key issues for improving and monitoring land governance in moldova annual world bank conference on...

Key issues for improving and monitoring land governance in

Moldova

Annual World Bank Conference on LAND AND PROVERTY

24-27 March 2013

Angela Matcov, Republic of Moldova

General data about Moldova• Territory – 33 800 sq. km

• Population – 3,56 million (excl. breakaway territory Transnistria)

39% urban area inhabitants61% rural area inhabitants

• GNI per capita – 2070 USD

• 1500 localities

• 5,5 million real properties (estimated)

• 4,7 million real properties legally registered in cadastre

26 March 2014 Angela Matcov, Republic of Moldova 2

Key points of the Moldavian Land Administration

as of today• Unified system

– Property objects and rights in single organization and single system;– Land & constructions & premises;– Address Register– Legal & Technical & Value data;– State and private properties are treated equally.

• Digital– Central database contains data for the whole country;– Cadastral and legal data (graphical and descriptive) covers 85% country;– Data exchange with other state registers– Data services available on-line (e-services)

• Multipurpose – Property guaranty, valuation for taxation, market service.

• Self financed operational entities– Full cost recovery from fees of the clients


Organizational structure Real Property Administration System

GOVERNMENT

Ministry of Regional Development and

Constructions

Construction State Service

Ministry of Economy

Public Property Agency

Ministry of Agriculture Ministry of Justice Ministry of Finance

Tax Service

Agency of Land Relations and

Cadastru

SE Cadastru

Surveying companies

Notaries

Municipalities

Districts (rayons)

Privatization process 1991 - 1999

1991: Agricultural reform• agricultural land privatization (1996-2001)• 98,7% of agricultural land liable for privatization is

private (high fragmentation of lands, ave land plot is 0,8 ha)

• 2,8 million titles issued and registered in cadastre

1993: state-owned housing stock privatization1993: privatization of enterprises and non- residential buildings

1999: individual housing land plots privatization


Establishing the national cadastral system

1999 -2007• Building the legal framework

1998 Law on real estate cadastre1998 State Program on real estate cadastre creation2000 Fiscal code (covering Immovable property tax)2001 Law on pledge2002 Civil Code2002 Law on valuation2004 Law on real estate formation

• Accelerating the process of land distribution2,8 million agricultural land titles registered1,1 million property titles issued in 900 localities


Establishing the national cadastral system

1999 - 2007• Building the system of cadastral offices

• State Agency of Land Relations and Cadastre established

• 12 territorial cadastral offices established and 28 branch offices, reorganized in 2006 being established the state – owned enterprise “Cadastru” with 39 branch offices

• Systematic registration (World Bank supported progects)

• 4,2 million properties registered in a systematic registration procedure

• 14 151 sq. m. of territory covered with cadastral maps

• Developing a property valuation system for tax purposes


Factors affecting the outcomes of the privatization and property registration

The local authorities in rural area were not ready for privatization and systematic registration process

• lack of reliable information, • lack of clear procedures to follow in case of

excess land,

• delay in approving decision regarding the transfer of property in private ownership

• lack of capacity for a quality control procedure

Data quality was affected by lack of clear procedures in quality control of land planning projects


Development Partnership

Policy issues

• WB: Land governance assessment framework (2012 – 2013)

• UNECE: Moldova Country profile (2013 – 2014)

Technical & Operational issues

• Norwegian Government technical assistance:– aero photo imagery for

the whole country 2007, partly updated for flood areas 2011

– MoldPOS 2010 (reference stations network covering the whole country)

– Integrated real property registration system (MoldLIS on-going)


LGAF FindingsThematic Areas Good

PracticePoor Practice

Legal and Institutional Framework 46% 54%

Land Use Planning, Management and Taxation

36% 64%

Management of Public Lands 56% 44%

Public Provision of Land Information 85% 15%

Dispute resolution and Conflict Management

71% 29%

Forestry 42% 58%

Large Scale acquisition of land 31% 69%


General recommendations

• Completing the sureying and registration of land and properties and associated rights

• Improve the regulations and enforcement for joint-ownership and communal land tenure

• Strengthen the urban planning and its enforcement mechanisms

• Strengten the responsibility and administrative capacity of LPAs to manage building permits and legalization of constructions (DB 2014 score 174).


General recommendations cont’d

• Complete the tax reform to achieve the full benefits of a modern ad-valorem property tax system (nowadays there are 2 tax systems in place).

• Improve the expropriation procedures which need to be made more expedient and recognize non-registered, informal rights on land and property.

• Clarify and strengthed the responsibilities, duties and capacity of state and local agencies to manage public lands (demarcation and registration of public lands)



• Improve forest land management in order for Moldova to head into the direction of greener growth

• Moldova’s evolution into a multi-functional cadastre should be considered within the goal of National Spatial Data Infrastructure (NSDI) development

• Develop alternative mechanism for land and property dispute resolution and review the land legislation for more transparency on dispute resolution mechanisms26 March 2014 Angela Matcov, Republic of Moldova 13


• Encourage citizen participation through the provision of access to information, entry points for interaction and mechanisms to monitor the implementation of land policies.

– E-Government initiatives: open data sets, digital public services by 2020, interoperability of public registers and one stop-shop for public services


Final general recommendation


“... here we must run as fast as we can, just to stay in place.

And if you wish to go anywhere you must run twice as fast as that.”

Lewis Carroll, Alice in Wonderland

https://www.goodreads.com/author/show/8164.Lewis_Carroll

https://www.goodreads.com/work/quotes/2933712

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