Question: I have a possession list, and it is not recognized as a valid document that proves ownership over my property. What is the difference between the possession and the property certificate?
Answer: The property certificate is a public document that proves the registered right of ownership and other real rights on real estate, in accordance with the law. The property certificate contains information regarding: cadastral parcels, buildings and separate parts of buildings and other objects, real estate right holders, the right to ownership and other real estate rights, as well as other types of rights whose registration is regulated by law, the legal basis for registration, the fee of the claim that is guaranteed with a collateral right, preliminary registration and adding notes. In the possession certificate land data is recorded, i.e. cadastral parcels and their users in accordance with the Law on Survey and Land Cadastre, and it is not considered proof of registered ownership rights.
Question: What is the legal deadline for acting on a submitted application for registration?
Answer: If your real estate is already registered in the real estate cadastre, you can get a property certificate by submitting an application on the same day of submission. If your property is not registered in the real estate cadastre, you will need to start a registration procedure, which takes 15 days. After the deadline expires, you can get a property certificate upon your request.
Question: Why doesn’t AREC do work in the field of operational geodetic practice, and this work is done by private surveying companies?
Answer: In accordance with the amendments and addenda to the Law on Survey, Cadastre and Registration of Real Estate, in 2005, a private surveying practice has been introduced for performing operational field works, in order to speed up the procedure for registration in the real estate cadastre. This legal solution is also foreseen in the new Law on Real Estate Cadastre (Official Gazette of RM, No. 40/2008). Within the scope of the work of the private surveying companies are: the division and merging of parcels, following changes that occurred with building and expanding objects, preparing numerical data, preparing a survey report for registering in the real estate cadastre, preparing a geodetic report for geodetic work for special purposes, which are of importance for maintaining the real estate cadastre, as well as expert witness services. Private surveyors charge fees for their services. The amount of the fees is set by a price list and it is in accordance with the size and complexity of the work, the distance and the field conditions.
Question: Does AREC perform controls over the work of the private surveying companies?
Answer: The Agency for Real Estate Cadastre (AREC) supervises the lawfulness of the work of sole proprietors – authorized surveyors and trade companies for geodetic works, ex officio or upon the request of a client. When supervising, it is established whether the company is working in accordance with the Law and the by-laws. If it is seen that there are some irregularities and illegalities in the work of the private surveying company, AREC will make a decision to revoke the license for performing geodetic work. AREC also controls the validity of the data that the private surveying company uses, through verifying survey reports. The additional guarantee linked to hiring a private surveying company is an obligation of the private company, before it starts working, to obtain liability insurance for potential damages incurred onto third parties when performing their work.
Question: Where can I report cases of bribe taking and corruption against the staff of AREC?
Answer: You should call the free telephone line – 0800 80 800, a number on which the citizens can report corruption and point out the clerk that requested bribery of them. Caller discretion shall be guaranteed. In this way we encourage the citizens to help us find all attempts at corruption.
Question: Where could I get information for what documents are required for getting cadastral services?
Answer: As part of reforming the Agency for Real Estate Cadastre (AREC), a series of specific activities were undertaken, and their objective is to increase the accessibility and flow of information regarding required documents, the procedure and how long it takes to complete a service. As of recently, you can get information on the free phone line 0800 80 800, a special telephone info line has also been opened for foreign investments and domestic business companies 02/3171-733 and info line for customer care 02/3173-825 which offers all necessary information for our services, and through it you can ask a question which will be answered within 24 hours. In AREC, the REC Center Skopje and in all branch offices throughout the Republic there is an information counter, so the citizens can get more detailed information for the services we offer, and what documentation they need to attach to register their property in the cadastre. Also, in the cities where we have REC branch offices we are doing a media campaign – ‘Openly with the Cadastre’, i.e. we have working meetings with citizens and our expert teams, in order to overcome and solve the problems of the citizens from the field of cadastre and become informed about the rights and obligations of the citizens and how they can practice them more easily.
Question: Why doesn’t the cadastre do survey?
Answer: In accordance with the Law on Real Estate Cadastre ‘Official Gazette of RM’ No. 40/2008, field geodetic work that refers to basic geodetic operations and survey are done by private surveying companies, i.e. sole proprietors (authorized surveyors) and geodetic work trade companies.
Question: Can a Property Certificate be issued in Skopje for property that is in another city?
Answer: The Project titled ‘E-Cad of the Agency for Real Estate Cadastre’ has been successfully finalized and fully implemented on the whole territory of the Republic of Macedonia, so in the Agency for Real Estate Cadastre; the Real Estate Cadastre Center – Skopje and in all branch offices of the Agency for Real Estate Cadastre a Property Certificate can be issued for property that is in any location in Macedonia, regardless of the city where the application for property certificate has been filed. This means that in the city of Ohrid you can take out a property certificate for Demir Kapija, from Strumica for Kumanovo, etc.
Question: Where can I get information about the procedure for privatizing land?
Answer: You can get information regarding the procedure for privatizing construction land in the Property-Legal Affairs Office of the Ministry of Finance.
Question: Does the cadastre implement a procedure for deleting the right to land use that is noted in a property certificate?
Answer: The Cadastre registers any change in a property certificate based on a legal basis – a legal act, in this specific case a decision for revoking the right to use, which is made by the branch office in the Municipality, of the Ministry of Finance – Property-Legal Affairs Office.
Question: Who should submit an application for registering a building built based on the construction – technical documentation, the client who carries the real estate right or the Municipality (the Department for Construction and Urbanism) that issues the construction permit?
Answer: In accordance with the Law on Amendments and Supplements to the Law on Construction, the municipality files an application ex-officio for registering in the cadastre, and it submits the required construction – technical documentation.
Question: Can the Municipality submit an application for registering land which was not registered in the systematic registration procedure – not displayed, ex officio?
Answer: Only when there is an ongoing legalization procedure for an illegally built object, the Municipality can submit an application to the cadastre ex officio, for registering the land that was not registered – displayed in the registration procedure.
Question: Where can I report dissatisfaction from the work of the private surveying companies or sole proprietors?
Answer: To AREC – the Department for Internal Control and Supervision can submit a report for dissatisfaction from the work of the private surveying companies or a sole proprietor.
Question: Where can I report dissatisfaction from the work of the staff of the Agency for Real Estate Cadastre?
Answer: To AREC – the Department for Internal Control and Supervision, and the immediate Managers of the Units, a report can be filed for dissatisfaction from the work of the staff.
Question: After finalizing the legalization of illegally built buildings, which documents are required to register the building in the real estate cadastre?
Answer: It is necessary to submit an application for registration which will contain: an effective legalization decision, urbanistic agreement and geodetic field report for the legalization of the object.
Question: Can I search i.e. view cadastral parcels in the whole country online?
Answer: Through our website, on the GIS portal, by signing in as a registered user you can view the cadastral parcels in the whole country.
Question: What is the difference between a manuscript and survey cadastre?
Answer: The manuscript/inventory cadastre has no graphical display of cadastral parcels (hedges and boundaries), but only descriptive data for the number of the parcel, the person it is registered to and in which inventory block the parcel is, while survey cadastre is created with a procedure for registering the real estate regulated with law and by-law, by displaying the real estate data publicly for the clients to see and attach a legal basis for registration.
Question: Which documents are required to do a physical division of an object – apartment, house, office space into two or more residential units?
Answer: It is necessary to submit an application for registration of a change that is attached to the legal basis – an agreement for physical division solemnized by a notary, a survey report for a physical division from a private surveying company, construction – technical documentation in accordance with the Law on Construction (effective approval for adaptation – re-purposing, verified construction project)
Question: What is the difference between a preliminary certificate and adding notes to a property certificate?
Answer: Preliminary registration is the conditional recording of the acquisition or the cease of the ownership right when an application is submitted for registration in the real estate cadastre, however the legal presumptions have not been met, i.e. the conditions for registration from Article 130 of the Law on Real Estate Cadastre and if the grounds for final recording is not sufficiently represented. The real estate cadastre also registers the right to own a building and a separate part of a building while they are in construction by registering the data of the persons that have the right to build in accordance with the approval for construction and data for the buildings and the data for the buildings and separate parts of buildings taken by the basic design by a competent body. By submitting proof that the legal presumptions have been met, i.e. the conditions for registration from Article 130 of the above Law; the preliminary registration is deleted and at the same time the ownership right is recorded. Adding notes is registering facts that effect the real estate and refer to: the personal state of the right-holder (under aged, deceased, custody, revoking the right to work, prolonging parenting rights, managing joint property of spouses, liquidation, re-organization, insolvency procedure, etc.), the fact that for a certain cadastral parcel there is an ongoing construction for which there is preliminary registration of the ownership right of a building and a separate part of a building while in construction with a note of the number of the preliminary registration document – the right to collateral (mortgage) of the preliminarily registered ownership right of a building and a separate part of a building while in construction, as well the legal acts for transaction of the preliminarily registered ownership right of a building and a separate part of a building while in construction. The real estate cadastre registers other facts that are of relevance for acquiring, cease or transfer of real estate rights whose adding as notes is regulated by another law.