Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
15 September 2016 [Shall
come into force on 13 October 2016];
22 November 2017 [Shall come into force on 20 December
2017];
27 September 2018 [Shall come into force on 25 October
2018];
7 March 2019 [Shall come into force on 4 April
2019];
13 November 2019 [Shall come into force on 1 January
2020];
3 February 2022 [Shall come into force on 2 March
2022];
20 October 2022 [Shall come into force on 14 November
2022].
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:
Land Management Law
Chapter I
General Provisions
Section 1. Terms Used in the Law
(1) The following terms are used in the Law:
1) soil - the upper unconsolidated and fertile layer of
the Earth's crust which has formed under the impact of natural
processes and human activities and which consists of mineral and
organic material, liquids, and gaseous substances;
2) soil degradation - changes which have occurred or
are taking place under the impact of natural processes and human
activities and due to which the possibility of using soil in
implementation of economic, environmental protection, and
cultural functions is decreasing;
3) soil recultivation - a set of measures which
promotes the restoration of the soil fertility;
4) degraded territory - a territory with a destroyed or
damaged upper layer of land or an abandoned territory of
construction, extraction of mineral resources, economic or
military activities;
5) inland public waters - the public lakes and rivers
indicated in Annex I to the Civil Law;
6) marine coastal area - a territory which includes
marine coastal waters and the land part of the marine coast;
7) marine coastal waters - within the meaning of this
Law: an aquatorium that is two kilometres in width from the
marine coastal line;
8) land part of the marine coast - the territory
between the sea coastline and the point reached by the highest
waves of the sea;
9) marine coastal line - a border between the land part
of the marine coast and the marine coastal waters in normal
position;
10) vacant unit of land - within the meaning of this
Law: land which is free of structures or on which only such
structures are located which are not to be entered in the Land
Register in accordance with the laws and regulations regarding
entering of immovable property in the Land Register;
11) land protection - measures for the prevention of
land degradation and degradation risk and for the preservation of
the useful properties of land;
12) land degradation - reduction or disappearance of
the value of land and of the economic or ecological value of the
resources related thereto as a result of action or failure to act
of a human being or as a result of natural processes;
13) land consolidation - a set of measures within the
scope of which complex rearranging of land boundaries is carried
out in order to form a rational structure of holdings and area of
land parcels, to promote the development of the rural
infrastructure and rural development, and also environmental
protection;
14) land monitoring - obtaining of data characterising
land and its use from State information systems, the analytical
processing thereof, and regular surveying of land in the area in
order to determine the state of land and to characterise the
changes therein;
15) land management - a set of measures for the
implementation of the land policy the purpose of which is to
promote sustainable use and protection of land.
(2) The term "land parcel" used in this Law corresponds to the
term "land parcel" used in the State Immovable Property Cadastre
Law.
Section 2. Purpose of the Law
The purpose of the Law is to promote sustainable use and
protection of land.
Section 3. Principles for the Use
and Protection of Land
The following principles shall be observed in the use and
protection of land:
1) in planning the use of land, the local government shall
provide for efficient management and sustainable development of
natural resources in the spatial development planning
documents;
2) the local government shall intend territories with the
lowest land quality assessment and territories which due to their
location and configuration are not appropriate for the use in
agriculture or forestry, as priority for changing the category of
the agricultural land and forest land;
3) the local government in the spatial development planning
documents shall intend degraded territories as priority for
building;
4) the land owner, possessor, and user (hereinafter - land
user) shall not cause harm to land and shall take into account a
balance between the needs of the society and the rights of
owners.
Section 4. Conditions for the Use
and Protection of Land
The following conditions shall be observed in the use and
protection of land:
1) if the quality assessment of agricultural land exceeds 50
points, the local government shall ensure land preservation of
this valuable agricultural land, determining restrictions for
land subdivision and for changing the category of land use;
11) if the quality assessment of agricultural land
exceeds 45 points, but does not exceed 50 points, the local
government may determine restrictions on land subdivision and on
changing the category of land use;
2) land shall be used according to the use of territory
determined in the spatial development planning documents of the
local government or the use of territory lawfully commenced;
3) the land user shall carry out activities in order to
preserve the quality of land and soil and prevent their
degradation;
4) in carrying out activities which are related to damaging
the upper layer of soil, the land user shall comply with the
requirements for land recultivation;
5) the land user, in alienating land which is partly or
completely located in the degraded territory, shall inform the
acquirer of the immovable property thereof.
[7 March 2019]
Chapter II
Land for Ensuring Public Infrastructure and Access
Section 5. Land for Ensuring the
Technical Public Infrastructure
(1) The territories necessary for the development and
construction of the technical public infrastructure and the
conditions for the use thereof shall be determined by the Cabinet
or local government irrespective of the ownership or jurisdiction
of the land.
(2) The conditions for the use of the territory for the
territories necessary for the development of the technical public
infrastructure, including restrictions on the use of immovable
property, shall be determined in:
1) Cabinet regulations - for objects of national interest;
2) the binding regulations of the local government approving
the spatial plan and the local plan - for other objects of the
technical public infrastructure.
(3) If the conditions for use referred to in Paragraph two of
this Section infringe the rights or lawful interests of the owner
of immovable property or, if there is none, the legal possessor,
or, if there is none, the user, the respective person may appeal
against them in accordance with the procedures laid down in laws
and regulations.
(4) In the territories necessary for the development of the
technical public infrastructure, coordinating it with the
authority which has proposed to designate them (hereinafter - the
responsible authority), it shall be permitted to carry out
activities which do not impede the implementation of the intended
public infrastructure project. In order to coordinate the
intended activity, the owner of the immovable property or, if
there is none, the legal possessor, or, if there is none, the
user, shall approach the responsible authority by submitting a
submission informing of the intended activity. If the responsible
authority has not, within one month, sent a refusal to commence
the intended activity or requested the submission of additional
information, it shall be deemed that the authority has approved
the intended activity.
(5) The responsible authority may take a reasoned decision
prohibiting the continuation of the commenced use of immovable
property for construction or use of subterranean depths, if the
immovable property is to be alienated for public needs according
to the construction plan in minimum composition or a construction
plan, or an administrative legal act issued by the Cabinet or a
local government and the commenced use of immovable property
impedes the implementation of the intended infrastructure project
or significantly increases the possible additional expenses.
Contesting and appeal of such a decision of the responsible
authority shall not suspend its operation.
(6) The territories necessary for the needs of development and
construction of the technical public infrastructure and the
conditions for the use of the territory provided for in the cases
specified in Paragraph two of this Section shall be provided for
a period of up to seven years, with the option to extend the
period to a total of 14 years, or until completion of the
commenced construction of the technical public
infrastructure:
1) after an initial assessment or an environmental impact
assessment has been carried out, if required in accordance with
the laws and regulations;
2) if an initial assessment or an environmental impact
assessment is not required in accordance with the laws and
regulations, but a study has been carried out which identifies
the territories required, the environmental risks, and the
functionality of the object.
(7) The designation of a territory as a territory necessary
for the development of the technical public infrastructure does
not guarantee that the relevant infrastructure will be
constructed and that the relevant immovable property will be
alienated for public needs.
(8) The responsible authority shall, in the cases specified in
Paragraph two of this Section, compensate the losses related to
the restrictions.
(9) The losses related to the restrictions shall be
compensated in their actual amount. Losses shall not be
compensated in accordance with the procedures laid down in this
Section if:
1) they are incurred by the owner of immovable property who
has acquired the immovable property as a result of a transaction
after imposition of the relevant restrictions;
2) the territory necessary for the development of the
technical public infrastructure matches an existing protection
zone of a technical public infrastructure object or is
established within the building line.
(10) Losses shall be compensated on the basis of a submission
of the owner of immovable property or, if there is none, the
legal possessor, or, if there is none, the user, to which the
documents confirming the losses and the amount thereof have been
appended. The responsible authority shall assess the received
documents and take the decision on the compensation of the
losses. When examining the submitted documents, the responsible
authority has the right to involve a certified immovable property
appraiser.
(11) The losses related to the restrictions are disbursed in a
single payment in one of the following cases (depending on which
sets in first):
1) upon the end of the restrictions on the conditions for use
specified in Paragraph two of this Section due to the revocation
or expiry thereof;
2) if all immovable property or part of the immovable property
for which the restrictions referred to in Paragraph two of this
Section have been specified is alienated for public needs;
3) after taking of the decision of the authority referred to
in Paragraph four of this Section to prohibit the continuation of
the commenced use of the immovable property.
(12) If the owner or, if there is none, the legal possessor,
or, if there is none, the user of immovable property is not
satisfied with the amount of losses to be compensated as
determined by the authority, he or she has the right to apply to
a court in accordance with the procedures laid down in the Civil
Procedure Law.
(13) The procedures laid down in this Section shall not be
applied if the public infrastructure is planned in the spatial
planning documents for ensuring the interests of private
individuals in accordance with Section 7, Paragraph two of this
Law.
(14) If the territories established for the development and
construction of the technical public infrastructure and the
conditions for use referred to in Paragraph two of this Section
are no longer necessary or the period specified in Paragraph six
of this Section has expired and the construction of the technical
public infrastructure has not been commenced, the responsible
authority shall make changes in the conditions of use by removing
the restrictions.
[27 September 2018]
Section 6. Ensuring of Access to
Inland Public Waters and Specially Protected Nature
Territories
(1) In order to ensure access to inland public waters and
specially protected nature territory the visiting of which is
permitted in accordance with the laws and regulations governing
the protection and use of specially protected nature territories,
the local government shall determine a pedestrian road as the
real estate restriction for the benefit of an opportunity for the
society to access such territory and shall organise arranging of
a pedestrian road in the spatial plan or local plan. The land
owner has the right to compensation of losses which has occurred
due to determination of restriction.
(2) If the real estate restriction is not specified in
accordance with the procedures provided for in Paragraph one of
this Section and the owner of the immovable property has not
restricted movement along the roads or streets on his or her
property, the person has the right to use such roads or streets
on the property of another person in order to access inland
public waters and specially protected nature territories. Upon
moving along roads or streets on the property of another person,
motorised vehicles shall not be used, except motorised
wheelchairs.
(3) The person who in the cases referred to in this Section is
at an immovable property belonging to another person, may not
cause losses by his or her actions to the owner of the immovable
property or to otherwise infringe the ownership rights.
[3 February 2022]
Section 7. Ensuring of Access to
Land Parcels to be Newly Established
(1) All land parcels to be newly established, except for
inter-areas, shall be provided with access from a local
government road or street or access from a road or street of
local government significance specified in accordance with the
procedures laid down in Section 8.1 of this Law or
provided with access from a State motor road in accordance with
the laws and regulations regarding adding of roads to State motor
roads. If it is not possible, access shall be ensured by a
servitude or by a designed servitude after establishing the
servitude.
(2) Upon expanding towns and villages or creating new building
territories, prior to approval of a spatial plan, local plan, or
detailed plan the local government and land owners shall agree on
alienation of the land in their red lines or necessary for
construction of roads to the local government, as well as
regarding construction of engineering structures. If it is not
possible to reach an agreement on alienation of the necessary
land, the local government shall approve the spatial plan, local
plan, or detailed plan and commence forced alienation of the
immovable property necessary for the public needs.
[3 February 2022]
Section 8. Use and Alienation of the
Land Necessary for Maintaining Roads
(1) If, until the day of coming into force of this Law, a
motor road has been registered as a local government or State
road and included in the local government or State balance sheet,
however, the land under the road has been entered in the Land
Register in the name of a private individual, such individual may
not prohibit movement along the local government or State
road.
(2) If the motor road referred to in Paragraph one of this
Section is registered in the register of roads and streets of the
local government and is a part of a joint road network of the
local government, it shall be a public road or street. A public
road or street is an independent immovable property object owned
by the local government and creating an encumbrance on the
ownership of the unit of land on which it is located.
(3) The boundaries of a public road or street, together with
the total land requirement or building lines of the street, shall
be marked by the local government in the spatial plan or local
plan in accordance with the procedures laid down in the laws and
regulations.
(4) The public road or street shall be registered in the State
Immovable Property Cadastre Information System in accordance with
the procedures laid down in the laws and regulations regarding
registration of cadastre objects and updating of cadastre
data.
(5) The local government has the right, upon informing the
land owner, to construct, reconstruct, and renovate a road or a
street within the total land requirement or building lines of a
public road, and also to install new engineering communications -
machinery, devices, installations, networks, lines and
accessories thereof - if it is necessary for the implementation
of public interests.
(6) The encumbrance referred to in Paragraph two of this
Section, to the extent specified in Paragraph three of this
Section, may be the basis for removal of the servitude of right
of way or other equivalent encumbrance established during the
land reform by the decision of the competent authority.
(7) The State or local government shall, according to the
budgetary possibilities, agree with the land owner on alienation
of land under the road or street and shall alienate it in
accordance with the laws and regulations regarding alienation of
immovable property necessary for public needs.
(8) Paragraphs two, three, four, five, and six of this Section
shall not be applied to the State road referred to in Paragraph
one located on land owned by a private individual and entered in
the Land Register, and also to roads located on land owned by the
State or being in the jurisdiction of the State.
(9) The State forest land shall be alienated in accordance
with the procedures laid down in the Law on Forests.
[27 September 2018]
Section 8.1 Road or
Street of Local Government Significance
(1) A road or street of local government significance is a
restriction on the right of use of private property in respect of
immovable property established in the public interest to ensure a
joint network of roads and streets in the local government and
the ability and right of the public to use it by everybody.
(2) A road or street of local government significance shall be
determined by the local government in the spatial plan or local
plan of the local government. The status of a street of local
government significance may be granted by the local government by
a separate administrative act accompanied by a graphic annex.
Before taking a decision, the local government shall ascertain
the opinion of the owners or legal possessors of the land within
the boundaries of whose land the street of local government
significance is located.
(3) If the status of a road or street of local government
significance has been granted on the basis of a separate
administrative act, the local government shall publish it on the
website of the local government together with a graphic annex
within one month after taking of the decision on granting the
status of a road or street of local government significance.
(4) The local government shall participate in the construction
and maintenance of a road or street of local government
significance in accordance with the procedures provided for in
the binding regulations. The binding regulations of a local
government shall provide for the procedures by which the local
government shall cover the costs of construction and maintenance
of a road or street of local government significance.
(5) A road or street of local government significance shall be
publicly accessible, and until the status of a road or street of
local government significance is revoked, it is prohibited to
restrict the movement of vehicles and pedestrians along it.
(6) The local government has the right, by informing the land
owner, to install new engineering communications - machinery,
devices, installations, networks, lines and accessories thereof -
if this is necessary for the implementation of public
interests.
[27 September 2018]
Chapter III
Land Consolidation
[20 October 2022 / The new
wording of Chapter shall come into force on 1 January 2023. See
Paragraph 13 of Transitional Provisions]
Section 9. General Principles for
Land Consolidation
(1) Land consolidation shall be implemented in rural areas by
rearranging land boundaries, including liquidation of
inter-areas, and developing a land survey project in accordance
with laws and regulations in the field of land survey insofar as
it is not laid down otherwise in this Law.
(2) Land consolidation shall have the following stages:
1) drawing up of a project for rearranging of land
boundaries;
2) approval of land consolidation;
3) implementation of land consolidation.
[20 October 2022 / The new wording of the Section
shall come into force on 1 January 2023. See Paragraph 13 of
Transitional Provisions]
Section 10. Drawing up of a Project
for Rearranging of Land Boundaries
(1) In order to rearrange the land boundaries in land
consolidation according to the proposal of its owners or such
State administration institution or local government which
carries out voluntary alienation of immovable property necessary
for public needs, a person certified for land survey works whose
civil liability for professional activity has been insured
(hereinafter - the land surveyor) shall draw up a land survey
project. The land owner or State administration institution or
local government need not submit a proposal to the local
government.
(2) The solution of the land survey project drawn up for land
consolidation shall conform to one of the objectives of land
consolidation specified in Section 1, Paragraph one, Clause 13 of
this Law.
(3) The objective of land consolidation specified in Section
1, Paragraph one, Clause 13 of this Law shall be indicated by the
land surveyor in the explanatory note to the land survey
project.
[20 October 2022 / The new wording of the Section
shall come into force on 1 January 2023. See Paragraph 13 of
Transitional Provisions]
Section 11. Approval of Land
Consolidation
(1) Before issuing an administrative act on approval of a land
survey project, the local government shall assess whether the
solution of the project drawn up for land consolidation conforms
to the objective of land consolidation indicated in the
explanatory note to the land survey project.
(2) By approving the land survey project drawn up for land
consolidation, the local government confirms the conformity of
the solution for rearranging of land boundaries with the
objective of land consolidation indicated in the explanatory note
to the project.
(3) If the solution for rearranging of land boundaries does
not conform to any of the objectives of land consolidation
indicated by the land surveyor in the explanatory note, it shall
be implemented in accordance with the laws and regulations in the
field of land survey.
[20 October 2022 / The new wording of the Section
shall come into force on 1 January 2023. See Paragraph 13 of
Transitional Provisions]
Section 12. Implementation of Land
Consolidation
(1) A land survey project drawn up for land consolidation
shall be deemed implemented when the land parcels designed in the
project are entered in the Land Register. If more than four land
parcels belonging to land owners are involved in the rearranging
of land boundaries, the land survey project drawn up for land
consolidation shall be implemented within six years. In other
cases, the project shall be implemented within the time limits
specified in the laws and regulations in the field of land
survey.
(2) Land owners shall agree on the rearranging of land
boundaries within the scope of land consolidation by concluding a
contract on land exchange.
[20 October 2022 / The new wording of the Section
shall come into force on 1 January 2023. See Paragraph 13 of
Transitional Provisions]
Chapter IV
Management of State and Local Government Land
Section 13. Competence of the State
and Local Governments in Land Management
(1) The Cabinet shall:
1) approve the State land policy;
2) issue regulations providing for the type of compensation
for losses which have arisen due to real estate restrictions upon
ensuring access to inland public waters and specially protected
nature territories, the amount of compensation, the procedures
for calculating and paying it;
3) [27 September 2018];
4) [20 October 2022];
5) issue regulations regarding the procedures by which
information regarding marine coastal area and inland public
waters shall be registered and updated in the State Immovable
Property Cadastre Information System;
6) issue regulations regarding degraded territories and soil
degradation criteria and the classification thereof, and also
regarding the procedures by which degraded territories and soil
degradation shall be established and evaluated, the measures for
the prevention soil degradation shall be determined, and their
implementation shall be supervised;
7) issue regulations regarding the creation of the Soil
Information System and regarding the procedures for mapping of
soil, assessing land quality, and maintaining and updating the
information obtained;
8) issue regulations regarding qualification of soils;
9) issue regulations regarding the procedures for preparing
the information to be included in the land report and the
authority which shall be responsible for the preparation of the
land report;
10) issue regulations regarding leasing of marine coastal area
and inland public waters;
11) [27 September 2018];
12) issue regulations regarding the procedures by which the
State shall exercise the pre-emptive rights to land under public
waters;
13) issue regulations regarding the procedures by which the
State Land Service shall transfer data regarding land parcels
included in the reserve land fund and regarding land parcels
which are not used for restoring the ownership rights, as well as
the procedures by which sectoral ministries shall take decisions
on belonging of the relevant land parcels or of them being in
jurisdiction of the State after completing the land reform and by
which local governments shall take decisions on land parcels
being in jurisdiction of the local government.
(2) Institutions of direct administration, according to their
competence, shall ensure implementation of land and soil
protection measures, drawing up and implementing the
environmental protection, agricultural, fishery, forestry,
transport policy and policy of other sectors.
(3) Local governments, according to their competence, shall
ensure:
1) land monitoring within their administrative territory;
2) management of the reserve land fund.
[27 September 2018; 7 March 2019; 20 October 2022]
Section 14. Management of Vacant
Land and Degraded Territories
(1) An institution of direct administration shall draw up an
assessment of the possibilities of using vacant land and degraded
territory in its possession and, if necessary, shall update it.
If the institution of direct administration has transferred the
immovable properties in its possession to a capital company of a
public person, then the assessment of the possibilities of using
the vacant land and degraded territory in the possession of the
institution of direct administration shall be drawn up and
updated by the relevant capital company of the public person. The
assessment shall be submitted to the local government in the
administrative territory of which the relevant vacant land or
degraded territory is located.
(2) The local government shall draw up and approve by a
council decision the assessment of the possibilities of using the
vacant land and degraded territory in its ownership and
possession.
(3) The following shall be included in the assessment of the
possibilities of using the vacant land and degraded
territory:
1) the assessment of the current use of the land;
2) the assessment of the further use of the land, in
conformity with the use of territory specified in the spatial
development planning documents;
3) the assessment of investments which are necessary in order
to ensure as good type of use of the land as possible;
4) the assessment of the possibilities of using, leasing or
alienating the land;
5) the foreseeable income from land use and deductions into
the local government or State budget for the use of capital;
6) other information regarding the use of the relevant
land.
(4) The institution of direct administration and the capital
company of the public person does not need to draw up the
assessment of the possibilities of using the vacant land and
degraded territory referred to in Paragraph one of this Section,
if the use of the relevant land is governed by other laws and
regulations.
(5) The institution of direct administration, the capital
company of the public person, or the local government, in
deciding on further use of the vacant land or degraded territory
in the ownership or possession of the State or local government,
shall take into account the relevant assessment. The local
government shall take into account the assessment drawn up by the
institution of direct administration, the capital company of the
public person, or the local government, in preparing spatial
development planning documents.
Section 15. Management of the Marine
Coastal Area and Inland Public Waters
(1) The ministry responsible for environmental protection is
the possessor of inland public waters which are located in nature
reserves, national parks, and nature reserves and are not in the
ownership of private individuals or in the possession of another
ministry, and of the land part of the marine coast which is
located in nature reserves and in a nature reserve zone of
national parks and are not in the ownership of private
individuals or in the possession of another ministry. If in
accordance with laws and regulations a co-ordination from the
owner is necessary for the performance of certain activities, the
ministry responsible for environmental protection shall
co-ordinate the activities to be performed in public waters in
its possession on behalf of the owner.
(2) The local government is the possessor of marine coastal
waters adjacent to its administrative territory, as well as of
the land part of marine coast and inland public waters in its
administrative territory the possessor of which is not the
ministry responsible for environmental protection or another
ministry and which are not in the ownership of private
individuals. If in accordance with laws and regulations a
co-ordination from the owner is necessary for the performance of
certain activities, the local government shall co-ordinate the
activities to be performed in public waters in its possession on
behalf of the owner.
(3) If a private individual has land under public waters in
his or her ownership and it is being sold, then the State shall
have the pre-emptive right to the land to be alienated. A
decision to exercise or not exercise the pre-emptive right shall
be taken by the Cabinet.
(4) It is prohibited to alienate, pledge, or otherwise
encumber the inland public waters and marine coastal area in the
ownership of the State with property rights. Construction in
inland public waters and marine coastal area is prohibited,
unless it has been specified otherwise in laws.
(5) The local government shall take care of improvement of
marine coastal waters and land part of marine coast in its
possession and shall ensure its sanitary cleanness, perform
spatial planning, as well as ensure the operation of rescue
services in the bathing places managed by the local government
where it is necessary.
(6) The ministry responsible for environmental protection
shall supervise the operation of local governments which is
related to the management of inland public waters and marine
coastal area in their possession.
(7) The marine coastal area and inland public waters are
provided for free use of anyone and accessible to the public,
unless it has been specified otherwise in laws.
(8) The local government has the right to determine a
prohibition to be present on ice of waters in the inland public
waters in its administrative territory and of other waters in its
possession, as well as on ice of marine coastal waters adjacent
to its administrative territory in such places where life and
health of a person may be endangered. Upon assessing the
potential threat to life and health of a person, the gathering
intensity of people, weather conditions, and meteorological
forecasts, as well as the probability that a sufficiently durable
layer of ice is not forming, shall be taken into account. The
local government may notify the relevant decision by publishing
it on its website.
(9) The ministry responsible for environmental protection and
local governments shall, in accordance with the procedures
stipulated by the Cabinet according to which budget institutions
keep accounts, keep accounts of inland public waters, marine
coastal waters, and the land part of the marine coast in their
possession referred to in Paragraphs one and two of this
Section.
[15 September 2016; 7 March 2019]
Section 16. Registration of
Ownership and Possession Rights in Relation to Marine Coastal
Area and Inland Public Waters
(1) The ownership rights existing on the basis of the law to
marine coastal area and inland public waters shall be in effect
also without entering them in the Land Register. The ownership
rights to marine coastal area and inland public waters do not
need to be corroborated in the Land Register, unless it has been
laid down otherwise in laws.
(2) The cartographically specified boundaries of land parcels
of inland public waters in spatial data of the State Immovable
Property Cadastre Information System shall be changed if
boundaries of adjacent land parcels are adjusted in performing
cadastral survey or if coastal line is being updated. The
boundaries of the marine coastal area shall be determined and
updated cartographically after determination of the marine
coastal line and confirmation of the limit of the highest wave of
the sea.
(3) The possession rights to the marine coastal area and
inland public waters shall be registered in the State Immovable
Property Cadastre Information System in accordance with Section
15, Paragraphs one and two of this Law.
[3 February 2022]
Section 17. Reserve Land Fund and
Land not Used for the Completion of Land Reform
(1) The relevant local government shall be the possessor of
land parcels included in the reserve land fund and of land
parcels not used for the restoration of the ownership rights
until the moment when the Cabinet issues an order regarding
entering thereof in the Land Register in the name of the State or
they are entered in the Land Register in the name of the local
government.
(2) The local government has the right to lease the land
parcels referred to in Paragraph one of this Section in
accordance with the laws and regulations regarding leasing land
of a public person which govern leasing of the local government
land. The lease contract shall provide for the rights of the
local government to unilaterally terminate the contract if the
Cabinet issues an order on entering of the leased land parcel in
the Land Register in the name of the State, if the leased land
parcel is assigned in ownership as equivalent land.
(3) Construction of such new structures which must be entered
in the Land Register as independent property objects in
accordance with the laws and regulations governing operation of
Land Registers is prohibited on land parcels referred to in
Paragraph one of this Section. If in accordance with laws and
regulations a co-ordination from the owner is necessary for the
performance of certain activities, the local government shall
co-ordinate the activities to be performed on the land parcels
referred to in Paragraph one of this Section.
(4) While the Cabinet has not issued an order regarding
completion of the land reform in the administrative territory of
the relevant local government or the territorial unit of the
municipality local government, the local government council may
take a decision on belonging of the land parcel included in the
reserve land fund or being in jurisdiction of the local
government, and the Cabinet may issue an order regarding
belonging or being of land parcel in jurisdiction of the State,
if the land parcel included in the reserve land fund is land
belonging to or being in jurisdiction of the State or local
government in accordance with the Law On Ownership Rights to
State and Local Government Land and Corroboration Thereof in Land
Registers.
(5) The land belonging to and being in jurisdiction of the
State and local governments after completion of the land reform
shall be assessed in accordance with the procedures stipulated by
the Cabinet within two years after the Cabinet has issued an
order regarding completion of the land reform in the
administrative territory of the relevant local government or in
all territorial division units of the municipality.
(6) The land parcels referred to in Paragraph one of this
Section for which, within the time period specified in Paragraph
five of this Section, local governments and ministries have not
made a note on the land parcel being in the ownership or
jurisdiction of the local government or the State in the
assessment lists of land included in the reserve land fund and
not used for restoration of property rights published by the
State Land Service, shall be in the jurisdiction of the local
government within its administrative territory. The decision on
entering these land parcels in the Land Register shall be taken
by the local government. Until the land parcel is entered in the
Land Register in the name of the local government, the Cabinet
may issue an order on the land parcel being in the jurisdiction
of the State if it is necessary for the implementation of State
administration functions.
[27 September 2018; 7 March 2019; 3 February 2022; 20
October 2022]
Chapter V
Land and Soil Protection and Quality Assessment
Section 18. Management of Degraded
Territories and Measures for Prevention of Degradation
(1) The purpose of measures for the prevention of land
degradation is to prevent the causes and consequences of
degradation in order to promote sustainable use of land.
(2) The local government shall determine and mark the degraded
territories in the spatial development planning documents, as
well as provide for the necessary conditions for the use of land.
Information regarding degraded territories shall be included and
maintained in the Spatial Development Planning Information
System.
(3) The land owner or possessor shall ensure soil
recultivation. If soil degradation is caused by an object in the
ownership or possession of another person, the expenses for soil
recultivation shall be covered by the owner or possessor of such
object.
(4) The territories in which signs of soil degradation have
been detected, shall be used in a way to limit further soil
degradation and ensure the preservation of soil fertility.
(5) If it is necessary to take measures for the prevention of
land degradation for ensuring the joint interests of the society,
including for restricting the spread of invasive plant species,
the local government shall inform the land owner or possessor
thereof and request him or her to take the abovementioned
measures within a specified period of time.
(6) If the land owner or possessor does not take the measures
for the prevention of land degradation within the time period
specified by the local government, the local government has the
right to take the necessary measures regardless of the belonging
of the property, informing the relevant owner or possessor
regarding the decision taken in advance. The local government
council shall decide on the measures for the prevention of land
degradation. The decision of the local government council may be
appealed to the court within one month after notification
thereof. The expenses related to the measures for the prevention
of land degradation shall be covered by the land owner or
possessor.
Section 19. Mapping of Soil and
Quality Assessment of Land
(1) Mapping of soil and quality assessment of land shall be
carried out for agricultural land at least every 20 years.
(2) Soil mappers and land quality assessors, and also persons
who perform environmental or national forest monitoring have the
right to move and take soil samples on agricultural and forest
land without restrictions in the performance of their duties,
presenting a service or work certificate, if necessary.
(3) [1 January 2025 / See Paragraph 51 of
Transitional Provisions]
[7 March 2019]
Section 20. Changing the Category of
Land Use
(1) If it is necessary to change the category of land use for
implementation of the intended activities, it shall be changed,
taking into account the requirements of the spatial development
planning documents of the local government and other laws and
regulations.
(2) If changing of the category of land use is proposed in
relation to ameliorated land, technical provisions for the
activities to be performed in the ameliorated land shall be
issued, in the cases specified in the Amelioration Law, by the
authority responsible for amelioration.
(3) Changes in relation to the category of land use for areas
in the State Immovable Property Cadastre Information System are
updated in accordance with the procedures laid down in the State
Immovable Property Cadastre Law.
Chapter VI
Land Monitoring and Information Related to Land
Section 21. Implementation of Land
Monitoring
(1) Land monitoring shall be implemented as follows:
1) the State Land Service, using the data of the State
Immovable Property Cadastre Information System, shall, each year
by 15 March according to the condition as on 1 January, prepare
the annual report on division of land according to the permitted
use of the territory, the type of land use, and the status of the
ownership rights in each administrative territory, unit of
territorial division, and the State in general;
2) once in five years a land report shall be prepared, using
spatial and textual data of the information systems referred to
in Section 22 of this Law;
3) regular land survey shall be performed in accordance with
the procedures laid down in laws and regulations.
(2) Information which has been obtained upon implementing land
monitoring, shall be used in planning the spatial development and
land use, as well as in the development and introduction of the
land policy at local, regional and national level.
(3) The following information shall be included in the land
report referred to in Paragraph one, Clause 2 of this Section,
taking into account the administrative territories and their
territorial division:
1) regarding the territorial division according to the
categories of land use;
2) regarding the territorial division according to the
permitted use of land;
3) regarding the territorial division according to the status
of the ownership rights and the status of land owners, including
indicating the land belonging to foreigners and legal persons
registered in foreign countries;
4) regarding the agricultural land areas which are not
managed;
5) regarding the degraded territories and their area;
6) regarding changes in the area of ameliorated land;
7) regarding polluted and potentially polluted places;
8) regarding the specially protected nature territories;
9) regarding the land cover;
10) regarding changes in the quality assessment of land, if it
has been updated;
11) regarding other changes in the land use.
Section 22. Infrastructure of the
Information Related to Land
(1) Access to the data necessary for land management shall be
ensured by the following information systems:
1) the State Immovable Property Cadastre Information System -
for the data regarding division of land according to the status
of the ownership rights and the status of land owners, the types
of land use, and the cadastral value of land;
2) the State Address Register Information System - for the
spatial data regarding the boundaries of administrative
territories and units of their territorial division;
3) the Basic Geospatial Information Data System - for the data
of topographical maps;
4) the Spatial Development Planning Information System - for
the data regarding permitted use of the territory;
5) the Information System of Encumbered Territories - for the
data regarding encumbered territories;
6) the Soil Information System - for the data regarding the
results of soil mapping and agrochemical surveys, and also other
indicators characterising soil and land quality;
7) [7 March 2019];
8) the Register of Polluted and Potentially Polluted Places -
for the data regarding polluted and potentially polluted
places;
9) the Geographical Information System of the Rural Register -
for the data regarding land units;
10) the Information System of Amelioration Cadastre - for the
data regarding amelioration systems;
11) the Forest State Register - for the data regarding forest
and forest land;
12) the Population Register - for the data regarding foreign
natural persons;
13) the Commercial Register - for the data regarding legal
persons registered abroad;
14) the State Unified Computerised Land Register - for the
data on land ownership rights.
(2) Access to geospatial data sets which are necessary to the
authority responsible for drawing up a land report for the needs
of land management, their use and interoperability shall be
ensured by holders of geospatial data sets in accordance with the
procedures laid down in laws and regulations, using the
infrastructure of the unified geospatial information portal.
(3) Access to textual data which are necessary to the
authority responsible for drawing up a land report for the needs
of land management, shall be ensured by holders of the relevant
information systems free of charge.
[7 March 2019]
Transitional Provisions
1. The assessments of the possibilities of using vacant land
and degraded territory referred to in Section 14, Paragraphs one
and two of this Law shall be approved by 1 January 2016.
2. Section 6 and Section 15, Paragraph three of this Law shall
come into force on 1 January 2016.
3. Section 16, Paragraphs two and three of this Law shall come
into force on 1 January 2017.
[27 September 2018]
4. Chapter III of this Law shall come into force on 1 January
2023.
[22 November 2017; 13 November 2019]
5. The Cabinet shall:
1) by 31 December 2015, issue the regulations referred to in
Section 13, Paragraph one, Clauses 2, 12, and 13 of this Law;
2) by 31 December 2016, issue the regulations referred to in
Section 13, Paragraph one, Clause 9 of this Law;
3) by 31 December 2019, issue the regulations referred to in
Section 13, Paragraph one, Clause 6 of this Law;
4) by 31 December 2018, issue the regulations referred to in
Section 13, Paragraph one, Clause 10 of this Law;
5) [20 October 2022];
6) by 31 December 2023, issue the regulations referred to in
Section 13, Paragraph one, Clause 5 of this Law;
7) by 31 December 2024, issue the regulations referred to in
Section 13, Paragraph one, Clauses 7 and 8 of this Law.
[22 November 2017; 25 October 2018; 7 March 2019; 13
November 2019; 3 February 2022; 20 October 2022]
5.1 Section 19, Paragraph three of this Law shall
come into force on 1 January 2025.
[7 March 2019 / The abovementioned amendments shall
be included in the wording of the Law as of 1 January
2025]
6. The land report referred to in Section 21, Paragraph one,
Clause 2 of this Law shall be drawn up for the first time by 1
January 2018.
7. If the land reform is completed in the administrative
territory of the local government until the day of coming into
force of this Law, the land belonging to and in jurisdiction of
the State and local government in the administrative territory of
the relevant local government shall be determined by 1 February
2018.
8. Section 22, Paragraph one, Clauses 4 and 5 of this Law
shall come into force on 1 January 2016, but Clause 6 - on 1
January 2028.
[7 March 2019]
9. The first mapping of soil and quality assessment of
agricultural land shall be commenced by 1 January 2028.
[7 March 2019]
10. Section 5, Paragraph six of this Law shall not apply to
those spatial plans in which, until the date of coming into force
of the relevant regulation, special conditions for the use are
laid down for the territories intended for the development of the
public infrastructure. If the conditions for the use of land
included in the relevant spatial plans cause losses to a person,
the person may demand that the responsible authority compensate
for such losses in accordance with civil law procedures.
[27 September 2018; 3 February 2022]
11. The Cabinet order on the land parcels referred to in
Section 17, Paragraph one of this Law which have been assessed in
accordance with the procedures stipulated by the Cabinet and
marked as owned by the State or in the jurisdiction of the State
in the assessment list of land included in the reserve land fund
and not used for restoration of property rights, published by the
State Land Service, may be issued also after the time period
specified in Section 17, Paragraph five of this Law.
[27 September 2018]
12. The requirement in respect of keeping accounts of the
marine coastal waters and the land part of the marine coast laid
down in Section 15, Paragraph nine of this Law shall not be
applied until the first registration of the marine coastal area
in the State Immovable Property Cadastre Information System and
for one year thereafter.
[3 February 2022]
13. Chapter III of this Law shall come into force on 1 January
2023.
[20 October 2022]
The Law shall come into force on 1 January 2015.
The Law has been adopted by the Saeima on 30 October
2014.
President A. Bērziņš
Rīga, 15 November 2014
1 The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)