Rik Wouters MScSenior Expert

The Netherlands Kadaster

Round table Land Registration and Business Models: diversity of contexts and systems

Experiences in the Context of the Administrative – Agency Model

Agenda

The land register as a tool to protect a basic right Secondary functions of land register Typology of land registers: administrative (including public

agency), quasi-judicial, and judicial systems. Key functions of the state on the land register that cannot be

delegated Quality requirements of any land administration system Possibilities, limits and conditions to outsourcing register services

Land registry and cadastre: introduction

Core processes in land administration

– Land registry and cadastre

– Valuation

– Land use planning Typical task and services of the Agency

– Register deeds

– Measure parcels

– Supply information

Land registry and cadastre core processes

Typical tasks and services

Agency model

Independent body from the State

– Financially

– Recruitment of staff

– Strategy and operations Link between Agency and the Minister:

– Plans and Accounting

– Control on perfomance Legislation by the Minister

– Property law; law long lease

– Law on the organisation

Primary function: Legal certainty

CadastreCadastre

RegistersRegisters MapsMaps

Register Deeds/titelsRegister Deeds/titels

Land registerLand register

Ownership rightsOwnership rights

MortgageMortgage

Computerised registration of essential dataObject, Owner,

rights, restrictions, burdens

Computerised registration of essential dataObject, Owner,

rights, restrictions, burdens

Surveying Cartographic

information system

Surveying Cartographic

information system

System of Key registers

Status

Authentic Registers to support multi-purpose functions of registers-Taxation-Privatization programmes-Land use management-Physical planning-Agriculture subsidies

Land registry

Prime role of Government

Draft and maintain legislation: property law, long lease law, etc

Assure consistent link with other related laws like inheritance law, public and private law, matrimonial law, etc

Define mandate and responsibilities of Agency– Act or Ordinance on the organistion– Yearly Directive on the operation

Redefine and extend tasks and evaluates performance of Agency

Allocate budgets for agreed tasks

Publication of the

instruction for 2015

In Sweden

Organisation Agency: NL case

Minister

Land Registry and

SurveyingICT-services

GEO- and Real

Estate information

Supervisory Board

Chair of Board

Corporate functions

Kadaster

Organisation: Swedish case

Internal Audit

Board

CorporateFunctions

CadastralServices

Metria

Divisions

GeodataLand

Registration

Director GeneralThe Director General’s staff

MinisterMinister approves typically

•Long-term policy

•Pricing policy

•Annual accounts

•Continuity policy

•Members Board

Agency

Business model

Financing based on cost recovery Cost and expenses

– Human resources– IT-systems and development– Buildings– Equipment, transport

Revenues and income– Fees from registration activities and surveying services– Fees from information services– (semi-)commercial activities– Budget financing from State for specific goals

NB: tariffs for services and products most important mechanism to balance costs and income

Business model (information services)

Direct delivery and licensing to end user

Value-added

resellers

End users

Lan

tmäte

riet

(pro

du

cts

)

Delivery to

reseller

Value-added product

Data sharing

Delivery to 2:nd level

reseller

2:nd level

Value-added

resellers

Value-added

product

Norwegian model

Separate Agency to profide information

Outsourcing of work

Main goal to outsource– Concentrate on core business– Arrange for specific expertise– Reduce (financial) risks

Tendency to outsource work– IT services (infrastructure, data centre, SW-development)– Surveying works– Information supply

Tendency to reduce financial risks– Hire temporary staff– Rent or lease office space– Facility management (catering, cleaning, printing)

NB 1: Ambition in many cases to “attract” new workNB 2: Difficult to draw a line: what should be in de hand of the State?

Quality of work

Agency defines quality standards Liability is differently assured and arranged Dispute resolution is important but to avoid court

cases is better: go for maximum quality/coverage Performance measured by

– balance score card, internal quality system– But also bench marking, end user surveys– ISO, – Own standard: Good Governance Code

NB: Agency works both in deed and title system

Some critical principles

Agency is not a political instrument Management of the Agency should be independent from political

“color”: no political nominations Agency must be aware of its position integrity is crucial: do not

spoil trust of the Minister Agency model is efficient and flexible: acts as a business Agency model is to be promoted but taking into account the

national legal traditions and institutions, and avoiding automatic and uncritical institutional transplantation

Question remains whether the Agency works best in an “merged” organisational structure:

– Land Registry and Cadastre Institutes under one roof?

Thank you for your attention