In the course of procedures for the preparation of cadastral maps and cadastral registers for urbanised territories, errors and inconsistencies increasingly emerge between the boundaries of the urbanised areas of settlements and the boundaries of the adjoining land territories, as reflected in the data from the land restitution maps, which have already been transformed into cadastral maps. The transformation of land restitution maps into a cadastral map is carried out ex officio, without applying the rules of Article 41 of the law concerning the integration of data from “maps, plans, cadastral plans, approved detailed urban development plans, approved detailed spatial development plans, registers, and other documentation”, and without conducting geodetic measurements. Consequently, where an “overlap” exists between the land restitution map and parts of the urbanised territory of a settlement for which a cadastral map has not yet been approved, the owners of residential plots that are recorded in the cadastral and regulatory plans of the settlement and that, for various reasons, fall within the scope of the land restitution map but are inaccurately recorded or not recorded at all therein, are unable to protect their rights within this procedure by submitting objections to the draft (Article 46 of the Cadastre and Property Register Act), including complaints regarding violations of Article 44a of the same Act. Such protection may only be sought in the procedure for the preparation of the cadastral map and cadastral registers for the urbanised territory of the settlement.
Pursuant to Article 44a of the Cadastre and Property Register Act, where inconsistencies are identified as a result of integrating data from the cadastral and regulatory plans for the urbanised territories of settlements with data from the land restitution maps, “the boundaries of cadastral objects that are physically materialised on the ground shall be recorded in the cadastral map in accordance with the ownership documents. Where the boundaries of cadastral objects in urbanised territories are not materialised on the ground, they shall be reflected in accordance with the boundaries recorded in the cadastral plan, and for areas subject to applied regulation – in accordance with the boundaries of the applicable regulatory plan.”
Irrespective of whether such inconsistencies concern so-called “contact zones” (where properties under the cadastral plan of the settlement overlap with the land restitution map) or “white spots” (where, in the process of data integration, the boundaries of properties between the construction boundary and the boundary of the land territory do not intersect), the identified inconsistencies are remedied within the procedure for approval of the cadastral map for the urbanised territory. In this process, priority is given to recording the boundaries of properties within the urbanised territory, while amendments to the cadastral map data for the non-urbanised territory are remedied under Article 53b of the Cadastre and Property Register Act as an “obvious factual error”, or, as appropriate, through the procedure for correcting incompleteness and errors.