Geodetski list, Vol. 63 (86) No. 3, 2009.
Stručni rad
An Overview of the Inconsistency and Incompleteness of Regulations Pertaining to the Plan of Separate Parts of Real-Estate
Jurica Galić
; Pro Heni d.o.o., Zagreb, Hrvatska
Sažetak
Building subdivision plan is graphical depiction of special and secondary parts of property. It is created with purpose of presentation of borders of special and secondary parts of real estate, based on information from project authorised by the competent office or based on information from measurement of derived status. Use of Building subdivision plan in process of establishing ownership of a special property is not regulated by the Law on ownership and other legal rights (NN 91/1996), neither by any other law or act. There are discrepancies and ambiguities in the text of current laws, acts and standards related to establishment of ownership of a special property and calculation of useful values of properties and co ownership proportions. Therefore, it would be necessary to regulate purpose and content of Building subdivision plan. Building subdivision plan, prepared by professional and qualified person should be mandatory and would be integral part of the certificate issued by the competent office, which is a requirement for the registration of the ownership of a special property in the land register. Building subdivision plan together with graphical part of elaborate should in addition include textual part which should outline calculation of useful areas and values of special and secondary parts of property. On the basis of such calculated useful values of special and secondary parts of property, the plan should also include a calculation of an ideal (co-ownership) part of the real estate for establishing of the right of ownership of special property. Such Building subdivision plan would be created based on information from measurement of derived status, so that particular parts of real estate which are subject of registration in land registers are equal to factual status.
Ključne riječi
Building subdivision plan; Special property of the estate; Useful surfaces; Co-ownership (ideal) part
Hrčak ID:
40863
URI
Datum izdavanja:
14.9.2009.
Posjeta: 2.464 *