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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The translation of this document is outdated.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: 01.01.2015.–08.06.2016.
Amendments not included: 19.05.2016., 10.11.2016., 23.11.2016., 18.05.2017., 11.10.2018., 02.05.2019., 24.10.2019.

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 [shall come into force from 1 January 2015].

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:

National Real Estate 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 real estate;

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

3) cadastre data - the data entered into the National Real Estate Cadastre Information System;

4) cadastre document - a document prepared and drawn up from the National Real Estate 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 National Real Estate Cadastre;

6) cadastre object - real estate registered as a set of objects in National Real Estate Cadastre Information System, as well as a land parcel, construction, building unit and a part of a land parcel;

7) cadastre subject - the owner of the cadastre object registered in the National Real Estate Cadastre Information System or, if none, the lawful possessor;

8) cadastral survey - the specification of borders and obtaining of data characterising the land parcel and a part of a land parcel on the terrain, the outline of the construction and building unit 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 spaces physically enclosed and consisting of one or several spaces with a common exit or several exits to a space for common use 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 building;

11) land parcel - a demarcated plot of land registered in the National Real Estate Cadastre Information System, to which a cadastral designation is assigned;

12) part of a land parcel - the territory of a land parcel specified for rent purposes and registered in the National Real Estate Cadastre Information System which is not an independent object of real estate;

13) newly erected construction - a construction for which at least a zero cycle has been built in accordance with the requirements of the laws and regulations governing building, until the putting into operation thereof;

14) name of the real estate - a title allocated to a real estate in rural terrain and, if the land parcel or construction in the content of the real estate is not an object of addressing, to a real estate 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]

Section 2.

The purpose of the Law is to ensure society with updated cadastre information regarding all real estate in the State territory, objects thereof, parts of land parcels and owners, lawful possessors, users, renters thereof.

[1 December 2009]

Section 3.

(1) The National Real Estate Cadastre (hereinafter - the Cadastre) is a single registration system, which by effecting administrative, organisational and technological processes ensures the obtaining of data regarding real estate in the State territory, objects thereof, parts of land parcels and owners, lawful possessors, users, renters thereof, as well as maintaining and use of the abovementioned data.

(2) In order to ensure operation of the Cadastre, the National Real Estate Cadastre Information System (hereinafter - the Cadastre Information System) is 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. The State Land Service shall operate in this field in accordance with the State Information System Law, the Electronic Documents Law, the Personal Data Protection Law and the Law On Archives.

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

Section 4.

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

(2) The cadastre spatial 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 determine the compliance 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 institution, which uses a cadastre document submitted by a person for the taking of a decision, may, in the Cadastre Information System, ascertain the compliance of the data included in the cadastre document with the actual cadastre data.

[17 June 2010; 8 March 2012]

Section 6.

(1) Real estate within the meaning of this Law is an object of real estate (a land parcel or a construction) or a set of these objects (a land parcel and a construction), which in accordance with the norms of the Law On Recording of Immovable Property in the Land Registers complies with the requirements of an independent compartment. A residential property or apartment, artist's workshop, unoccupied spaces, which has been given into ownership up to the privatisation of the residential house, shall also be regarded as real estate.

(2) The Cadastre Information System data regarding a person, structure of property or object of real estate 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 real estate corroborated in the Land Register. In such case the Cadastre Information System data shall be used for drawing up of the real estate, mass appraisal and calculation of the real estate data.

Section 7.

(1) Within the meaning of this Law the following persons shall be recognised as the owner of the real estate:

1) a person who complies with the concept of an owner determined in the Civil Law;

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

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

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 construction up to 5 April 1993 on the basis of the Law On Renewal and Procedures for Coming into Effect of the Land Register Law of 22 December 1937;

d) real estate, which in accordance with Section 1477, Paragraph two of the Civil Law is considered as real estate 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 the real estate:

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

2) a person, who has obtained the real estate 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 decision of the institution specified by the law, except the cases referred to in Paragraph one of this Section;

3) the possessor of the structure, on the basis of a contract which has been entered into with the land owner regarding the right to perform building thereon.

(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 institution has transferred the real estate, an object of real estate or a part of a land parcel, except the case when it was done on a contractual basis;

2) which is entitled to initiate the specification of a construction, but has not submitted documents regarding acquisition of the construction, except a local government that initiates the specification of a construction for the needs of a real estate tax.

[17 June 2010; 8 March 2012]

Section 8.

Updated cadastre information shall be used:

1) for the formation of new real estate, specification of an object of real estate, a part of a land parcel, mass appraisal;

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

3) for planning of the development and management of real estate;

4) for the administration of real estate tax;

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

6) for provision of operation of other information systems.

Section 9.

(1) A purpose of use of real estate and the land area under the jurisdiction of the purpose of use shall be determined for a land parcel and a part of a land parcel or a planned land parcel and part of a land parcel. It shall, 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, be determined by:

1) the local government, in the administrative territory of which a certain land parcel and a part 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 Interior, the Latvian Prison Administration or the State Security institution.

(2) A local government has the right to survey a land parcel for the specification of purposes of use of real estate with prior notification to the cadastre subject thereof.

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

[17 June 2010]

Chapter II
General Provisions of Formation of a Cadastre Object

Section 10.

(1) The formation of a cadastre object is a process, which includes specification of the object of real estate or a part of a land parcel and development of the real estate taking into account the requirements of this Law and other laws and regulations.

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

(3) Formation of real estate is activities which shall be performed by persons in order to register new real estate as a set of objects of real estate, which consists of one or several objects of real estate, in the Cadastre Information System or to amend the structure of real estate.

Section 11.

(1) An object of real estate shall be determined for real estate which has been recorded in the Land Register. Only real estate which has been recorded in the Land Register shall be divided or merged. An object of real estate shall be determined or real estate shall be formed, if the changes in the structure of the real estate 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 construction, a construction not registered in the Cadastre Information System and the building units therein.

(3) If the subject-matter of a transaction is part of a cadastre object, it shall be formed prior to the performance of 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 parts of land parcels referred to in Section 19, Clause 2 of this Law.

[17 June 2010]

Section 12.

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

[17 June 2010]

Section 13.

(1) The owner of real estate, or if there is none - the lawful possessor or a cadastre subject, has the duty to initiate specification of the construction, if a construction not registered in the Cadastre Information System or a non-existent construction registered in the Cadastre Information System is in the real estate. The cadastre subject has the duty to initiate the updating of cadastre data of a cadastre object in the Cadastre Information System, if the structure of the real estate or the data characterising the real estate object have changed.

(2) A cadastre subject has the duty 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 construction has been built or demolished, or the renovation or reconstruction of the construction, part of the construction or a building unit has been performed [except cases when building has not been commenced, when legal proceedings regarding building have been initiated or when building has been interrupted (suspended)]. The real estate owner or, if there is none, the lawful possessor or a cadastre subject shall be responsible for the non-fulfilment of these duties 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 construction, which is registered in the Land Register in accordance with the Law On Recording of Immovable Property in the Land Registers or which is subject to real estate tax in accordance with the Law On Immovable Property Tax, is specified as an object of real estate.

(2) The owner or, if there is none, - the lawful possessor, or, if there is none, - the user of the engineering construction subject to real estate tax has a duty to initiate the specification of such construction within three months after construction thereof.

[1 December 2009]

Chapter III
Specification of an Object of Real Estate or a Part of a Land Parcel

Section 15.

It is necessary for the specification of an object of real estate or a part of a land parcel:

1) that in the Cadastre Information System:

a) a new object of real estate or a part of a land parcel is registered,

b) an entry of the registered object of real estate or a part of a land parcel is deleted,

c) the cadastre data regarding the registered borders of a land parcel or a part of a land parcel, outline of the construction or building unit or mutual location of constructive elements are updated;

2) that the borders of the registered land parcel or a part of a land parcel are changed or updated on the locality;

3) that a transaction with an object of real estate is performed;

4) that the rights of ownership are registered in the Land Register.

Section 16.

The following may be specified as an object of real estate:

1) a land parcel, except for:

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

b) a part of a land parcel;

2) a construction, except for:

a) a construction, which is movable from one place to another without disassembling thereof or otherwise not damaging it externally,

b) a temporary construction,

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

d) annexes to constructions, projections, engineered equipment and other buildings,

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 construction;

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

Section 17.

The following basic information shall be used for the specification of objects of real estate or parts 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 object of real estate and a part of a land parcel shall include the following activities:

1) initiation of the specification;

2) [17 June 2010];

3) a cadastral survey (for a part of a land parcel - only then, if 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 of the real estate in the Cadastre Information System;

7) [17 June 2010].

[17 June 2010]

Section 18.1

(1) The following conditions shall be observed in the process of the specification of a real estate object:

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

2) when dividing real estate objects of joint ownership, joint owners shall, until registration of the ownership right in the Land Register, own each new real estate object in the same undivided shares as the divided real estate object;

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

4) the following shall be merged:

a) only real estate objects of one type - a land parcel with a land parcel, a construction with a construction and a building unit with a building unit,

b) real estate objects adjacent to real estate objects entered in the Land Register, forming one real estate object,

c) real estate objects belonging to several owners adjacent to real estate objects entered in the Land Register, forming a real estate object of joint ownership.

(2) Real estate objects shall be merged, if land parcels have at least one common section of border, constructions have at least one common external plane (wall), building units are situated in one construction and delimitation planes (walls or coverings) of building units have a mutual 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, 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 object of real estate into several objects of real estate;

2) to add a part of a land parcel to an adjacent land parcel and in doing so not to create a new land parcel;

3) to add one or several spaces next to an existing building unit, without forming a new building unit, if the spaces are located in one construction and the delimitation planes (walls or coverings) of building units have a mutual border on the horizontal or vertical plane;

4) to join several objects of the same type of real estate into one object of real estate.

[17 June 2010; 8 March 2012]

Section 20.

A new object of real estate shall be determined in the following cases:

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

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

Section 21.

The entry regarding an object of real estate shall be deleted from the Cadastre Information System in the following cases:

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

2) a construction is recognised as non-existent 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 object of real estate, 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 specification process of the object of real estate or a part 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 a real estate object and a part of the land parcel (including constructions conforming to the status of official secrets and a real estate object or a part of a land parcel, 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 co-ordination and extent thereof;

4) the marking of the boundaries of encumbrances of the object of real estate and the calculation of area in the documents of land cadastral survey;

5) the procedures for storage of the real estate files and other cadastre documents;

6) the deadline by which the cadastral survey of a construction shall be performed and the cadastral survey documents of land and constructions shall be submitted for registration in the Cadastre Information System;

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

[17 June 2010; 8 March 2012]

Section 23.

Specification of the object of real estate or a part of a land parcel shall be completed after registration of the object of real estate or the part of the land parcel in the Cadastre Information System and transfer of the specification documents to the archives of the State Land Service.

Section 24.

(1) Specification of an object of real estate shall be initiated by:

1) the owner of the real estate or, if none, the lawful possessor or the cadastre subject;

2) a State institution or the local government for land under the jurisdiction thereof or owned thereby in accordance with the Law On the State and Local Government Land Ownership Rights and Recording of Such Rights in Land Registers;

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

4) the owner of the real estate or, if none, the lawful possessor, who has submitted a document regarding establishment or termination of servitude - in relation to the registration of an encumbrance of the real estate 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 construction or a building unit without the rights to initiate the deletion of the construction;

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

7) a State institution or the local government, which has been imposed a duty to record the alienated real estates in the Land Register in the law on alienation of the respective real estate for public needs - in relation to the separated (alienated) and remaining (not alienated) object of real estate;

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

9) the person, in whose name the real estate sold must be corroborated according to a court decision (approval of the real estate auction act) - in relation to deletion of an entry regarding a construction registered in the Cadastre Information System in the content of the acquired real estate, but non-existent in the area;

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

11) another person who has been specified such right in the law.

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

1) the cadastre subject;

2) a State institution or the local government for land under the jurisdiction thereof or owned thereby in accordance with the Law On the State and Local Government Land Ownership Rights and Recording of Such Rights in 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 a real estate object or such part 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 performed, the documents of land cadastral survey for registration of a cadastre object or for updating of data in the Cadastre Information System shall be submitted and documents shall be received by the performer of land cadastral survey 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.

(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 real estate or amending its content.

[8 March 2012; 30 October 2014]

Section 24.1

(1) Upon initiating division or merging of land parcels registered in the Cadastre Information System and recorded in the Land Register in the content of one real estate or deletion of an entry regarding a construction, on the basis of a document issued by the building authority of a local government confirming non-existence of the construction, the landowner (in case of a joint property all joint owners) shall submit a submission to the State Land Service, which is concurrently addressed also to the Land Registry Office. The owner shall submit the submission to the State Land Service in person, presenting a personal identification document, except the case referred to in Section 24, Paragraph four of this Law, or in electronic form, signed with a secure electronic signature, or the submission of an owner is submitted with a signature of the person certified by a notary or Orphan's court. 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 court shall be appended to the submission.

(2) The land owner shall append a certification to the submission referred to in Paragraph one of this Section regarding payment of the processing fee to the Land Registry Office.

[30 October 2014]

Section 25.

[17 June 2010]

Section 26.

(1) In performing a cadastral survey of a land parcel or a part of a land parcel:

1) the borders of the real estate object marked in the detailed plan or land survey project or the borders of the part 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 part 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 part of the land parcel shall be calculated, cadastral survey documents shall be prepared, and the plan of encumbrances of the land parcel and the part 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 real estate 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 part of a land parcel is repeated or if a part of the land parcel is cadastrally surveyed. A land survey project shall not be necessary in the cases specified in the Land Survey Law.

(3) When performing the cadastral survey of a construction and a building unit, the external outline of the construction 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 28.

The classification of the encumbrances of the object of real estate shall be determined by the Cabinet.

[30 October 2014]

Section 29.

(1) The cadastral survey of the land shall be performed 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 operation of the certificate suspended or renewed, the period of operation 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) A certified person shall pay a State fee for the receipt of a certificate or extending the term of validity thereof.

(4) The procedures for issuing and registering a certificate, suspending and renewing the operation of a certificate, extending the term of validity and cancelling a certificate, supervising the activities of certified persons, as well as the State fee rate and the procedures for payment, the procedures for civil liability insurance and the minimum amount for an insurance contract shall be determined by the Cabinet.

(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 the operation and execution thereof.

[17 June 2010 / Paragraph five shall come into force on 1 January 2011. See Paragraph 29 of Transitional Provisions]

Section 30.

The cadastral survey of the construction and building unit shall be performed by the State Land Service.

Section 31.

A person performing specification of an object of real estate or a part of a land parcel has the right:

1) to survey the borders and territory of the land parcel, enter into the constructions and building units, as well as perform other measures necessary for the specification of the object of real estate or the part of the land parcel, notifying the owner of the real estate 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 regarding the intended activities;

3) to invite representatives of law enforcement or order guarding authorities, if the specification of the object of real estate or the part of the land parcel is interfered with.

[8 March 2012]

Section 31.1

An owner of real estate or, if none, the lawful possessor has a duty to ensure access to a real estate object or a part of a land parcel to be surveyed upon request of the person performing the cadastral survey of land, a construction or a building unit.

[17 June 2010]

Section 31.2

The person performing land cadastral survey has a duty 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 Real Estate, Amendment of the Content Thereof and Deletion of an Entry Regarding Real Estate in the Cadastre Information System

Section 32.

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

(2) Real estate shall be formed only from those real estate objects, which have been specified in accordance with the requirements of this Law.

(3) The formation of real estate and amendment of the content thereof 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 person performing land cadastral survey.

[17 June 2010; 8 March 2012]

Section 33.

Real estate shall be formed by:

1) forming new real estate;

2) dividing registered real estate into several parts of real estate;

3) joining registered parts of real estate into one real estate;

4) amending the content of the registered real estate, separating therefrom the real estate object;

5) amending the content of a registered real estate, adding thereto a real estate object.

[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 in accordance with laws and regulations the State Land Service shall include the following object of real estate or set of objects of real estate in the content of the real estate in one of the following cases:

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

2) the constructions present in one land parcel as independent real estate in the cases specified in Section 14 of the Law On Time and Procedures for Coming into Force of Introduction, Inheritance Law and Property Law Part of the Renewed Civil Law of the Republic of Latvia of 1937;

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

(2) If the land, on which an apartment house registered in the Land Register and separated in apartment properties is present as independent real estate, in the cases specified in laws and regulations shall be obtained by the owners of apartment properties present in the apartment house, the obtained joint property of land shall be determined as an undivided share of the joint property included in the content 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 constructions belonging to a landowner are registered in the Cadastre Information System as a single real estate, then, in dividing the real estate, the construction shall not be separated from the land parcel on which it is located.

Section 36.

(1) An entry regarding real estate shall be deleted from the Cadastre Information System, retaining information regarding the real estate object, if information has been received regarding the deletion of the real estate from the national unified computerised Land Register. An entry for an object of real estate shall be deleted in the cases specified in Section 21 of this Law.

(2) In joining all properties within one residential house in one real estate, all entries regarding the apartment properties in the residential house in the Cadastre Information System shall be deleted after receipt of the information from the unified computerised Land Register.

[17 June 2010]

Section 37.

In forming a new real estate or deleting the entry regarding the real estate, the structure of the registered real estate, to which the real estate or the object of real estate is added or separated from, shall be amended concurrently, as well as the data characterising thereof, and the data shall be updated in the Cadastre Information System.

Chapter V
Registration of a Cadastre Object

Section 38.

During the formation process of a cadastre object the object of real estate specified, the part of the land parcel and the real estate formed 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 objects of real estate or parts 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 data provided in the specification documents of the cadastre object;

3) recording of the data 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 data 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 the object of real estate:

1) the following data shall be registered and maintained in accordance with the documents for specification of the object of real estate:

a) the cadastral designation,

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

c) purposes of use of the real estate and areas under jurisdiction thereof,

d) encumbrances of the real estate,

e) mass appraisal data,

f) indication to the real estate in which the object of real estate is included,

g) indication to the part of the land parcel;

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

a) data regarding forests,

b) the address of the object of real estate,

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 prerequisites of the document, from which the data have been entered;

2) the registration number in the archive of the file of the object of real estate;

3) the date of data registration;

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

41) data regarding the lawful possessor of a construction, 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 Time and Procedures for Coming into Force of Introduction, Inheritance Law and Property Law Part of the Renewed Civil Law of the Republic of Latvia of 1937 and Section 968 of the Civil Law, submits documents regarding lawfulness of construction and a statement from the local government that the construction 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;

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

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

Section 45.

[17 June 2010]

Section 46.

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

Section 47.

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

1) the leased object of real estate or a part of a land parcel owned by the State or local government, indicating the renter;

2) the object of real estate owned by the State or local government and given for use, indicating the user.

[1 December 2009]

Section 48.

Upon request of a cadastre subject the data referred to in Section 44 of this Law shall be entered in the Cadastre Information System regarding the rented object of real estate or an object of real estate transferred into use, but in respect to a part of a land parcel - the data referred to in Section 50 of this Law, indicating the renter or user.

[8 March 2012]

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 construction, 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 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 court shall be appended to the submission.

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

[30 October 2014]

Section 48.2

Information regarding the lawful possessor of a construction, which has been included in the Cadastre Information System in the content of a real estate 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 real estate has been received from the State unified computerised Land Register.

[30 October 2014]

Section 49.

[17 June 2010]

Section 50.

Registration of a part 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 real estate shall be registered in the Cadastre Information System by forming it from the objects of the real estate registered in this system, which are not included in the structure of any real estate or changing the structure of the real estate 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 real estate in the Cadastre Information System shall include:

1) assigning of the cadastre number;

2) registration of the additional data provided in the specification documents of the object of real estate;

3) inclusion of the object of real estate in the real estate; and

4) preparation of the declaration regarding the registration of the real estate in the Cadastre Information System.

Section 53.

The following shall be entered in the Cadastre Information System regarding real estate:

1) the following data shall be registered and maintained in accordance with the documents for formation of the object of real estate:

a) the cadastre number,

b) the name of the real estate, 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 object of real estate in the structure of the real estate;

2) the data 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 rights of ownership in the Land Register, the structure of the real estate and encumbrances of the real estate object,

d) [1 December 2009];

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

a) the prerequisites of the document, from which the data are entered,

b) the registration number in the archive of the file of the real estate,

c) the date of data registration,

d) other data 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 of data referred to in Section 53 of this Law and entering in the Cadastre Information System the State Land Service shall determine and register:

1) the cadastral value;

2) the assessment in the cadastre of the real estate.

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) The State Land Service shall commence the registration of a cadastre object and updating of cadastre data in the cases referred to in Section 24.1, Paragraph two of this Law after payment of the processing fee to the Land Registry Office.

(2) The State Land Service shall take a decision to suspend registration of the cadastre object or cadastre data or the updating of the cadastre data for a period of up to one month, if the documents submitted or presented by a person contain information which is in contradiction with the data in another State or local government information system.

(3) The State Land Service shall take a 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 data necessary for the registration of the cadastre object or cadastre data or updating the cadastre data;

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

3) within one month from the day of the receipt of a decision to suspend the registration of the cadastre object or cadastre data or updating of the cadastre data, the person has not submitted documents in which the contradictions established by the State Land Service referred to in Paragraph two of this Section have been rectified.

(4) In the case referred to in Section 86.1, Paragraph three, Clauses 1 and 2 of this Law the State Land Service shall register the cadastre object in the Cadastre Information System after receipt of a notification from the holder of the State unified computerised Land Register that it is possible to divide or merge a land parcel. If a notification regarding a decision of the judge of the Land Registry Office to leave the submission of the landowner without consideration has been received from the holder of the State unified computerised Land Register, the State Land Service shall not register the cadastre object in the Cadastre Information System and shall not take a decision to refuse to register the cadastre object.

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

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 construction is not performed;

11) in the case referred to in Section 24, Paragraph four of this Law the person performing land cadastral survey 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;

2) the State institution or local government provides the data 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 institution or local government provides the data in the form of documents in the cases specified in laws and regulations, except the cases referred to in Clauses 1 and 1.1 of this Section.

[8 March 2012]

Section 57.1

If real estate is located in joint property, any owner of such real estate 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 real estate;

2) the purpose of use of the real estate;

3) the address of the cadastre object;

4) the encumbrance of the cadastre object;

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

6) physical depreciation of the construction;

7) the main type of use of the construction;

8) the type of the construction;

9) the type of use of the building units;

10) data of the cadastre object, indicated in the act regarding acceptance of the construction for operation.

[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 creating of the identifier for a cadastre object, procedures of 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 correction and maintaining thereof;

4) procedures for creating of a cadastre map, content of data to be displayed, procedures for displaying and maintaining and permissible non-binding limits, aligning the border data of the object of real estate or a part of a land parcel;

5) procedures for registration and updating of the encumbrances of the object of real estate;

6) [1 December 2009];

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

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

[1 December 2009; 17 June 2010]

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 real estate.

Section 63.

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

Section 63.1

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

(2) When dividing a real estate object into two or several real estate objects, they shall be registered in the Cadastre Information System as new real estate objects to which new cadastral designations (cadastre identifiers) are assigned. When merging two or several real estate 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 merger of the real estate.

(3) If several real estates 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 it is not intended to assign a personal identifier in accordance with laws and regulations, 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 calculation of the cadastral value - base values and correction coefficients, which, on the basis of analysis of data of the real estate market, 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 two 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]

Section 69.

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

(2) Information regarding transactions of real estate transactions shall be used at least for the last two years.

(3) The base of cadastral values shall be developed according to the situation in the real estate market, which existed eighteen months before 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]

Section 70.

The State Land Service shall register and analyse the prices of the real estate market and lease payments and determine the price level for real estate. In order to accumulate and process information regarding the real estate transactions, the Cadastre Information System shall maintain a database of the real estate 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 of use of the real estate;

4) encumbrances of the real estate object.

(2) The cadastral value shall be calculated, ensuring the average conformity of cadastral values with the market prices of real property, as they were on the date referred to in Section 69, Paragraph three of this Law, in the amount of on average 85 per cent (coefficient of 0.85).

[1 December 2009; 30 October 2014]

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 perform recalculation of 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 administration of real estate tax, the cadastral values of the cadastre object shall be stored in the Cadastre Information System as they are on 1 January of the tax year or on the day of registration of the cadastre object, if it is registered after 1 January.

[1 December 2009; 30 October 2014]

Section 73.1

Upon receipt of a submission regarding reviewing 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 regarding 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 real estate in the Cadastre Information System the amount of the cadastral value of the real estate and the value of forest stand present on the real estate. The forest value shall be entered in the Cadastre Information System on the basis of the data of the State Forest Service.

Chapter VIII
Cadastre Data for Administration of Real Estate Tax

[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 the formation of a cadastre object is performed and documents prepared during the course thereof shall be put in files.

(2) The set of documents for the specification of objects of real estate within the structure of one real estate shall form a file of the real estate.

(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. A real estate 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 real estate or, if none, the lawful possessor or the cadastre subject, local government or State institution.

(2) The persons referred to in Paragraph one of this Section shall provide the data in the form of a document, except cases 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 regarding all his or her cadastre objects concurrently in the amount specified in laws and regulations.

(2) A cadastre subject, using the electronic services maintained by the State Land Service available on the Internet to an identified person, may receive electronically the actual cadastre data on his or her real estate 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 an attestation that no real estate 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 performance of the functions thereof and issue in standardised amount and type of information free of charge.

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

[12 June 2009; 17 June 2010]

Section 86.1

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

(2) The State Land Service shall transfer a notification on the data registered in the 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 boundaries of the land parcel, the area of the land parcel and encumbrances of the real estate in accordance with the restricted territories to be registered in the Information System of Restricted Territories according to the cadastral survey data have been updated;

4) 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;

5) on the basis of a document submitted by the local government privatisation commission or the stock company "Privatisation Agency" regarding the detected inaccuracies, which have occurred in the specification of undivided shares of a residential house in privatisation process, the amount of undivided shares of the joint property included in apartment properties has been updated;

6) address has been determined or changed for an object of real estate.

(3) The State Land Service shall send the submission referred to in Section 24.1, Paragraph one of this Law to the Land Registry Office regarding:

1) division of a land parcel being part of one real estate into several land parcels;

2) joining of several land parcels being part of one real estate into one land parcel;

3) deletion of an entry regarding a construction recorded in the Land Register, on the basis of a document issued by the building authority of the local government certifying non-existence of the construction, if the construction has been deleted in the Cadastre Information System.

(4) The procedures, by which a submission of the landowner, the documents to be appended thereto and other requested information shall be sent, shall be determined by the Minister for Justice.

[30 October 2014]

Section 87.

(1) Any person has the right to request cadastre information by submitting a submission in writing to the State Land Service.

(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 observed.

[17 June 2010]

Section 88.

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

1) [1 December 2009]; and

2) which shall be 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 requesting and issuance thereof.

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

[17 June 2010]

Chapter XII
Correction of Cadastre Data

Section 92.

[17 June 2010]

Section 93.

If the State Land Service has determined a non-conformity of cadastre data with 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 structure 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 the cadastre subject and local government thereof in the administrative territory of which the real estate 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 24.1 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 public part of cadastre information in the distribution system of electronic information;

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

9) maintaining of 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]

Section 99.

The persons referred to in Sections 24 and 24.1 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 object of real estate or a part of a land parcel and formation of real estate;

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 the case referred to in Section 85 of this Law.

[8 March 2012; 30 October 2014]

Section 99.1

If the owner or, if there is none, - the lawful possessor of the construction fails to initiate the specification and registration of the construction within the time period specified in this Law, then the owner or, if there is none, - the lawful possessor of the construction 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 a real estate object or a part 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 real estate object or the part 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 a decision on whether the owner of the real estate or, if none, the lawful possessor, or, if none, the user, shall repay the costs of the specification of the real estate object or the part 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 regarding preparation of cadastre information, use and provision of availability (except for 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 up to 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 National Real Estate Cadastre;

2) Regulation No. 540 of 15 June 2004, Regulations regarding Issuance of Statements Regarding Real Estate Ownership and Composition.

3. Licences for the performance of land surveying work shall be issued up to 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 up to 31 December 2007 shall be in force up to 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 real estate 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 one of the Transitional Provisions of the Land Survey 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 real estate 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 a real estate object and a part of a land parcel, the formation of a real estate object, the updating of cadastre data and the correction of such data, as well as the duties 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 usage and real estate 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 construction obtained into ownership or possession as a result of the privatisation process shall be considered as a cadastre object, for which the formation of real estate 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 Use of Land and Land Surveying, 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 the State and Local Government Land Ownership Rights and Recording of Such Rights in 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 object of real estate obtained during the land reform and privatisation shall be registered in the Cadastre Information System up to the registration of the rights of ownership in the Land Register.

13. The State Land Service is entitled to change the cadastre numbers of real estate accumulated historically in the Cadastre Information System or designations of land parcels, construction and building units, if they do not comply with 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 regarding the changes for them to be made in the Land Register.

[17 June 2010]

14. Specification of the object (construction) of real estate on the basis of a request of the court shall be initiated by a person in the possession of which is a construction in accordance with the provisions of prolongation up to 1 January 2010.

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 Issuance of Information of the National Real Estate 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 real estate tax regarding those objects, which are subject to real estate tax in accordance with wording of Section 1 of the Law On Immovable Property Tax which is in force until 31 December 2009.

[1 December 2009]

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

[1 December 2009; 17 June 2010]

21. The State Land Service shall register the constructions 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 construction referred to in Section 99.1 of this Law and constructed until 1 January 2010, and non-registered in the Cadastre Information System has a duty to initiate the specification of the relevant construction until 1 August.

[1 December 2009; 17 June 2010]

23. The Cabinet shall approve the classification of constructions 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 constructions. The approved base values for the calculation of cadastral values of engineering constructions shall come into effect on 1 March 2010.

[1 December 2009]

25. If a proposal is received from the owner of a construction in accordance with the procedures laid down in laws and regulations to privatise (alienate) the land necessary for the maintenance of the construction in the ownership of the State or local government, which together with the constructions 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 institution performing the privatisation (alienation), divide this property in the Cadastre Information System, forming an independent land ownership and an independent construction ownership.

[17 June 2010]

26. Until the making of amendments to Cabinet Regulation No 496 of 20 June 2006, Classification of the Purposes of Use of Real Estate and the Procedures for Specification of the Purposes of Use of 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 the group of rural real estates 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 real estates for 2016, the calculation of cadastral values based on marker prices of 2012 and 2013 shall be taken into account.

[30 October 2014]

33. Application of Section 69, Paragraph three of this Law shall be commenced in developing the base of cadastral values for 2017-2018.

[30 October 2014]

34. Application of Section 71, Paragraph two of this Law shall be commenced in calculating cadastral values as on 1 January 2017.

[30 October 2014]

35. In accordance with Section 28 of this Law the Cabinet shall determine the divided property as an encumbrance on the object of real estate for plots of land until the moment when legal relationship between the owner of the privatised object and the owner of such plot of land, on which the privatised object is located, is terminated in accordance with Paragraph 53 of the Law On Privatisation of State and Local Government Residential Houses.

[30 October 2014]

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 © 2016 Valsts valodas centrs (State Language Centre)

 
Document information
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.
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