of this Law, the following persons shall be recognised as the owner of an immovable property:

1) a person who corresponds to the concept of an owner determined in the Civil Law;

2) a person who is registered in the Cadastre Information System as the owner and has obtained the ownership rights to:

a) an apartment, artist's workshop or unoccupied premises which have been privatised until the privatisation of the residential house in accordance with the procedures laid down in the law On Privatisation of State and Local Government Residential Houses;

b) an apartment privatised or alienated in accordance with the procedures laid down in the law On Privatisation of Co-operative Apartments, the law On Privatisation of Agricultural Undertakings and Collective Fisheries, or in the Decision No. 171 of the Council of Ministers of the Latvian S.S.R. and Latvian Republican Trade Union Council of 24 July 1989, On Sale of Apartments and Houses of the State and Public Apartment Foundation to Citizens into Personal Ownership;

c) a structure by 5 April 1993 on the basis of the law On Renewal and Procedures for the Coming into Force of the Land Register Law of 22 December 1937;

d) the immovable property which in accordance with Section 1477, Paragraph two of the Civil Law is considered as immovable property on the basis of the Law, without recording in the Land Register.

(2) Within the meaning of this Law, the following persons shall be recognised as the lawful possessor of an immovable property:

1) a person who corresponds to the concept of a lawful possessor determined in the Civil Law, except in the cases referred to in Paragraph one of this Section;

2) a person who has obtained the immovable property within the scope of land reform which has not been recorded in the Land Register, if the land has been granted into ownership for payment or ownership rights thereto have been renewed by a decision of the authority specified by the law, except in the cases referred to in Paragraph one of this Section;

3) in relation to a structure - the person to whom the right to build has been granted under a contract, except for the contract granting the right of superficies.

(21) The rights and obligations of the owner of the immovable property or, if there is none, - the lawful possessor, specified in this Law shall be applicable also to the person who has been recorded in the Land Register as the superficiary in respect of a structure which is built on the basis of the right of superficies.

(3) Within the meaning of this Law, the following persons shall be recognised as a user:

1) to which an owner, a lawful possessor or, in cases specified in laws and regulations, a local government or a State authority has transferred the immovable property, an immovable property object or a section of a land parcel, except when it is done on a contractual basis;

2) which is entitled to initiate the specification of a structure, but has not submitted documents on the acquisition of the structure, except for a local government which initiates the specification of a structure for the needs of the immovable property tax.

[17 June 2010; 8 March 2012; 10 November 2016]

Section 8.

Updated cadastre information shall be used:

1) for the formation of new immovable property, specification of an immovable property object, a section of a land parcel, mass appraisal;

2) for the corroboration of ownership rights in the Land Register;

3) for the planning of the development and management of immovable property;

4) for the administration of the immovable property tax;

5) for the planning of the economic development, protection of territories and the environment, performance of land survey works, preparation of the State statistical information;

6) for ensuring the operation of other information systems.

Section 9.

(1) The purpose for the use of an immovable property and the land area within the scope of the purpose for the use shall be determined for a land parcel and a section of a land parcel or a planned land parcel and section of a land parcel. In accordance with the procedures stipulated by the Cabinet and the use specified in the spatial planning of the local government or legally commenced use, it shall be determined by:

1) the local government in the administrative territory of which the relevant land parcel and section of a land parcel is located, except for the case referred to in Clause 2 of this Paragraph of this Section;

2) the relevant State authority - for land parcels which are in the possession or use of the Ministry of Defence, the Ministry of the Interior, the Latvian Prison Administration or the State security institution.

(2) A local government has the right to survey a land parcel to specify the purposes for the use of an immovable property by notifying the cadastre subject thereof in advance.

(3) Classification of the purposes for the use of an immovable property and the procedures for the specification of the purposes for the use of an immovable property and change thereof shall be determined by the Cabinet.

[17 June 2010]

Chapter II
General Provisions for the Formation of a Cadastre Object

Section 10.

(1) The formation of a cadastre object is a process which includes specification of the immovable property object or a section of a land parcel and development of the immovable property by taking into account the requirements of this Law and other laws and regulations.

(2) Specification of an immovable property object or a section of a land parcel are activities which shall be performed by persons in order to register the immovable property object or a section of a land parcel in the Cadastre Information System or update the data on a registered immovable property object or a section of a land parcel.

(3) Formation of an immovable property are activities which shall be performed by persons in order to register a new immovable property as a set of immovable property objects which consists of one or several immovable property objects in the Cadastre Information System or to amend the composition of an immovable property.

Section 11.

(1) An immovable property object shall be determined for such immovable property which has been recorded in the Land Register. Only the immovable property which has been recorded in the Land Register shall be divided or merged. An immovable property object shall be specified or an immovable property shall be formed if the changes in the composition of the immovable property registered in the Cadastre Information System have been recorded in the Land Register.

(2) Paragraph one of this Section shall not apply to:

1) the land under the jurisdiction or in the ownership of the State or local government in cases specified in the laws and regulations governing land reform prior to the initial entering in the Land Register;

2) a newly erected structure, a structure not registered in the Cadastre Information System and the building units therein;

3) the case where the changes registered in the Cadastre Information System in the composition of the immovable property regarding the division or merging of a cadastre object or the division of a residential house into residential properties is not yet recorded in the Land Register and the division or merging of a cadastre object which conforms to the composition of the immovable property recorded in the Land Register is proposed.

(3) If the subject-matter of a transaction is part of a cadastre object, it shall be formed prior to making the transaction in accordance with the requirements of this Law. Formation shall not be performed for the undivided share of the cadastre object and the land parcels and the sections of land parcels referred to in Section 19, Clause 2 of this Law.

[17 June 2010; 18 May 2017]

Section 12.

Formation of a cadastre object, except for the proposal of the formation of a cadastre object, as well as the cadastral survey of a land parcel and a section of a land parcel, shall be performed by the State Land Service.

[17 June 2010]

Section 13.

(1) The owner of an immovable property, or if there is none - the lawful possessor or a cadastre subject has the obligation to initiate the specification of a structure, if the immovable property includes a structure that has not been registered in the Cadastre Information System or a structure registered in the Cadastre Information System which does not exist on the terrain. The cadastre subject has the obligation to initiate the updating of cadastre data of a cadastre object in the Cadastre Information System, if the composition of the immovable property or the data characterising the object of the immovable property have changed.

(2) A cadastre subject has the obligation to initiate the registration of a cadastre object or the updating of the cadastre data of the cadastre object in the Cadastre Information System within six months after expiration of the term of validity of a building permit, if a structure has been built or demolished or the structure, part of the structure or a building unit has been the renovated or reconstructed (except when the construction has not been commenced, legal proceedings have been initiated regarding the construction or the construction has been interrupted (suspended)]. The owner of an immovable property or, if there is none, the lawful possessor or a cadastre subject shall be liable for the failure to fulfil these obligations within the time period specified in accordance with the procedures laid down in laws and regulations.

(3) [30 October 2014]

[17 June 2010; 8 March 2012; 30 October 2014]

Section 14.

(1) A cadastre subject shall mandatorily initiate that a structure which is registered in the Land Register in accordance with the law On the Entering of Immovable Property in Land Registers or which is taxable with the immovable property tax in accordance with the law On Immovable Property Tax is specified as the object of an immovable property.

(2) The owner or, if there is none, - the lawful possessor, or, if there is none, - the user of the engineering structure which is taxable with the immovable property tax has an obligation to initiate the specification of such structure within three months after construction thereof.

[1 December 2009]

Chapter III
Specification of an Immovable Property Object or a Section of a Land Parcel

Section 15.

The specification of an immovable property object or a section of a land parcel shall be necessary in the following cases:

1) in order to take the following actions in the Cadastre Information System:

a) register a new immovable property object or a section of a land parcel;

b) delete an entry of the registered immovable property object or a section of a land parcel;

c) update the cadastre data on the registered borders of a land parcel or a section of a land parcel, outline of the structure or building unit or mutual location of structural elements;

2) in order to change or update the borders of the registered land parcel or a section of a land parcel on the terrain;

3) in order to make a transaction with the immovable property object;

4) in order to corroborate the ownership rights in the Land Register.

Section 16.

The following may be specified as an immovable property object:

1) a land parcel, except for:

a) a part of a land parcel which is added to an adjacent land parcel;

b) a section of a land parcel;

2) a structure, except for:

a) a structure which can be moved from one place to another without disassembling it or making other external damages thereto;

b) a temporary structure;

c) basement, attic, stairwells, communication system, equipment and other elements of common use present in the structure and connected with the exploitation of the structure, which cannot be detached functionally, if structural reconstruction has not been performed by modifying them as a building unit;

d) annexes, projections, engineered equipment and other constructions of the structure;

e) a fence, brick wall, rail bank, sleepers and tracks, vegetation covering the land surface, boundary sign, as well as other installations connected with the land parcel or structure;

3) a building unit, except for a premise within a separate building unit, if the building unit consists of several premises.

Section 17.

The following basic information shall be used for the specification of immovable property objects or sections of land parcels:

1) data of geodetic networks;

2) orthophotographs and topographic maps and plans;

3) cadastre information;

4) information of the State Unified Computerised Land Register;

5) information of other State or local government information systems.

[8 March 2012]

Section 18.

Specification of an immovable property object and a section of a land parcel shall include the following activities:

1) initiation of the specification;

2) [17 June 2010];

3) a cadastral survey (for a section of a land parcel - only when the initiator has indicated it in the application);

4) [17 June 2010];

5) calculation of the cadastral value;

6) registration or updating of the cadastre data on the immovable property object in the Cadastre Information System;

7) [17 June 2010].

[17 June 2010]

Section 18.1

(1) The following conditions shall be met in the process of the specification of an immovable property object:

1) apartment houses and land parcels of joint ownership belonging to residential properties shall not be divided into actual units;

2) when dividing immovable property objects that are under joint ownership, each new immovable property object shall, until corroboration of the ownership rights in the Land Register, be owned by the joint owners in the same undivided shares as the divided immovable property object;

3) if a structure under joint ownership that belongs to land owners is located on a land parcel under joint ownership and if the joint owners reach an agreement on such type of the actual division of the joint property which is also related to the division of the structure, such joint property shall be actually divided so that the land division line would conform to the structure division line formed by the vertical plane of the division of the first floor on the ground level, and each separated structure would be completely located within the boundaries of the separated land parcel;

4) the following shall be merged:

a) only immovable property objects of one type - a land parcel with a land parcel, a structure with a structure and a building unit with a building unit;

b) immovable property objects recorded in the Land Register that are located next to each other, forming one immovable property object;

c) immovable property objects belonging to several owners and recorded in the Land Register that are located next to each other, forming an immovable property object under joint ownership.

(2) Immovable property objects shall be merged, if land parcels have at least one common section of border, structures have at least one common external plane (wall), building units are in one structure and the planes delimiting the building units (walls or coverings) have a shared border on the horizontal or vertical plane.

[17 June 2010]

Section 19.

On the basis of a submission of the persons referred to in Section 24, Paragraph one, Clauses 1, 2, 3, 5, 6, 7, and 11 of this Law and in accordance with the conditions of laws and regulations and of Section 34 of this Law, the following shall be permitted in the Cadastre Information System:

1) to separate a registered immovable property object into several immovable property objects;

2) to add a part of a land parcel to an adjacent land parcel without forming a new land parcel;

3) to add one or several premises to an adjacent building unit, without forming a new building unit, if the premises are in one structure and the planes delimiting the building units (walls or coverings) have a shared border on the horizontal or vertical plane;

4) to merge several immovable property objects of the same type into one immovable property object.

[17 June 2010; 8 March 2012]

Section 20.

A new immovable property object shall be specified in the following cases:

1) the new immovable property object which is separated from the registered immovable property as a result of separation (the outline or amount of the registered immovable property object to be separated shall be changed at the same time);

2) a newly erected structure, a structure not registered in the Cadastre Information System and the building units present therein.

Section 20.1

A cadastral survey need not be carried out:

1) if an engineering structure is registered on the basis of the submitted executive measurement data;

2) if in accordance with the division provided for in the laws and regulations governing the area of construction a building of the first group is registered on the basis of the submitted declaration;

3) for a section of a land parcel.

[11 October 2018]

Section 21.

An entry regarding an immovable property object shall be deleted from the Cadastre Information System in the following cases:

1) the immovable property object registered as a result of merging is added to another registered immovable property object (concurrently the outline or amount of the merged registered immovable property object is changed) and data is updated in the Cadastre Information System;

2) a structure is recognised as non-existent on the terrain in accordance with the procedures laid down in laws and regulations.

[17 June 2010; 8 March 2012]

Section 22.

In order to ensure the specification of an immovable property object, the Cabinet shall determine:

1) the documents which the persons referred to in Section 24 of this Law shall submit to the State Land Service in order to commence the process for the specification of the immovable property object or section of a land parcel;

2) the use of the documents at the disposal of the State Land Service;

3) the procedures for the cadastral survey of an immovable property object and a section of the land parcel (including structures and sections of an immovable property object or land parcel conforming to the status of an official secret the specification of which has been initiated by a local government), the characterising data, the accuracy of measurements, the permissible closure error of measurements, the content of the cadastral survey documents, as well as the procedures for the agreement thereupon and extent thereof;

4) the marking of the boundaries of an encumbrances immovable property object and the calculation of area in the documents of land cadastral survey;

5) the procedures for the storage of immovable property files and other cadastre documents;

6) the time limits within which the cadastral survey of a structure shall be carried out and the cadastral survey documents of land and structures shall be submitted for registration to the Cadastre Information System;

7) the procedures for correcting cadastral survey data and documents.

[17 June 2010; 8 March 2012]

Section 23.

Specification of an immovable property object or a section of a land parcel shall be completed after the immovable property object or the section of the land parcel is registered in the Cadastre Information System and the specification documents are transferred to the archives of the State Land Service.

Section 24.

(1) Specification of an immovable property object shall be initiated by:

1) the owner of the immovable property or, if none, the lawful possessor or the cadastre subject;

2) a State authority or the local government for land under the jurisdiction thereof or owned thereby in accordance with the law On Land Ownership Rights of the State and Local Governments and Corroboration Thereof in the Land Registers;

3) the local government - in relation to the land intended for the completion of land reform;

4) the owner of the immovable property or, if none, the lawful possessor who has submitted a document on the establishment or termination of a servitude - in relation to the registration of an encumbrance on the immovable property in the Cadastre Information System;

5) the person who has expressed a wish to accept an inheritance in the submission to a sworn notary, presenting an extract of the submission - in relation to a structure or a building unit without the right to initiate the deletion of the structure;

6) the person to whom such rights or obligations have been determined by a court;

7) a State authority or the local government on which the obligation to record the alienated immovable properties in the Land Register has been imposed by the law on the alienation of the respective immovable property for public needs - in relation to the separated (alienated) and remaining (not alienated) immovable property object;

8) the land owner - in relation to structures without a known owner which are located on the land thereof, or structures non-existent in the area and without a known owner registered under its name in the Cadastre Information System;

9) the person in whose name the sold immovable property must be corroborated under a court decision (approval of the immovable property auction act) - in relation to deletion of an entry on a structure registered in the Cadastre Information System in the composition of the acquired immovable property, but non-existent in the area;

10) in case of joint property any of the owners of the immovable property or, if none, lawful possessors or cadastre subjects - in relation to the first registration of a structure in the Cadastre Information System without the right to initiate the division and merging of a structure or deletion of the entry on the structure, as well as in relation to updating the data specified in Section 57.1 of this Law;

11) another person for whom such right has been provided in the law;

12) the person who uses the engineering structure and submits the declaration of the engineering structure data, if no owner or lawful possessor of the engineering structure is registered.

(2) Specification of a section of a land parcel shall be initiated by:

1) the cadastre subject;

2) a State authority or the local government for land under the jurisdiction thereof or owned thereby in accordance with the law On Land Ownership Rights of the State and Local Governments and Corroboration Thereof in the Land Registers;

3) the local government - in relation to the land intended for the completion of land reform.

(3) The local government, if it is not the cadastre subject, has the right to initiate the specification of an immovable property object or such section of a land parcel which, in accordance with the law On Immovable Property Tax is taxable with the immovable property tax.

(4) If land cadastral survey is carried out, the documents of land cadastral survey for registering a cadastre object or for updating the data in the Cadastre Information System shall be submitted and documents shall be received by the cadastral surveyor of the land on the basis of a submission of the persons referred to in Paragraph one, Clause 1, 2, 3, 4, 6, 7, 10, and 11, Paragraphs two and three of this Section. In the case of evaluating and updating the borders of a land parcel or a section of a land parcel, the submission of the abovementioned person for the updating of cadastre data shall not be submitted.

(5) The Cabinet shall determine the cases in which a submission submitted within the scope of a construction process shall be concurrently considered also the submission of the persons referred to in Paragraph one of this Section to initiate the specification of a cadastre object, the formation of an immovable property or amending its composition.

(6) If the submission for registering a cadastre object or for updating the cadastre data is submitted by using a specific electronic service designed for this purpose, the submitter shall be identified by using the means of electronic identification available in that electronic service. The submission which has been submitted this way need not be signed with a secure electronic signature. The documents or data specified in laws and regulations shall be submitted together with the submission.

(7) The conditions laid down in Paragraph six of this Section shall not apply to the cases specified in Paragraphs four and five of this Section and also in Section 60.2 of this Law.

[8 March 2012; 30 October 2014; 10 November 2016; 11 October 2018]

Section 24.1

[11 October 2018]

Section 25.

[17 June 2010]

Section 26.

(1) In carrying out a cadastral survey of a land parcel or a section of a land parcel:

1) the borders of the immovable property object marked in the detailed plan or land survey project or the borders of the section of a land parcel planned in the land border plan shall be installed in the locality;

2) the borders of the land parcel and the section of a land parcel, the situation elements shall be surveyed in the LKS-92 geodesic co-ordinate system of Latvia, the data characterising the land parcel and a section of the land parcel shall be calculated, cadastral survey documents shall be prepared, and the plan of encumbrances of the land parcel and the section of a land parcel or information regarding non-existence of encumbrances shall be co-ordinated with the local governments in the cases stipulated by the Cabinet;

3) the borders of encumbrances of the immovable property object and data characterising the encumbrance shall be presented in the documents of land cadastral survey.

(2) A detailed plan is not necessary if the cadastral survey of a land parcel or a section of a land parcel is repeated or if a section of the land parcel is cadastrally surveyed. A land survey project shall not be necessary in the cases specified in the Land Use Planning Law.

(3) When carrying out the cadastral survey of a structure and a building unit, the external outline of the structure and the building unit shall be surveyed in the LKS-92 geodesic co-ordinate system of Latvia, cadastral survey documents shall be prepared, the data characterising the construction and the building unit shall be calculated.

(4) In the cases specified in laws and regulations individual cadastral survey activities may also be performed.

[17 June 2010; 8 March 2012]

Section 27.

The area of a land parcel registered in the Cadastre Information System and fixed in the locality with boundary signs, which has been specified in accordance with graphic methods within the locality, may differ from the area specified in the cadastral survey if one and the same border points have been surveyed. In such case the data shall be updated in the cadastral survey documents and in the Cadastre Information System in accordance with the area specified in the cadastral survey.

[17 June 2010]

Section 27.1

Registration, updating and deletion of the territory of the servitude of right of use of buildings and water and servitude of right of way shall be proposed at a district (city) court by submitting a request for corroboration regarding the corroboration, change or extinguishing of the respective servitude or security of such right, if:

1) a land parcel is recorded in the Land Register;

2) in the case of deletion, the servitude right or security of such right is recorded in the Land Register.

[11 October 2018; 2 May 2019]

Section 28.

The classification of the encumbrances on an immovable property object shall be determined by the Cabinet.

[30 October 2014]

Section 29.

(1) The cadastral survey of the land shall be carried out by a certified person the civil liability of which regarding the professional activity is insured.

(2) A certificate for a cadastral surveyor of land shall be issued, or the issuance thereof shall be refused, the validity of the certificate suspended or renewed, the term of validity of the certificate 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 and cancelling a certificate, supervising activities 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 the persons carrying out land cadastral surveys, extension of the term of validity of a certificate and supervision of the activities of certified persons.

(5) The administrative statements 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 a decision shall not suspend its validity and execution.

[17 June 2010; 23 November 2016]

Section 30.

The cadastral survey of a structure and building unit shall be carried out by the State Land Service.

Section 31.

The person performing specification of an immovable property object or a section of a land parcel has the right:

1) to survey the borders and territory of the land parcel, enter into structures and building units, as well as take other measures necessary for the specification of the immovable property object or the section of the land parcel, notifying the owner of the immovable property or, if none, the lawful possessor or cadastre subject, if another person has initiated the specification;

2) to perform specification activities on the adjacent land parcel, notifying the relevant cadastre subject of the intended activities;

3) to invite representatives of law enforcement or order guarding authorities, if the specification of the immovable property object or the section of the land parcel is interfered with.

[8 March 2012]

Section 31.1

The owner of an immovable property or, if none, the lawful possessor has an obligation to ensure access to the immovable property object or the section of a land parcel to be surveyed upon a request of the person carrying out the cadastral survey of land, a structure or a building unit.

[17 June 2010]

Section 31.2

The person carrying out land cadastral survey has an obligation to ensure the accumulation, storage, accessibility and use of the documents specified in the laws and regulations governing land cadastral survey, as well as to issue copies, extracts and true copies of documents to the person.

[8 March 2012]

Chapter IV
Formation of an Immovable Property, Amendment of its Composition and Deletion of an Entry on the Immovable Property in the Cadastre Information System

Section 32.

(1) Immovable property shall be formed and the content thereof shall be amended in accordance with the procedures laid down in laws and regulations.

(2) Immovable property shall be formed only from those immovable property objects which have been specified in accordance with the requirements of this Law.

(3) The formation of an immovable property and amendment of its composition shall be initiated by the persons referred to in Section 24, Paragraph one, Clauses 1, 2, 3, 5, 6, 7, 9, 10, and 11 and Paragraph three of this Law, by submitting a submission. In the case referred to in Section 24, Paragraph four of this Law, the submission of the person together with cadastral survey documents shall be submitted to the State Land Service by the cadastral surveyor of the land.

[17 June 2010; 8 March 2012]

Section 32.1

(1) The formation of an immovable property and amendment of its composition in respect of an immovable property object registered in the Cadastre Information System shall be proposed at district (city) court if the immovable property is recorded in the Land Register or an independent structure property is to be formed.

(2) The provisions laid down in Paragraph one of this Section shall not be applied in the case of the formation of a residential property or amendment of its composition.

(3) If an immovable property object is not registered in the Cadastre Information System or does not conform to the requirements laid down in the laws and regulations regarding the recording of the immovable property in the Land Register, the registration of an immovable property object or updating of the cadastre data in the State Land Service shall be proposed first.

[11 October 2018; 2 May 2019]

Section 33.

Immovable property shall be formed by:

1) forming a new immovable property;

2) dividing registered immovable property into several of immovable properties;

3) merging registered immovable properties into one immovable property;

4) amending the composition of the registered immovable property by separating an immovable property object therefrom;

5) amending the composition of the registered immovable property by adding an immovable property object thereto.

[17 June 2010]

Section 34.

(1) Upon the choice of the person referred to in Section 24, Paragraph one, Clauses 1, 2, 3, 5, 6, 7, 10, and 11 and Paragraph three of this Law, the State Land Service shall, in accordance with laws and regulations, include the following immovable property object or set of immovable property objects in the composition of the immovable property in one of the following cases:

1) the land parcels present in one administrative territory and the structures thereon owned by the landowner;

2) the structures present in one land parcel as an independent immovable property in the cases specified in Section 14 of the law On the Time and Procedures for the Coming into Force of the Introduction, Inheritance Law and Property Law of the Renewed Civil Law of 1937;

3) the building units in one residential house which have a shared border on the horizontal and vertical side, together with an undivided share of the joint property.

(2) If the land on which there is an apartment house registered in the Land Register and separated in apartment properties as independent immovable property, is obtained by the owners of apartment properties in the apartment house in the cases specified in laws and regulations, the obtained joint land property shall be determined as an undivided share of the joint property included in the composition of the apartment property.

(3) The particular object of the property shall be formed as an apartment property and undivided share of the object of joint property.

[17 June 2010; 8 March 2012]

Section 35.

If the land parcel and structures belonging to the landowner are registered in the Cadastre Information System as a single immovable property, then, when dividing the immovable property, the structure shall not be separated from the land parcel on which it is located.

Section 36.

(1) An entry on an immovable property shall be deleted from the Cadastre Information System, retaining information regarding the immovable property object if information regarding the deletion of the immovable property from the State Unified Computerised Land Register has been received. An entry on an immovable property object shall be deleted in the cases specified in Section 21 of this Law.

(2) When merging all properties within one residential house in one immovable property, all entries on the apartment properties in the residential house in the Cadastre Information System shall be deleted after receipt of the information from the State Unified Computerised Land Register.

[17 June 2010]

Section 37.

When forming a new immovable property or deleting the entry on the immovable property, the composition of the registered immovable property to which the immovable property or the immovable property object is added or from which it is separated, shall be amended concurrently, as well as the data characterising it, and the data shall be updated in the Cadastre Information System.

Chapter V
Registration of a Cadastre Object

Section 38.

The immovable property object and the section of the land parcel specified during the process for the formation of a cadastre object, and the formed immovable property shall be registered in the Cadastre Information System.

Section 39.

[17 June 2010]

Section 40.

A cadastre object shall be registered in the Cadastre Information System by assigning an identifier (Section 61), entering the information from the specification documents and other State or local government information systems.

[8 March 2012]

Section 41.

(1) The cadastre objects shall be displayed spatially on the cadastre map.

(2) Border data of the immovable property objects or sections of a land parcel may be aligned in the cadastre map according to the cadastral survey documents in accordance with the procedures laid down in laws and regulations.

[17 June 2010]

Section 42.

Registration of a cadastre object in the Cadastre Information System shall include:

1) pre-registration of the cadastre object in the cases specified in laws and regulations;

2) registration of the information provided in the specification documents of the cadastre object;

3) recording of the information from other State or local government information systems (also in electronic form);

4) preparation of the declaration regarding the registration of the cadastre object in the Cadastre Information System.

[8 March 2012; 30 October 2014]

Section 43.

As a result of pre-registration in the Cadastre Information System:

1) a cadastral designation shall be assigned to the cadastre object;

2) initial information regarding the cadastre object shall be entered.

[17 June 2010; 8 March 2012; 30 October 2014]

Section 44.

(1) The following shall be performed in the Cadastre Information System regarding an immovable property object:

1) the following information shall be registered and maintained in accordance with the documents for the specification of the immovable property object:

a) the cadastral designation;

b) the cadastral survey data (including the area, type of land use, borders, precision thereof);

c) purposes for the use of the immovable property and areas within their scope;

d) encumbrances on an immovable property object determined on the basis of law and the territory of the servitude of right of use of buildings or water or servitude of right of way;

e) mass appraisal data,;

f) indication to the immovable property in which the immovable property object is included;

g) indication to the section of the land parcel;

2) the data provided by the persons referred to in Section 84 of this Law:

a) data on forest stands;

b) the address of the immovable property object;

c) [1 December 2009].

(2) In addition to the data referred to in Paragraph one of this Section the following information shall be entered:

1) the details of the document from which the information is entered;

2) the registration number in the archive of the file of the immovable property object;

3) the date of information registration;

4) information regarding the owner of the immovable property or, if none, the lawful possessor if in the cases referred to in Section 20, Clause 2 of this Law a new immovable property object is specified and the immovable property is not formed in accordance with the procedures laid down in Section 33 of this Law;

41) information regarding the lawful possessor of a structure, if the person referred to in Section 24, Paragraph one, Clause 8 of this Law, on the basis of Section 14, Paragraph four of the law On the Time and Procedures for the Coming into Force of the Introduction, Inheritance Law and Property Law of the Renewed Civil Law of 1937 and Section 968 of the Civil Law, submits documents regarding the lawfulness of construction and a statement from the local government that the structure has not been registered with the local government in the name of another person until 5 April 1993 in accordance with the Law on Renewal and Procedures for Coming into Effect of the Land Register Law of 22 December 1937;

42) information regarding the superficiary if the structure is built on the basis of the right of superficies;

5) other information specified in laws and regulations necessary for ensuring the operation of other State registers.

[1 December 2009; 17 June 2010; 8 March 2012; 10 November 2016; 11 October 2018]

Section 45.

[17 June 2010]

Section 46.

After performance of the activities specified in Section 44 of this Law, the cadastral value of the immovable property object shall be calculated (Section 71) and registered in the Cadastre Information System.

Section 47.

The information referred to in Section 44 or 50 of this Law shall be entered in the Cadastre Information System regarding:

1) [11 October 2018];

2) the immovable property object owned by the State or local government and transferred into use, indicating the user.

[1 December 2009; 11 October 2018]

Section 48.

Upon a request of a cadastre subject, the information referred to in Section 44 of this Law shall be entered in the Cadastre Information System regarding an immovable property object transferred into use, but in respect to a section of a land parcel - the information referred to in Section 50 of this Law, indicating the user.

[8 March 2012; 11 October 2018]

Section 48.1

(1) Information regarding the change of the lawful possessor shall be registered in the Cadastre Information System if as a result of the transaction the structure which should not be recorded in the Land Register as an independent property object is acquired by another person. Information shall be recorded on the basis of a submission of the cadastre subject or acquirer, to which a document of transaction in the form of a notarial act or with a signature certified by a notary or Orphan's and Custody Court has been appended. If the submission is submitted by a person authorised by the owner, a power of attorney with a signature certified by a notary or Orphan's and Custody Court shall be appended to the submission.

(2) In the Cadastre Information System, the note regarding obstacles to record information regarding change of the lawful possessor shall be recorded or deleted for a structure which should not be recorded in the Land Register as an independent property object on the basis of a court ruling, an application of the administrator of insolvency proceedings, a request of a sworn bailiff, a decision of the tax authority or a decision of the person directing the criminal proceedings.

[30 October 2014]

Section 48.2

Information regarding the lawful possessor of a structure which has been included in the Cadastre Information System in the composition of an immovable property recorded in the Land Register, but has not been recorded in the Land Register, shall be recorded in the Cadastre Information System after information regarding the owner of the immovable property has been received from the State Unified Computerised Land Register.

[30 October 2014]

Section 49.

[17 June 2010]

Section 50.

Registration of a section of a land parcel in the Cadastre Information System shall include:

1) assigning of the cadastral designation;

2) registration of the cadastral survey data;

3) registration of the cadastral value.

Section 51.

New immovable property shall be registered in the Cadastre Information System by forming it from the immovable property objects registered in this system, which are not included in the composition of any immovable property or changing the composition of the immovable property registered in the Cadastre Information System in accordance with Section 33, Clauses 2 and 4 of this Law.

[17 June 2010]

Section 52.

Registration of an immovable property in the Cadastre Information System shall include:

1) assigning of the cadastre number;

2) registration of the additional information provided in the specification documents of the immovable property object;

3) inclusion of the immovable property object in the immovable property;

4) preparation of the certification of the registration of the immovable property in the Cadastre Information System.

Section 53.

The following shall be entered in the Cadastre Information System on an immovable property:

1) the following information shall be registered and maintained in accordance with the documents for the formation of the immovable property object:

a) the cadastre number;

b) the name of the immovable property if the local government has allocated such;

c) the undivided share owned by the cadastre subject;

d) the undivided shares of a joint property of an apartment property;

e) indication to the immovable property object in the composition of the immovable property;

2) the information provided by the persons referred to in Section 84 of this Law:

a) regarding the cadastre subject;

b) [1 December 2009];

c) regarding the registration of the ownership rights in the Land Register, the composition of the immovable property and encumbrances on the immovable property object;

d) [1 December 2009];

3) in addition to the information referred to in Clauses 1 and 2 of this Section the following shall be entered:

a) the details of the document from which the information is entered;

b) the registration number in the archive of the file of the immovable property;

c) the date of information registration;

d) other information specified in laws and regulations necessary for ensuring of the operation of other State registers.

[1 December 2009; 17 June 2010]

Section 54.

After performance of the activities referred to in Section 52, Clauses 1 and 3 of this Law, and registration and entering of the information referred to in Section 53 of this Law in the Cadastre Information System, the State Land Service shall determine and register:

1) the cadastral value;

2) the assessment in the cadastre.

Section 55.

(1) Cadastre object and cadastre data shall be registered, as well as the cadastre data shall be updated by the State Land Service.

(11) [11 October 2018]

(2) [11 October 2018]

(3) The State Land Service shall take the decision to refuse the registration of the cadastre object or cadastre data or the updating of the cadastre data in the following cases:

1) the documents submitted or presented do not contain the information necessary for the registration of the cadastre object or cadastre data or updating the cadastre data;

2) the information of the documents submitted or presented are in contradiction with the data of information systems maintained by the State Land Service or the information in the documents from the archives of the State Land Service;

3) the information of the documents submitted or presented are in contradiction with the data of another State or local government information system.

(4) [11 October 2018]

[17 June 2010; 8 March 2012; 30 October 2014; 11 October 2018]

Section 56.

A person is entitled to resubmit documents, if the reasons for refusal have been eliminated.

[17 June 2010]

Section 57.

The cadastre data shall be updated in the Cadastre Information System in the following cases:

1) the persons referred to in Section 24, Paragraphs one, two and three of this Law submit a document regarding changes in the cadastre object, if cadastral survey of land or structure is not carried out;

11) in the case referred to in Section 24, Paragraph four of this Law, the cadastral surveyor of the land submits a submission of the persons referred to in Section 24, Paragraph one, Clauses 1, 2, 3, 4, 6, 7, 10, and 11, Paragraphs two and three of this Law together with documents of land cadastral survey;

12) in the case referred to in Section 24, Paragraph four of this Law, in respect of the performed assessment and updating of the borders of a land parcel or a section of a land parcel, the cadastral surveyor of the land shall submit documents of land cadastral survey;

2) the State authority or local government provides the information regarding cadastre objects or cadastre subjects in an electronic format in the cases specified in laws and regulations, including from the State or local government information systems;

3) the State authority or local government provides the information in the form of documents in the cases specified in laws and regulations, except for the cases referred to in Clauses 1 and 1.1 of this Section.

[8 March 2012; 18 May 2017]

Section 57.1

If the immovable property is under joint property, any owner of such immovable property or, if none, lawful possessor or cadastre subject may propose that the following data is updated in the Cadastre Information System:

1) the name of the immovable property;

2) the purpose for the use of the immovable property;

3) the address of the cadastre object;

4) the encumbrance on the cadastre object;

5) the type of use of the land, submitting an updated situation plan;

6) physical depreciation of the structure;

7) the main type of use of the structure;

8) the type of the structure;

9) the type of use of the building units;

10) data of the cadastre object, indicated in the act regarding acceptance of the structure into service.

[8 March 2012]

Section 58.

Revoked cadastre numbers and designations shall not be used repeatedly.

Section 59.

Categorisations and classifications approved in accordance with the procedures laid down in laws and regulations shall be maintained in the Cadastre Information System for ensuring of the operation thereof, organisation, recording, registration, mass appraisal of cadastre objects and cadastre data, as well as local categorisations and classifications shall be created and maintained.

Section 60.

The Cabinet shall regulate the registration of a cadastre object and updating of cadastre data which includes:

1) principles for the creation of the identifier for a cadastre object, procedures for its granting and classification;

2) procedures by which the identifier of the persons referred to in Section 65, Paragraph two of this Law shall be granted or changed in the Cadastre Information System;

3) content of cadastre data and procedures for its correction and maintenance;

4) procedures for the creation of a cadastre map, content of data to be displayed, procedures for its displaying and maintaining, and permissible non-binding limits, aligning the border data of the immovable property object or section of a land parcel;

5) procedures for the registration and updating of the encumbrances on the immovable property object;

6) [1 December 2009];

7) procedures by which the entry on the cadastre object is deleted from the Cadastre Information System;

8) criteria, procedures and documents to be submitted for the registration of a cadastre object and updating of cadastre data.

[1 December 2009; 17 June 2010]

Chapter V1
Co-operation with Land Register in the Process of the Registration of a Cadastre Object

[11 October 2018]

Section 60.1

(1) A request for corroboration to the Land Register shall be concurrently the submission for the registration of the cadastre object or the cadastre data or updating of the cadastre data in the Cadastre Information System, if the following is requested under it:

1) to record a structure registered in the Cadastre Information System as an independent structure property;

2) to divide an immovable property into independent properties, including there immovable property objects registered in the Cadastre Information System;

3) to form a new immovable property from the immovable property objects included in the composition of several immovable properties;

4) to corroborate or amend the servitude of right of use of buildings and water and servitude of right of way, if the graphic representation of the servitude territory has been appended to the request;

(2) After receipt of a request for corroboration and the documents attached thereto from the State Unified Computerised Land Register and after payment for the receipt of services, the State Land Service shall register the cadastre object or cadastre data, shall update cadastre data or shall take the decision to refuse the registration of the cadastre object or cadastre data or updating of cadastre data and shall notify the State Unified Computerised Land Register thereof.

[11 October 2018]

Section 60.2

(1) The submission to the Sate Land Service for the registration of the cadastre object or cadastre data or updating of cadastre data shall be concurrently considered as a request for corroboration to the Land Register, if the owner (in case of a joint property all joint owners) proposes:

1) division or merging of land parcels registered in the Cadastre Information System and recorded in the Land Register in the composition of one immovable property;

2) registration of the engineering structure put into service on the basis of the submitted executive measurement data in the composition of an existing immovable property;

3) registration of a building of the first group in accordance with the division provided for in the laws and regulations governing the area of construction on the basis of a submitted declaration in the composition of the immovable property;

4) deletion of a structure on the basis of the document issued by the authority provided for in the laws and regulations governing the area of construction that attests to the non-existence of the structure, if the structure is not the only immovable property object recorded in the Land Register.

(2) In the cases referred to in Paragraph one of this Section, the submission shall be addressed to the State Land Service and district (city) court, and shall be submitted to the State Land Service, but in the case referred to in Paragraph one, Clause 1 of this Section - to the cadastral surveyor. The submission shall be submitted in electronic form, signed with a secure electronic signature, or in person by presenting a personal identity document and the relevant certification shall be made in the submission. Information on the payment of the office fee to the district (city) court shall be appended to the submission.

(3) If the submission is submitted by an authorised person, a power of attorney shall be appended to the submission in accordance with the requirements specified in the Land Register Law.

(4) The State Land Service shall start the registration of the cadastre object or cadastre data or updating of cadastre data after payment of the office fee to the district (city) court.

(5) In the case referred to in Paragraph one, Clause 1 of this Section, the State Land Service evaluates the submission and, if registration should not be refused, the submission shall be sent to the district (city) court. A land parcel shall be registered in the Cadastre Information System after receipt of a notification of the State Unified Computerised Land Register regarding the possibility to divide or merge the land parcel. A land parcel shall not be registered in the Cadastre Information System and the decision to refuse the registration of a land parcel shall not be taken, if a notification has been received from the State Unified Computerised Land Register regarding a decision of a judge to disregard the submission.

(6) In the case referred to in Paragraph one, Clauses 2, 3 and 4 of this Section, the State Land Service shall register a structure in or delete it from the Cadastre Information System and shall send the submission to the district (city) court or shall take the decision to refuse the registration or deletion of the structure.

[11 October 2018; 2 May 2019]

Section 60.3

The Minister for Justice shall determine the procedures by which a submission, the documents to be attached thereto and other requested information shall be sent to the district (city) court.

[11 October 2018; 2 May 2019]

Section 60.4

(1) The State Land Service shall ensure the cadastre information necessary to the district (city) courts in online data transmission mode.

(2) The State Land Service shall transfer a notification on the data registered in the Cadastre Information System to the State Unified Computerised Land Register in online data transmission mode, if:

1) the cadastre number has been changed;

2) the cadastral designation has been changed;

3) without changing the borders of the land parcel, the area of the land parcel has been updated in accordance with the cadastral survey data;

4) without changing the borders of the land parcel, the area of the land parcel for which the cadastral survey has not been carried out, but which is recorded in the Land Register, has been updated in the cases where in the laws and regulations regarding the land ownership rights of the State or local governments and their corroboration in the Land Register for the initial recording of the land in the Land Register does not provided for land cadastral survey;

5) the total area of an apartment property as a separate property has been updated, if changes in the area in accordance with the Law on Residential Properties does not affect the amount of undivided shares of the joint property included in the apartment property;

6) on the basis of a document submitted by the authority which conducts the privatisation regarding the established inaccuracies which have occurred in determining the undivided share of the residential house during privatisation process, the amount of the undivided share of the joint property included in the composition of the residential property has been updated;

7) address has been determined or changed for an object of real estate;

8) undivided shares of the joint property included in the composition of the residential property according to the Law on Residential Properties have been re-calculated, if during the privatisation process of the residential property the undivided shares have been calculated incorrectly.

[11 October 2018; 2 May 2019]

Chapter VI
Identification System of Cadastre Objects and Subjects

Section 61.

An unambiguous and unchangeable identifier shall be assigned to each cadastre object - a cadastre number or cadastral designation.

Section 62.

A cadastre number shall be assigned to an immovable property.

Section 63.

A cadastral designation shall be assigned to a land parcel, structure, building unit and a section of a land parcel.

Section 63.1

(1) When dividing an immovable into two or several immovable properties, new cadastre numbers (cadastre identifiers) shall be assigned to the newly formed immovable properties in the Cadastre Information System, concurrently keeping the cadastre number of the registered (remaining) immovable property.

(2) When dividing an immovable property object into two or several immovable property objects, they shall be registered in the Cadastre Information System as new immovable property objects to which new cadastral designations (cadastre identifiers) shall be assigned. When merging two or several immovable property objects into one object, it shall be registered in the Cadastre Information System with a new cadastral designation (cadastre identifier). The previous cadastre identifier shall be cancelled after division or merging of the immovable property object.

(3) If several immovable properties belonging to one person are merged, one of the existing cadastre numbers shall be retained.

[17 June 2010]

Section 64.

All kinds of indications to the cadastre object in State or local government information systems and documents shall use the cadastre number or cadastral designation assigned thereto.

[8 March 2012]

Section 65.

(1) A personal identifier shall be used in all kinds of indications to a person in the Cadastre Information System which is assigned in accordance with the procedures laid down in laws and regulations.

(2) A person who initiates the formation of a cadastre object and to whom the laws and regulations does not provide for the assignment of a personal identifier, it shall be assigned in the Cadastre Information System.

Chapter VII
Mass Appraisal

Section 66.

(1) Mass appraisal is a set of operations implemented in accordance with the principles of laws and regulations, in order to specify the value of a cadastre object, which is to be used for the purposes specified in laws and regulations.

(2) The process of mass appraisal shall include:

1) development of a cadastral value base;

2) calculation of cadastral value.

(3) Mass appraisal shall be performed by the State Land Service. The Cabinet shall determine the procedures for mass appraisal.

[1 December 2009]

Section 67.

The cadastral value base shall be a set of data characterising the value necessary for the calculation of the cadastral value - base values and correction coefficients, which, on the basis of the analysis of immovable property market data, has been specified for the group of cadastre objects in terms of values within a relatively homogenous territory - zone.

Section 68.

(1) The base of cadastral values shall be approved by the Cabinet once in four years until 15 June of the respective year. The base of cadastral values shall be registered in the Cadastre Information System.

(2) The base of cadastral values approved for the calculation of cadastral value shall be applied from 1 January of the next year.

[14 February 2008; 30 October 2014; 18 May 2017]

Section 69.

(1) In the development of the base of cadastral values, the valuation approaches specified in the standards for the assessment of immovable property recognised in the State shall be complied with - market approach, income approach and cost approach.

(2) Information regarding transactions in the immovable property market of at least the last two years shall be used.

(3) The base of cadastral values shall be developed according to the situation in the immovable property market which existed eighteen months before the application of the base of cadastral values to the calculation of cadastral values (situation as on 1 July of the respective year).

[30 October 2014 / See Paragraph 33 of Transitional Provisions]

Section 70.

The State Land Service shall register and analyse the prices in the immovable property market and lease payments and determine the price level for an immovable property. In order to accumulate and process information regarding transactions in the immovable property marker, the Cadastre Information System shall maintain a database of the immovable property market.

Section 71.

(1) The cadastral value shall be calculated taking into account the following data registered in the Cadastre Information System:

1) the base of cadastral value;

2) data characterising the cadastre object;

3) purposes for the use of the immovable property;

4) encumbrances on the immovable property object.

(2) [18 May 2017]

[1 December 2009; 30 October 2014; 18 May 2017]

Section 72.

The data of the Cadastre Information System regarding a cadastre object on the day of calculation of the value of the cadastre object by the State shall be used for the calculation of the cadastral value of the cadastre object.

Section 73.

(1) The cadastral value of the cadastre object shall be current until 1 January of the following year or until the registration of the changes in cadastral data referred to in Section 71, Paragraph one, Clause 2, 3 or 4 of this Law in the Cadastre Information System. The State Land Service shall recalculate the cadastral value of all cadastral objects registered in the Cadastre Information System on 1 January of each calendar year.

(2) For the purposes of the administration of the immovable property tax, the cadastral values of the cadastre object shall be stored in the Cadastre Information System as they are on 1 January of the taxation year or on the day when the cadastre object is registered, if the registration takes place after 1 January.

[1 December 2009; 30 October 2014]

Section 73.1

Upon receipt of a submission for the review of cadastral value, the State Land Service shall verify the conformity of cadastral data with the documents in accordance with the procedures laid down in Section 93 of this Law and inform the submitter of the cadastral data used in the calculation of cadastral value, the performed updating of data or the necessity to propose updating of data in accordance with Section 13, Paragraph one of this Law.

[8 March 2012]

Section 74.

[1 December 2009]

Section 75.

[1 December 2009]

Section 76.

The assessment of an immovable property in the Cadastre Information System is the amount of the cadastral value of the immovable property and the value of forest stand included in the composition of the immovable property. The value of the forest stand shall be entered in the Cadastre Information System on the basis of the data of the State Forest Service.

Chapter VIII
Cadastre Data for the Administration of the Immovable Property Tax

[1 December 2009 / See Paragraph 18 of Transitional Provisions]

Section 77.

[1 December 2009]

Section 78.

[1 December 2009]

Section 79.

[1 December 2009]

Section 80.

[1 December 2009]

Section 81.

[1 December 2009]

Chapter IX
Storage of Cadastre Object Formation Documents, Cadastre Documents and Cadastre Data

[17 June 2010]

Section 82.

(1) Documents on the basis of which a cadastre object is formed and documents prepared during the course thereof shall be put in files.

(2) The set of documents for the specification of immovable property objects included in the composition of one immovable property shall form a file of the immovable property.

(3) In updating or correcting the cadastre data, the previous data shall be stored in the Cadastre Information System.

(4) The files referred to in Paragraph one of this Section shall be transferred to the archive of the State Land Service and the archive registration number of the files shall be entered in the Cadastre Information System.

Section 83.

(1) Cadastre data shall be stored permanently. An immovable property file shall consist of documents to be stored permanently and documents to be stored temporarily. Cadastre documents and data shall be stored in accordance with the procedures laid down in laws and regulations.

(2) The storage of the data and documents referred to in Paragraph one of this Section shall be ensured by the archives of the State Land Service until transfer thereof to the National Archives of Latvia.

(3) If the Cadastre Information System is being reorganised or liquidated, the data and documents referred to in Paragraph one of this Section shall be transferred for further storage in the National Archives of Latvia in accordance with the procedures laid down in laws and regulations.

[17 June 2010; 8 March 2012]

Chapter X
Receipt of Information Necessary for Cadastre Operation and Issuance of the Cadastre Information

Section 84.

(1) Data necessary for maintaining the Cadastre Information System shall be provided to the State Land Service by the owner of the immovable property or, if none, the lawful possessor or the cadastre subject, local government or State authority.

(2) The persons referred to in Paragraph one of this Section shall provide the data in the form of a document, except when the data is provided from another State or local government information system.

[17 June 2010; 8 March 2012]

Section 85.

(1) A cadastre subject is entitled, once in a calendar year, to request in writing and receive free of charge the actual cadastre data on all immovable properties thereof concurrently in the amount specified in laws and regulations.

(2) A cadastre subject, using the electronic services maintained by the State Land Service that are available on the Internet to an identified person, may receive electronically the actual cadastre data on immovable properties thereof free of charge in the amount specified in laws and regulations.

(3) A person who is not registered in the Cadastre Information System as a cadastre subject is entitled to request in writing and once in a calendar year receive free of charge a certification that no immovable property is registered thereto in the Cadastre Information System.

[17 June 2010]

Section 86.

(1) The State Land Service shall prepare the cadastre information necessary to the State institutions of direct administration, the Saeima, the State Audit Office, the public prosecutor, the court and other institutions for whom such rights have been provided in the law for the fulfilment of the functions thereof and issue in standardised amount and type of information free of charge.

(2) The State Land Service shall prepare for a local government the cadastre information regarding the cadastre objects located within the administrative territory of the local government that is necessary for fulfilments of its functions and issue it in the amount and type of standardised information free of charge.

[12 June 2009; 17 June 2010]

Section 86.1

[11 October 2018]

Section 87.

(1) Any person has the right to request cadastre information. Generally accessible cadastre information shall be requested by using a specific electronic service designed for this purpose or by submitting a written submission. Restricted access cadastre information shall be requested by submitting a written submission.

(11) If generally accessible cadastre information is requested by using a specific electronic service designed for this purpose, the requester of information shall be identified by using the means of electronic identification available in that electronic service. The request for information which has been submitted this way need not be signed with a secure electronic signature.

(2) The State Land Service may refuse the fulfilment of a request for cadastre information, if the requirements for the requesting of cadastre information specified in laws and regulations have not been met.

[17 June 2010; 10 November 2016]

Section 88.

The Cabinet shall determine the procedures and amount in which the information necessary for the maintaining of the Cadastre Information System shall be provided:

1) [1 December 2009];

2) which is submitted by the persons referred to in Section 84 of this Law.

[1 December 2009]

Section 89.

The Cabinet shall determine the amount of cadastre information to be submitted, the procedures for its requesting and issuance.

Chapter XI
Procedures for Contesting and Appealing a Decision and Actual Actions of the State Land Service

[17 June 2010]

Section 90.

[17 June 2010]

Section 91.

[17 June 2010]

Chapter XII
Correction of Cadastre Data

Section 92.

[17 June 2010]

Section 93.

If the State Land Service has established a non-conformity of cadastre data with the documents on the basis of which cadastre data have been registered or updated, it shall, within the time period specified in laws and regulations, correct the incorrect cadastre data, updating them, and cover all expenses related thereto.

[17 June 2010]

Section 94.

[17 June 2010]

Section 95.

If the composition of the cadastre object and cadastral value changes due to correction of cadastre data in the cases referred to in Section 93 of this Law, the State Land Service shall notify thereof the cadastre subject and local government in the administrative territory of which the immovable property is located.

[17 June 2010]

Section 96.

Expenses connected with correction of cadastral survey mistakes shall be covered by the cadastral surveyor (Section 29, Paragraph one) or the State Land Service (Section 30).

Chapter XIII
Cadastre Financing

Section 97.

Expenses connected with creating and maintaining of the Cadastre shall be covered from the State budget subsidies from the general revenue, paid services and other own revenues, as well as from funds of foreign financial assistance.

Section 98.

In accordance with the amount of the State financing granted for the current year the State Land Service shall finance:

1) the maintenance of the cadastre data (text and spatial);

2) registration and updating of the data of cadastre objects in the Cadastre Information System, if the proposal from the person referred to in Sections 24 and 60.2 of this Law has not been received;

3) mass appraisal;

4) [12 June 2009];

5) exchange of data with other State or local government information systems;

6) preparation and issuance of cadastre information in accordance with Section 86 of this Law;

7) provision of the availability of the publicly accessible cadastre information in the system for the distribution of electronic information;

8) provision of cadastre information to the European Union States and other countries in accordance with international agreements, insofar as it is not limited by laws and regulations;

9) maintaining the archive of the State Land Service;

10) preparation and issuance of actual cadastre data to the cadastre subject free of charge regarding the cadastre object thereof;

11) [30 October 2014]

[12 June 2009; 17 June 2010; 8 March 2012; 30 October 2014; 11 October 2018]

Section 99.

The persons referred to in Sections 24 and 60.2 of this Law shall pay in accordance with the procedures stipulated by the Cabinet and in amount specified in laws and regulations regarding:

1) specification of the immovable property object or a section of a land parcel and formation of an immovable property;

2) registration of the cadastre object and cadastre data and the updating of cadastre data referred to in Section 57, Clause 1 and 1.1 of this Law;

3) preparation and issuance of cadastre information regarding his or her own cadastre object, except in the case referred to in Section 85 of this Law.

[8 March 2012; 30 October 2014; 11 October 2018]

Section 99.1

If the owner or, if there is none, - the lawful possessor of a structure fails to initiate the specification and registration of the structure within the time period specified in this Law, then the owner or, if there is none, - the lawful possessor of the structure shall be liable in accordance with the procedures laid down in laws and regulations.

[1 December 2009; 17 June 2010]

Section 99.2

(1) If a local government has initiated the specification of an immovable property object or a section of a land parcel in the case provided for in Section 24, Paragraph three of this Law, it shall pay for the specification of the immovable property object or the section of a land parcel in accordance with the procedures and amount laid down in laws and regulations.

(2) In such case, the local government shall take the decision that the owner of the immovable property or, if none, the lawful possessor, or, if none, the user, shall repay the costs of the specification of the immovable property object or the section of a land parcel within three months. The execution of the decision shall take place in accordance with the procedures laid down in the Administrative Procedure Law.

[17 June 2010]

Section 100.

[30 October 2014]

Section 101.

A requester shall pay for the preparation of cadastre information, use and provision of availability (except in the cases referred to in Section 98 of this Law), as well as for the preparation of statistical and analytical information, using the cadastre information, in accordance with the procedures stipulated by the Cabinet and in the amount specified in laws and regulations.

Transitional Provisions

1. The Cabinet shall issue the regulations referred to in Sections 9, 22, 28, 29, 45, 60, 66, 68, 88, 89, 99, 100 and 101 of this Law not later than by 1 July 2006.

2. Until the day of the coming into force of the new Cabinet Regulation, but not longer than until 1 July 2006, the following Cabinet Regulations are applicable insofar as they are not in contradiction with this Law:

1) Regulation No. 158 of 30 April 1996, Regulations regarding the State Immovable Property Cadastre;

2) Regulation No. 540 of 15 June 2004, Regulations Regarding the State Free for the Issuance of Statements on the Composition and Ownership of an Immovable Property.

3. Licences for the performance of land surveying work shall be issued until 31 December 2007 in accordance with the procedures laid down in laws and regulations. Licences for the performance of land surveying work and certificates issued until 31 December 2007 shall be in force until the period of time indicated in the document, but not longer than until 31 December 2010.

4. [17 June 2010]

5. Until the initial entry of an immovable property into the Land Register, land survey projects shall be developed and approved within the scope of land reform in accordance with the law On Land Reform in Rural Areas of the Republic of Latvia and law On Land Reform in the Cities of the Republic of Latvia, Paragraph 1 of the Transitional Provisions of the Land Use Planning Law and Decision No 322 of the Council of Ministers of 25 November 1991, By-laws Regarding Land in Rural Areas.

[17 June 2010]

6. Until the initial entry of an immovable property into the Land Register, the land user referred to in the laws governing land reform and privatisation shall be the cadastre subject to be entered as a user in the Cadastre Information System. The land user has the right to initiate the specification of an immovable property object and a section of a land parcel, the formation of an immovable property object, the updating of cadastre data and the correction of such data, as well as the obligations specified in Sections 13, 14, and 31.1 of this Law, he or she may perform the activities specified in Section 34 of this Law. If the land is in joint use, the abovementioned activities may be performed by one of the joint users of the land.

[17 June 2010; 8 March 2012]

7. An apartment, artist's workshop and non-residential spaces up to the privatisation of a residential house and rights related thereto shall be registered in the Cadastre Information System in accordance with the procedures laid down in laws and regulations.

8. The register of land and immovable property use created and maintained prior to the coming into force of this Law shall be replaced by the Cadastre Information System.

9. Documents of formation of cadastre objects and cadastre documents prepared and issued prior to coming into force of this Law shall be in effect. Documents of formation of cadastre objects prepared and copies for the archives of cadastre documents shall be kept in the archive of the State Land Service.

10. A structure obtained into ownership or possession as a result of the privatisation process shall be considered as a cadastre object for which the formation of an immovable property may be performed in accordance with the procedures laid down in Section 33 of this Law up to the registration of rights of ownership in the Land Register.

11. Persons who have obtained the rights of use or possession during the land reform in accordance with the law On Land Use and Land Survey, law On Land Reform in Cities of the Republic of Latvia, law On Land Reform in Rural Areas of the Republic of Latvia, law On Completion of Land Reform in Rural Areas and law On Land Ownership Rights of the State and Local Governments and Corroboration Thereof in the Land Registers have the right to form cadastre objects in accordance with the procedures laid down in this Law.

12. Rights of use and possession of the immovable property object obtained during the land reform and privatisation shall be registered in the Cadastre Information System up to the registration of the ownership rights in the Land Register.

13. The State Land Service is entitled to change the cadastre numbers of an immovable property accumulated historically in the Cadastre Information System or designations of land parcels, structures and building units, if they do not meet the requirements of laws and regulations, notifying the cadastre subject thereof. The State Land Service shall, within a month, notify the relevant local government and Land Registry Office of the changes for them to be made in the Land Register.

[17 June 2010]

14. Until 1 January 2010, specification of an immovable property object (structure) on the basis of a request of the court shall be initiated by a person in the possession of which the structure is in accordance with the provisions of prolongation.

15. [17 June 2010]

16. Until the day of the coming into force of the Cabinet regulation provided for in Section 89 of this Law, but not later than by 1 July 2010, Cabinet Regulation No. 97 of 6 February 2007, Procedures for Requesting and Issuing Information from the State Immovable Property Cadastre, shall be applicable, insofar as they are not in contradiction with this Law.

[1 December 2009]

17. Until the day of coming into force of the Cabinet regulation provided for in Section 60 of this Law, but not later than by 1 July 2010, Cabinet Regulation No. 636 of 1 August 2006, Regulations for the Registration of a Cadastre Object and Updating of Cadastre Data, shall be applicable, insofar as they are not in contradiction with this Law.

[1 December 2009]

18. Amendments regarding exclusion of Chapter VIII shall come into force on 1 July 2010.

[1 December 2009]

19. The State Land Service shall, until 1 July 2010, maintain and issue the cadastre data specified in Chapter VIII of this Law for the administration of the immovable property tax regarding those objects which are taxable with the immovable property tax in accordance with wording of Section 1 of the law On Immovable Property Tax which is in force on 31 December 2009.

[1 December 2009]

20. The owner or, if there is none - the lawful possessor of the structure specified in Section 14, Paragraph two of this Law and constructed until 1 January 2010, and non-registered in the Cadastre Information System has an obligation to initiate the specification of the relevant structure until 1 August 2010.

[1 December 2009; 17 June 2010]

21. The State Land Service shall register the structures referred to in Section 14, Paragraph two of this Law in the Cadastre Information System from 1 March 2010.

[1 December 2009; 17 June 2010]

22. The owner or, if there is none - the lawful possessor of the structure referred to in Section 99.1 of this Law and constructed until 1 January 2010, and non-registered in the Cadastre Information System has an obligation to initiate the specification of the relevant structure until 1 August.

[1 December 2009; 17 June 2010]

23. The Cabinet shall approve the classification of structures until 1 January 2010.

[1 December 2009]

24. The Cabinet shall approve the base value of the engineering construction until 1 March 2010, taking into account the determined classification of structures. The approved base values for the calculation of cadastral values of engineering structures shall come into effect on 1 March 2010.

[1 December 2009]

25. If a proposal is received from the owner of a structure in accordance with the procedures laid down in laws and regulations to privatise (alienate) the land necessary for the maintenance of the structure in the ownership of the State or local government, which together with the structures belonging to the land owner have been registered in the Land Register as a merged property, the State Land Service shall, upon proposal of the authority performing the privatisation (alienation), divide this property in the Cadastre Information System, forming an independent land property and an independent structure property.

[17 June 2010]

26. Until the making of amendments to Cabinet Regulation No 496 of 20 June 2006, Classification of the Purposes for the Use of an Immovable Property and the Procedures for the Specification of the Purposes for the Use of an Immovable Property and Changing Thereof, in accordance with Section 9, Paragraph one of this Law, the abovementioned provisions shall be applied, insofar as they are not in contradiction with this Law, but not longer than six months after the coming into force of the Law.

[17 June 2010]

27. The Cabinet shall issue the Cabinet regulations referred to in Section 22 of this Law not later than until 1 June 2011. Until the day of the coming into force of the Cabinet regulations referred to in Section 22 of this Law, but not longer than until 1 June 2011, Cabinet Regulation No 182 of 20 March 2007, Regulations Regarding the Specification of an Immovable Property Object, shall be applicable, insofar as they are not in contradiction with this Law.

[17 June 2010]

28. The Cabinet shall issue the Cabinet regulations referred to in Section 29, Paragraph four of this Law not later than until 31 December 2010.

[17 June 2010]

29. Section 29, Paragraph five of this Law shall come into force on 1 January 2011.

[17 June 2010]

30. The Cabinet shall issue the Cabinet regulations referred to in Section 60 of this Law not later than until 1 June 2011. Until the day of the coming into force of the Cabinet Regulation referred to in Section 60 of this Law, but not longer than until 1 June 2011, Cabinet Regulations No 193 of 23 February 2010, Regulations for the Registration of Cadastre Objects and the Updating of Cadastre Data, shall be applicable, insofar as they are not in contradiction with this Law.

[17 June 2010]

31. The Cabinet shall issue the Cabinet regulations referred to in Section 22, Clause 7 of this Law not later than until 31 December 2012.

[8 March 2012]

32. The base of cadastral values in effect in 2015 shall also be applicable to the calculation of cadastral values of 2016, except for the group of rural immovable properties indicated in Annex 3 to Cabinet Regulation No. 305 of 18 April 2006, Regulations Regarding Cadastral Assessment, the base of cadastral values of which should be approved by 15 June 2015. Upon developing the base of cadastral values for the group of rural immovable properties for 2016, the calculation of cadastral values based on marker prices of 2012 and 2013 shall be taken into account.

[30 October 2014]

33. Section 68 and Section 69, Paragraph three of this Law shall not be applied in developed the base of cadastral values for 2022-2025. The base of cadastral values for 2022-2025 shall be developed in accordance with the situation in the immovable property market as at 1 July 2019. By 31 July 2020, the Cabinet shall approve the base of cadastral values for 2022-2025 that shall be applied to the calculation of the cadastral value from 1 January 2022. By 1 February 2021, the State Land Service shall publish on its website the cadastral values which that shall enter into effect on 1 January 2022.

[24 October 2019]

34. [18 May 2017]

35. [11 October 2018]

36. The base of cadastral values effective in 2016 shall be applicable to the calculation of cadastral values also in 2017.

[19 May 2016]

37. The Cabinet shall issue the Cabinet regulations provided for in Section 29, Paragraph 41 of this Law by 30 April 2017.

[23 November 2016]

38. The base of cadastral values effective in 2017 shall be applicable also to the calculation of cadastral values in 2018 and 2019. The base of cadastral values which is determined in Cabinet Regulation No. 838 of 23 December 2014, Regulations Regarding the Base of Cadastral Values for 2016, 2017, 2018, and 2019, shall be applied to the calculation of cadastral values in 2020 and 2021, and the procedures for the calculation of cadastral values determined in Cabinet Regulation No. 305 of 18 April 2006, Regulations Regarding Cadastral Assessment, shall be applied. By 15 September 2017, the Cabinet shall, on the basis of the solution supported by it, determine exceptions (by determining the application thereof until the moment of the entry into effect of the new base of cadastral values for 2020-2023) in respect of the separate areas of cadastral values, the separate types of buildings, separate new buildings and also in respect of the type of use of building units and the application of encumbrances.

[18 May 2017]

39. By 1 November 2020, the Cabinet shall adopt the relevant laws and regulations in order to ensure the receipt of data in the State Immovable Property Cadastre that are required for developing the base of cadastral values.

[24 October 2019]

40. The information on the first year of the acceptance of a building for operation for such buildings that were first put into operation after 13 September 1995 and for which the year in which the building was accepted for operation is not indicated in the Cadastre Information System shall be requested by the State Land Service by 1 July 2017 and shall be provided by the Court Administration by 31 October 2017. If the Court Administration does not have such information, the State Land Service shall request and local governments shall provide the abovementioned information by 31 March 2018.

[18 May 2017]

41. The State Land Service, upon calculating the estimated cadastral values for 2018 and cadastral values for 2018-2021, shall apply the coefficient 0.7 to the land the purpose for the use whereof is a residential building (individual and apartment building) and in respect of which an encumbrance - a cultural monument - has been registered in the Cadastre Information System.

[18 May 2017; 24 October 2019]

This Law comes into force on 1 January 2006.

This Law has been adopted by the Saeima on 1 December 2005.

President V. Vīķe-Freiberga

Rīga, 22 December 2005


1 The Parliament of the Republic of Latvia

Translation © 2020 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Nekustamā īpašuma valsts kadastra likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 01.12.2005.Entry into force: 01.01.2006.Theme: Immovable property, constructionPublication: Latvijas Vēstnesis, 205, 22.12.2005.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1, 12.01.2006.
Language:
LVEN
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