A formal description of subdivision - The Turkish case


Activity Subdivision recorded in Cadastre and Land Registry.
Context Owner sells a parcel of his unit of real estate.
Special context The transfer of ownership of a whole unit of property means only a change of title registration and is carried out between the owner and the Land Registry directly. 
Actors 
(legal competencies)
Active: The Cadastre Office, cadastral surveyor, Land registry, owner, Municipality Office or Housing or Building Directorate, Chamber of Surveying Engineers.
Passive: Holders of rights in the unit, neighbors, notary,
Trigger  Owner requests the service of cadastral surveyor.
Sub-activities 
  1. The owner and the Surveyor agree upon a contract. Thus, the surveyor undertakes the subdivision work and files the case.
  2. The cadastral surveyor obtains a copy of section of a large map concerning the parcel from The Cadastre Office. 
  3. If the parcel is located within boundaries of a Municipality, the cadastral surveyor gets approval document from Municipality Council according to Zoning Plan. Else, the surveyor gets approval documents from City Management Committee. Fee is paid for this approval document.
  4. The cadastral surveyor obtains information required from the Cadastre Office. Obtaining information is to subject to fee defined in yearly.
  5. The surveyor prepares the project file, establishes current boundaries, marks new boundary points and measures them based on national co-ordinate system, calculates the coordinates of new points and prepares the map of the parcel and files all these documents. He prepares this file in four copies.
  6. The surveyor takes this project file to the Chamber of Surveying Engineers to be approved. As approval fee, the surveyor pays two percent of the project price defined based on unit of the square meter. 
  7. The surveyor submits the one of the four copies to the municipality Council/ City Management Committee to be checked its suitability to zoning plan. 
  8. The surveyor submits three copies to the Cadastre Office. The cadastre authority checks the file both in office and in the field and approves. As control cost, the cadastre office gets 5% of the project price.
  9. The cadastre office sends the file to the land registry to be checked. The land registry examines the file. The Land registry updates registers and prepares new title certificates. But, does not fill out the item named "Parcel Number" on new title certificates. Concerning economic aspect of this process, Land Registry gets 0.9% of purchase value declared by the owner as fee. In addition, Land Registry gets two taxes for each transaction, about 20 million Turkish Liras. These two taxes are temporal. Besides, Land Registry gets fee called The Rolling Fund fee. This fee is different in every place. 
  10. The Land Registry sends the approved file to the cadastre office. The cadastre office gives new parcel numbers and updates registers and then sends back the one of three files to the Land Registry.
  11. The Land registry fills out parcel number items of new title certificates and gives them to the owner. 
  12. The cadastre office submits the one copy to Regional Directorate of Cadastre to be archived. One copy is archived at The Cadastre Office.
  13. The owner pays fee to the cadastral surveyor.