Land Registration Reform in Georgia

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Presentation transcript:

Land Registration Reform in Georgia Welcome everybody, thank you elena for introducing me, today I will talk about land registration reform in Geogia, and than the chairman of napr mr… and I will be glad to answer your questions, if any. Speaker – Elene Grigolia, National Agency of Public Registry, Georgia

Land Administration System Development 02 Land Administration System Development Privatization → Property ownership rights established→ Land Management State Department created as immovable property rights registering authority; operation of Bureau of Technical Inventory → doubling of functions, corruption, complicated procedures 1990s Property Market Development → NAPR created → Land Administration system reform implemented → one-stop-shop service, simplified registration procedures, unified IT infrastructure, legal framework improved → well-functioning, customer-oriented, corruption-free, and transparent registration system 2004- 2016 the 1990s was a very interesting period in Georgia: privatization reform was conducted, property ownership rights were established, LMSD was (), BTI started operation and it had doubled functions. However corruption complicated operation procedures. And as a result …. Was formed. However there is still a lot to do, In 2016-2020 - registration should cover the whole country, priorities are data accuracy and quality improved, NSDI should be developed, and confidence of population in the system should be increased. Full coverage of the country→ Data accuracy and quality be improved → NSDI should be Developed → Confidence Increased 2016- 2020 2

National Agency of Public Registry 3 Legal Entity of Public Law under the Ministry of Justice of Georgia, established in 2004 Registry of Immovable property Rights Registry of Lien, Tax Lien/Mortgage . Business Registry Pledge Registry The main functions of the National Agency of Public Registry are: registration of rights to immovable property, entrepreneurial and non-entrepreneurial (non-commercial) legal entities, addresses, public-law restrictions, tax lien/mortgage, political unions of citizens, municipalities, as well as development of National Spatial Data Infrastructure, geodesy, mapping and cadastre. Registry of Political Parties Address Registry Geodesy and Cartography Cadastre

Challenge for Land Administration 4 Complex registration procedures - bureaucratic barriers Fees for collection of documents and acquisition of ownership rights Cadastral coverage of only 30% of privately held land parcels Unregulated surveying activities Deficient documents of ownership rights Effective land registration system is a critical factor to facilitate effective land administration policy and to ensure the protection of private and public interests related to land ownership and investments. Effective system of land administration and comprehensive land registration represent the basis for the productive functioning of market economies, the development of the agricultural sector, and the sustainable and effective management of land resources, which will contribute to stable economic growth. It is necessary to finally conclude the reforms that started in 1992 to facilitate the development of land markets in Georgia. Despite the land registration reforms, the majority of rural land parcels outside the urban areas of Georgia are not yet registered and recorded accurately in the national cadastre. Moreover, only about 30% of land parcels in Georgia are registered properly. According to current statistics, the number of registrations of non-agricultural land (which are primarily located in urban areas) significantly exceeds the number of registrations of agricultural land. So, based on the above , u can see the challenges that our country is facing “Overlapping” of boundaries of land parcels Disputes between neighbors

Sporadic Registration The State Project Law of Georgia “On Special Procedures for systematic and Sporadic Registration of Land Titles and Improvement of Cadastral Data under the State Project” and by-laws have been adopted Sporadic Registration Registration throughout the country On the basis of documents submitted by interested persons The efforts of the Government of Georgia are directed to introduce a comprehensive solution in order to increase the number of registered land parcels, register land without barriers, ensure cadastral coverage of privately held land and develop the land market. For this purposes, the Law of Georgia "On Special Procedures for Systematic and Sporadic Registration of Land Titles and Improvement of Cadastral Data under the State Project" has been adopted. The sporadic registration involves registration of land titles and changes in the registered data throughout the country on the basis of applications and registration documents submitted by interested persons.

Development of land market Goals of the Reform Development of land market More registered land parcels Registration of land without barriers The purpose of the present law is to provide complete legal and cadastral data collection under the State Project, namely, ensuring compliance of the cadastral data and the actual location of a land parcel, improvement of the Public Registry data and registration of land tittles without barriers. Cadastral coverage of privately held land parcels

New mechanisms New model of mediator/notary mediator Service of “Statement of Facts” New standard of cadastral/survey/measurements Certification of surveyors Ascertainment of ownership of the title document by the special commission Legalization of deficient documents Within the frameworks of the reform, several new mechanisms have been established: The disputes between neighbors can be solved through the simplified procedure, such as mediation or notary mediation. The time for mediation is maximum 3 weeks, that is much less than court proceedings. The mediation process is confidential, which ensures effective communication between the parties. If necessary, NAPR addresses the National Bureau of Enforcement for the service of “statement of facts” to prove the actual situation on-spot. Other services provided under the reform are: ascertainment of ownership of the title document by the special commission, confirmation of location of land parcel by a representative of Municipality, fast and free-of-charge consideration of a case on illegally occupied land parcel by the Ownership Rights Recognition Commission, possibility to register 15% more of the land parcel area indicated in a document and legalization of deficient documents, which includes inaccuracies in letters of name, data and number of the document, number of necessary signatures of responsible persons, etc. so u can see the list of new mechanism on the slide Confirmation of location of land parcel Fast and free-of-charge consideration of a case on illegally occupied land parcel Possibility to register 15 % more of the agricultural land parcels area indicated in a document

The State Project Systematic Registration 1. Karaleti 2. Djimiti 3.  Arboshiki 4.  Arkhiloskalo 5.  Salkhino 6.  Manglisi 7.  Zaridzeebi 8.  Vedidkari 9.  Lakhamula 10.  Saguramo 11.  Mzisguli 12.  Shuakhevi Registration activities in 12 settlements under the Pilot Project The systematic registration of land through a National Program is one of the most substantial initiatives implemented in Georgia in recent years. Prior to the National Rollout, the Pilot Project will conduct surveying and proactive land registration activities in 12 settlements across Georgia selected to represent geographic variety of the country and based on a classification of land tenure situations in the country. So you can see the 12 settlments

The Pilot Project “Irrigation And Land Market Development Project” Financed under the Agreement between Georgia and International Development Association (IDA) The irrigation and drainage component – by the Ministry of Agriculture of Georgia The Pilot Project is financed under the Agreement between Georgia and International Development Association (IDA), which was signed on 21st of November 2014 and entered into force on 13 March 2015. The Agreement provides for a 50 million US$ loan in order to improve delivery of irrigation and drainage services in selected areas and to develop improved policies and procedures as a basis for national program of land registration. The Irrigation and Drainage Component is implemented by the Ministry of Agriculture of Georgia. The Land Market Development Component is implemented by the Ministry of Justice of Georgia through the Legal Entity of Public Law - National Agency of Public Registry. The Land Market Development Component – by the National Agency of Public Registry, Under the Ministry of Justice

Policy and Procedural Development Land Market Development Component 10 1 Development of Guidelines Define policies, procedures and methodology Introducing dispute resolution mechanisms Policy and Procedural Development Training of staff and surveyors Social mobilization of Land owners Surveying land parcels and collecting title documents Updating maps and documents Quality Control Dispute resolution Registration 2 Pilot Project The Land Market Development Component envisages implementation of the pilot phase of a land registration program in order to redefine and test the policies and procedures for registration of agricultural land that would allow the majority of existing land ownership rights to be registered. This component involves three key elements: Policy and Procedural Development, including the development of the Guidelines for pilot land registration, define policies, procedures, methodology and dispute resolution mechanisms for different land possession scenarios to be dealt with under the pilot and, based on lessons learnt from the pilot, these would be improved as a basis for a national program. Pilot registration will be undertaken totally in about 48,000 parcels; the pilot would involve training of staff and surveyors, social mobilization of land owners, land title document collection, surveying land parcels, updating maps and registration documents, dispute resolution, registration and issue of electronic certificates. The Pilot Project involves designing and implementation of a system for monitoring land registration and evaluating its economic impact. It will assess the effectiveness of policies and procedures for pilot land registration, assess the quantitative impact of land registration and progress in implementation of nationwide land registration in future. The Project will ensure the inclusion of female land owners in pilot registration. It will seek to ensure that recommended policies and procedures, in particular those relating to joint ownership and inheritance of land, protect the rights of female land owners. Effectiveness of policies and procedures Quantitative impact of Land registration Progress in implementation of nationwide land registration 3 10 Monitoring system

Latest results of the Reform 01.09.2016 – 17.03.2017 successfully completed 93 134 document retrieval from other entities 37 968 Recognition Commission under Municipality 14 333 About 100 000 currently being processed 7666

Outcomes of the Reform Cadastral coverage of privately held land parcels Sustainable land market Secured ownership rights The reform ensures cadastral coverage of privately held land parcels, sustainability of land market and securing ownership rights. A citizen gets simplified, free-of-charge services based on “one-stop-shop” principle. A successful implementation will also have many significant follow-on benefits for the country, resulting in a more efficient public administration. For example, the complete inventory of land parcels will introduce the opportunity to develop appropriate land administration and land use policies that will promote continual economic growth in the agriculture and agribusiness sectors. The new land reform will also add to transparency and accountability of Georgian land governance and improve investment attractiveness of the country. A successful implementation of the reform will have a profound effect, creating numerous benefits for both private citizens and for the state, contributing not only to economic growth but also to the improvement of the livelihoods of the general public. Centralized registration process – “One-Stop-Shop” principle Free services of NAPR and other organizations

Thank you for your attention!