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Republic of Macedonia | Agency For Real Estate Cadastre
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Questions and answers
1. How can I register my property i.e. how can I get a property list?
2. I have a possessory list, but the same is not recognized as a valid document by which I can prove the ownership of my property. What is the difference between a possessory and a property list?
3. For extended period of time, I am unable to obtain a property list. Why the procedure takes so long? What is the legal deadline for receiving a response to the application submitted?
4. When exactly will the citizens get faster and more efficient services from the Cadastre?
5. Why is AREC not performing operative geodetic works? Why has this area of work been transferred to the private geodetic companies? Why do the private geodetic companies have a higher service prices?
6. Does the Agency for REC control the work of the private geodetic companies?
7. A friend of mine told me that if I wanted my case to be processed faster, I should offer bribe to the clerk. Where can I report corruption and will my reporting of such case affect me?
8. Where can I get information of the documents required for a specific cadastre service?
9. Does a natural person have the right to submit an application for denationalization?
10. What is a sporadic registration and what is needed for a sporadic registration?
11. Why the cadastre does not perform survey?
12. How can I obtain information for a case which is submitted to the second-instance commission?
13. Can I obtain a property list in Skopje for a property located in another town?
14. Where can I get information on the procedure of land privatization?
Question:
How can I register my property i.e. how can I get a property list?
Answer:
In order to prove that you are the legal owner of a certain real property (land, house, apartment, business premises…) you must have a property list in which your property is registered. The registration of the property rights is performed by the Agency for Real Estate Cadastre (AREC), through the Center for Real Estate Cadastre – Skopje and the 29 local offices for real estate cadastre throughout the country. The registration is performed under ex-officio procedure (free of charge registration) and at clients request (fee). The procedure for free of charge registration is simple – go to your local office for real estate cadastre and ask for an insight in the data of your real property at a specific time, date and place announced in the public invitation and bring all documents that will prove your ownership right. The required documents are: contract (sale-purchase, gift, exchange, life time support and division of property during life); a court verdict, a settlement or an inheritance decision; construction-technical documentation including a project plan, deed and other documents. The documentation that you will submit as evidence for registering your property right should be in original or verified by a notary. After reviewing the documentation, and if the documentation is complete and valid without any legal obstacles, your property will be registered in the Real Estate Cadastre. If, for any reason, you have not responded to the public invitation which means that you have missed the opportunity to register your property free of charge in the Real Estate Cadastre, or your property is registered in the Land Cadastre, and you want to register the property in the Real Estate Cadastre in order to obtain a property list, you can exercise your right by submitting an application along with the complete documentation that will prove your ownership right for which you must pay a specific fee.
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Question:
I have a possessory list, but the same is not recognized as a valid document by which I can prove the ownership of my property. What is the difference between a possessory and a property list?
Answer:
The property list is a public certificate proving the registered ownership right and other real property rights in compliance to law. The property list comprises data for: cadastre parcels, buildings, special parts of buildings and other objects, real property right holders, ownership right and other real property rights as well as other rights whose registration is stipulated by law, the legal basis for registration, the amount of the request secured by the collateral right, conditional registration and temporary registration. The possessory list contains data for the land i.e. the cadastre parcels and their users according the law on survey and land cadastre and the possessory list is not evidence for a registered ownership right.
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Question:
For extended period of time, I am unable to obtain a property list. Why the procedure takes so long? What is the legal deadline for receiving a response to the application submitted?
Answer:
If your property is registered in the real estate cadastre, a property list can be issued in the same day of submitting an application for property list copy. If your property is not registered in the real estate cadastre, then you will need to initiate a procedure for registration of your property in the real estate cadastre, which lasts 15 days. After the expiry of the deadline of your application, you will be able to get a property list.
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Question:
When exactly will the citizens get faster and more efficient services from the Cadastre?
Answer:
The employees of the Agency for Real Estate Cadastre (AREC) are intensely and seriously working on the modernization of the institution in order for the same to become a professional, efficient and fast service for the citizens. For this purpose, the agency has initiated comprehensive reforms in order to change and improve the working procedures, the customer relations and the transparency, while eliminating all corruption opportunities. The before mentioned reforms are in full swing. The intention of all AREC employees is to provide the clients immediate and best possible services within the defined legal authorizations and capacities under which the agency is currently operating.
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Question:
Why is AREC not performing operative geodetic works? Why has this area of work been transferred to the private geodetic companies? Why do the private geodetic companies have a higher service prices?
Answer:
In compliance to the changes and amendments to the Law on survey, cadastre and registration of real property rights in 2005, a private geodetic practice has been introduced for the purpose of performing operative (field) geodetic works from the survey, with the objective to accelerate the registration in the rec. Such legal solution is also envisioned with the new Law on Real Estate Cadastre. The work scope of the private geodetic companies is comprised of: division and merging of parcels, survey of changes occurred with the construction and extension of objects, production of numerical data, production of geodetic reports for geodetic works for special purposes, as well as expert findings. By definition, the private sector has a much bigger motive to quickly and efficiently perform the field work and complete a larger number of cases in a shorter period, meaning more income for them. The private surveyors charge a fee for their services. The amount of this fee is determined by the size and complexity of the work, the remoteness and the field conditions. The introduction of the private geodetic practice, apart from being a direct benefit to the citizens, is also contributing to the reduction of the number of employees in the state administration, which means savings in the state budget, integrating European Union standards and developing the market economy.
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Question:
Does the Agency for REC control the work of the private geodetic companies?
Answer:
The Agency for REC performs supervision of the legitimacy during performance of the sole proprietors-authorized surveyors and trade companies for geodetic works in an ex officio procedure or by a request of a client. During the supervision, the agency identifies whether the company works in compliance to the law and the bylaws. If identified that there are certain irregularities and illegal actions in the performance of the private geodetic company, AREC will enact a decision for deprivation of the company’s license for performance of geodetic works. AREC also controls the validity of the data used by the private geodetic company through the verification of the geodetic reports. Additional guarantee related to the engagement of a private geodetic company is the damage liability insurance which each company needs to have prior the start of their work, in case of damage to third parties during the performance of the works.
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Question:
A friend of mine told me that if I wanted my case to be processed faster, I should offer bribe to the clerk. Where can I report corruption and will my reporting of such case affect me?
Answer:
The AREC is completely aware that the public is under the impression that if anyone wants to get their case processed in the cadastre, one needs to offer bribe. In order to overcome this situation, for some time now we have an operational free of charge phone line - 0800 80 800 where the citizens can report corruption and indicate the clerk that asked for bribe. Caller’s discretion is guaranteed. In this way, we are encouraging the citizens to help us find and expose all further attempts for corruption. At the same time, we are improving our performance (speed and efficiency) in our work, by streamlining and simplifying the procedures and improving our client relations.
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Question:
Where can I get information of the documents required for a specific cadastre service?
Answer:
Answer: In line with the reforms in the Agency for Real Estate Cadastre (AREC), there have been several specific activities undertaken in order to increase the accessibility and flow of information concerning the required documents, the procedure and the deadline for providing a certain service. From recent, clients can obtain information at the free phone line 0800 80 800. Also, AREC has established a special phone line for investors in addition to our web page which has been completely redesigned and now offers all of the necessary information for our services. Via the web-page, the clients can ask questions which will be answered within a period of 24 hours. Also, there have been several additional efforts made in the offices (front desks) of the cadastre in order for the citizens to be better informed about the services that we offer and the documents required for these services. Most often, citizens do not know why they need these documents, so the agency conveys public awareness campaign to inform the clients about their rights and obligations and the ways to exercise these rights.
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Question:
Does a natural person have the right to submit an application for denationalization?
Answer:
The Agency for Real Estate Cadastre is not the institution where clients can submits their applications for denationalization, although as an institution which participates in the process of determining the actual situation of the real property, subject to this procedure. The authorized institution for conveying the denationalization procedure is the Ministry of Finance, and the applications for denationalization are submitted to the legal-property affairs department within the before mentioned ministry.
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Question:
What is a sporadic registration and what is needed for a sporadic registration?
Answer:
The sporadic registration is performed for real properties located in cadastre municipalities where a real estate cadastre is not established i.e. a land cadastre is still in power. The required documents for registration are: - Application (in written form); - Administrative stamp – 50 MKD; - Evidence of paid fees in the amount of: 500 MKD for one cadastre parcel, 150 MKD for one individual object in the parcel, 500 MKD for an apartment in a collective building, 1250 MKD for one business premises; - Legal basis for registration; - Geodetic report. The number of the AREC account to which the client needs to pay the fee in order to obtain this service is available at the help desk at each local office for REC as well as on our web-site, in the field “our services”.
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Question:
Why the cadastre does not perform survey?
Answer:
In compliance to the Law on Real Estate Cadastre (Official Gazette of R. Macedonia #40/2008), the field geodetic works referring to basic geodetic works and survey are performed by the private geodetic companies i.e. sole proprietors – authorized surveyors and trade companies for geodetic works.
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Question:
How can I obtain information for a case which is submitted to the second-instance commission?
Answer:
Information in regard to the procedure for cases which have been re-directed to the Government of R. Macedonia – commission for second instance administrative affairs in the area of survey, cadastre and registration of real property rights cannot be obtained from AREC, but only from the above stated commission.
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Question:
Can I obtain a property list in Skopje for a property located in another town?
Answer:
At this moment, there are no technical conditions for issuance of a property list in Skopje for a property which is registered in other local offices for REC. This service will be available after the implementation of the new electronic system and after connecting all local offices at a state level.
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Question:
Where can I get information on the procedure of land privatization?
Answer:
Information regarding the privatization of construction land can be obtained from the legal-property affairs department within the Ministry of Finance.
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