PREPARATORY PROJECT FOR REAL PROPERTY REGISTRATION AND CADASTRE PROJECT SUPPORTED BY
UNITED KINGDOM
David Sharp”, Sanja Vurin®, Sanja Zekusi¢ ^
* Registers of Scotland, Edinburgh, UK - Dave.Sharp@ros.gov.uk
? Real Property Registration And Cadastre Project, Project Implementation Unit, Berislaviceva 11a, Zagreb,
Croatia — (sanja.vurin; sanja.zekusic)@zikprojekt.hr
ISPSR WG VI/3 Workshop
KEY WORDS: Real Property Registration and Cadastre Project, Department for International Development (DFID), Registers of
Scotland (ROS), Preparatory project, Technical Assistance (TA), Ministry of Justice, Administration and Local
Self-Government (MOJ), State Geodetic Administration (SGA)
ABSTRACT:
Preparatory projects for the World Bank or similar international financial institutions employ specific kinds of technical cooperation
and knowledge transfer activities. Such projects aim to help national institutions prepare themselves to conduct projects by assessing
the existing situation, building the capacity of the involved institutions, training and education of key staff, and by providing help in
a manner appropriate to the organisation providing the loan or grant. This work includes preparing of the initial documents necessary
to finalise negotiations with the lending institution and assisting with the start up of the project.
The Ministry of Justice, Administration and Local Self-Government and the State Geodetic Administration of the Republic of
Croatia are joint beneficiaries of the World Bank loan, European Commission donation and special government fund for the purpose
of conducting the Real Property Registration and Cadastre Project, which became effective in February 2003.
The route and progress towards the current status was not easy and was achieved with the intensive support of the Government of
United Kingdom, through the Department for International Development, which released grant funding to enable sixteen months of
expert work which was headed by the Registers of Scotland. Specifics of this preparation project and the lessons learned are
described in this paper.
1. INTRODUCTION of the registers, which can properly function only by efficiently
registering the established real property status in the field, is to
Overall Status secure the legal property transaction. The long-standing neglect
of the Cadastre and Land Registry Books, in the period of
In the 1990's as the ex-Yugoslavia broke up and the Republic common property and the Tax Cadastre, and the significant
of Croatia became independent a number of reforms were influx of requests for settling the Land Registry Book status has
initiated in order to abandon the previous socialist regime and increased the already existing mismatch of the Cadastre and
to move towards a democratic society. The sound foundation Land Registry Book data and most importantly the mismatch of
for that was the voting of the new Constitution in 1991, which those data with the real status on the ground. The formal
emphasises entrepreneurship and the free market as the basis of resolution of the problems in the Cadastre and Land Registry
the economic structure of the Republic of Croatia. Books commenced by passing the Land Registry Act (LRA)
(1996) and the Law on State Survey and Real Estate Cadastre
Reaffirmation of the institution of private property as opposed (LSSREC) (1999). However, in spite of efforts invested to date
to the common property, which was characterised under the it could be said that the status of data in the Land Registry
socialist period, started by passing new laws among which is Books and Cadastre is in such bad shape that the basic
the Law on Restitution for the Property Deprived during the provisions of the Constitution of the Republic of Croatia, which
Yugo-Communist Rule (1992) and the Law on Sale of guarantee the ownership rights and hence the legal security of
Apartments with Tenancy Rights (1992). Of particular real property ownership, is endangered.
importance is the Law on Ownership and other Property rights
(1997), which defines the new legal structure for real estate 2. PREPARATORY DFID PROJECT
where there is only one kind of ownership (common property is
abolished) and which stipulates that the right of managing, Background
using and disposing of common property ‘ex-lege’ is
transformed to private property. Based on the decision of the Government of the Republic of
Croatia in May 2000, which supported the activities concerning
The system of registering real estate and real property rights in the preparation of the World Bank (WB) loan to finance real
the Republic of Croatia consists of two registers: Cadastre, property registration and cadastre modernization, MOJ and
where the real property is registered according to its technical SGA began establishing the content of the future loan.
data and the Land Register (LR) Book, where these data are
supplemented by the data on real property rights. The purpose
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