Act on a national register for land information (Cadastre Act)-Kingdom of Norway
Act on a national register for land information (Cadastre Act)
Act on a national register for land information (Cadastre Act)
Originally published by: Ministry of the Environment
Chapter 1. Purpose, scope and definitions
Section 1. The purpose of the Act
This Act shall ensure access to important land information by means of a uniform and reliable register (the cadastre) that will be kept of all real estate in the country, and by a clarification of boundaries and property-related matters.
Furthermore, this Act shall ensure access to a joint geodetic reference frame, cf. Chapter 8.
Section 2. Geographical scope
The Act applies to the entire country. For sea areas the Act applies one nautical mile outside the baselines.
The King may decide that the Act wholly or partly shall apply to other sea regions, Svalbard, Jan Mayen or Norwegian dependencies in Antarctica, and may then stipulate specific adjustments according to conditions at the site.
Section 3. Definitions
In this Act the following definitions shall apply:
- cadastre: the official national register of land information, including buildings, dwellings and addresses, cf. section 4,
- cadastral parcel: parcel, 3D parcel, condominium unit, farm commons or leased land, cf. section 5,
- cadastral number: the official designation of each individual cadastral parcel,
- cadastral certificate: certified transcript of the cadastre showing all recorded information about a cadastral parcel at the specified date,
- cadastral recording: recording information in the cadastre,
- cadastral registration: entering a new cadastral parcel in the cadastre, cf. section 10,
- central cadastral authority: the central government body that administers the cadastre,
- cadastral surveying: the task of clarifying and describing the boundaries of and rights to land, and providing the necessary documentation for cadastral recording, cf. section 33,
- geodetic reference frame: frame of reference that makes it possible to determine unambiguous geodetic-related coordinates,
- control point surveying: establishment, verification and maintenance of the geodetic reference frame,
- benchmark: permanently marked point for use in control point surveys or to make geodetic reference frames available for mapping and surveying work,
- signal: mark, instrument or structure which is used to show or verify the location of a benchmark.
Chapter 2. The cadastre and its contents etc.
Section 4. The cadastre
The cadastre shall contain information about the individual cadastral parcel that is necessary for planning, development, use and protection of real estate, including official designations and information about each building, dwelling and address. The cadastre shall show the boundaries of the cadastral parcels, including boundaries of outdoor areas included in the condominium units.
The cadastre shall contain information about orders concerning the use of land or buildings on the cadastral parcel concerned.
The Ministry may by regulations issue further provisions on the content of the cadastre.
Section 5. Cadastral parcels
The following objects may be created as separate cadastral parcels:
- parcel, land which is demarcated by parcel boundaries on the earth’s surface and with the restrictions deriving from the possible creation of 3D parcels pursuant to b), extends as far down into the ground and up into the air as private land rights reach according to general rules,
- 3D parcel, a building or structure, or a delimited physical volume for which planning and building permission has been granted, that has been subdivided as a separate property. Permanent facilities on unowned seabed or in unowned subsurface may also be established as 3D parcels,
- condominium unit,
- farm commons, land lying in a commons between several parcels, where the interests in the commons are part of the parcels, and
- leased land, part of the land or farm commons that someone has leasehold interests in or can be leased, or to which someone has a similar exclusive and long-term right of use.
A new cadastral parcel is established when the parcel is entered into the cadastre.
Other types of objects and rights that were assigned a cadastral number under earlier regulations will be considered cadastral parcels and may be listed in the cadastre.
Section 5a. Cadastral authorities
The State represented by the central cadastral authority shall organise, operate and administer the cadastral system.
The municipality is the local cadastral authority, and is responsible for carrying out cadastral surveying and cadastral recordkeeping in the municipality. The municipality may by agreement permit other parties to perform cadastral surveying on its behalf. Pursuant to the provisions of Chapter 5 of the Local Government Act the municipality may by agreement permit another municipality or the central cadastral authority to keep the cadastre on its behalf.
The Ministry may by regulations issue further provisions on the cadastral authorities, including on agencies that may perform cadastral recording tasks.
Chapter 3. Criteria for cadastral registration and other entries that concern cadastral parcels
Section 6. Cadastral surveying requirement prior to cadastral recording
A cadastral survey shall be carried out before the following can be recorded in the cadastre:
- new parcel, new 3D parcel, new leased land or new farm commons,
- unregistered land or unregistered leased land,
- registration of unregistered farm commons or change in the distribution of the registered commons,
- information on land transfer, boundary adjustments and clarification of existing boundaries, or
- condominium unit that includes outdoor area, or new or changed outdoor area for existing condominium unit.
When special reasons exist, the municipality may, upon application from the person who has requested the survey, enter a new cadastral parcel into the cadastre without completing the cadastral survey.
A cadastral survey is not necessary for recording mergers in the cadastre pursuant to section 18, reference to agreement on existing boundary pursuant to section 19, or determination of combined land parcel pursuant to section 20.
The Ministry may by regulations issue further provisions on recording a new cadastral parcel in the cadastre without completing the cadastral survey.
Section 7. Requirement for clear boundary before registration of transfer of title
The boundaries of real properties, 3D parcels or leased land shall be clarified in the cadastral survey, or similar survey pursuant to other or earlier legislation, before the document that conveys registered title to the land or leased land can be officially registered.
However, this does not apply if:
- the parcel is so large that it is unreasonable to require a survey of all the boundaries, or
- for other reasons it is inexpedient to require all boundaries to be clarified.
The municipality shall decide what kind of properties meet the requirements of the first and second paragraphs, and note this in the cadastre.
Registration of land rights may still take place if the transfer of title is part of an inheritance, administration of an estate or enforcement of claims, or concerns a leasehold interest for a period of 10 years or less, cf. section 12a of the Land Registration Act.
The Ministry may by regulations issue further provisions on requirements for clarified boundaries before registration of transfer of title.
Section 8. Cadastral recording requirement
Together with the cadastral recording requirement, documentation necessary for keeping the cadastre and Land Register shall be enclosed. Special cadastral recording requirements shall not be laid down when a cadastral survey is requisitioned pursuant to section 35.
The Ministry may by regulations issue further provisions on the content and formulation of cadastral recording requirements.
Section 9. Who may demand cadastral recording of new cadastral parcel etc.
Cadastral registration of new parcel, 3D parcel or leased land may be demanded by:
- a person who has registered title of ownership to the parcel, 3D parcel or registered farm commons that the new parcel will be divided from or created on,
- a person who by final and enforceable judgment of the courts is acknowledged as the owner or lessee, or has been granted the right to require that a particular parcel of land or facility be created as a separate cadastral parcel,
- a person who legally has taken over land or facility by expropriation,
- a person who has legally established, or received permission to establish permanent facilities on unowned seabed or in unowned subsurface,
- a person who pursuant to law exercises ownership of the land when no one has registered title to it,
- the State, county authority or municipality when the land has been appropriated for public road or railway purposes,
- the State or municipality if the proceedings concern partitioning off of whole strips of fields, or when the parcel is divided by the boundary between municipalities, or
- a person who has purchased leased land in accordance with the provisions in the Act relating to Ground Leases.
Cadastral registration of unregistered land or leased land may also be demanded by:
- someone who has substantiated that they own, lease or have an interest in the land or leased land, or
- the State, county authority or municipality.
Cadastral registration of new farm commons may be demanded by those who have registered title as owners of the parcels that establish the commons, together with the person who has registered title as owner of the parcel that the new parcel will be divided from or created on.
The Ministry may by regulations issue further provisions on who may demand cadastral recording, and about such requests.
Section 10. Joint criteria for recording new cadastral parcels in the cadastre (cadastral registration)
Creation of new parcel, new 3D parcel, new leased land or new farm commons in the cadastre requires an advance permit pursuant to section 20-1 first paragraph (m) of the Planning and Building Act. Municipal permission to section a cadastral parcel pursuant to section 9 of the Condominium Unit Act must be in place before a new condominium unit can be entered.
New cadastral parcel may be created only when it is clear which cadastral parcel or cadastral parcels the new parcel will be partitioned from or created on.
New cadastral parcel may be created with parts from several cadastral parcels with different title holders if the conditions for merging the parts are otherwise met.
New cadastral parcel may be created even if some of the existing boundaries are not marked and measured, if this does not prevent the exploitation of the cadastral parcel, and:
- it is established that the boundary in question is disputed,
- the parcel is so large that it is unreasonable to require surveying of the boundary in question, or
- for other reasons it is inexpedient to require measuring or marking of the boundary in question.
New cadastral parcel may also be entered into the cadastre when their creation is determined by the Land Consolidation Court.
The Ministry may by regulations issue further provisions on recording new cadastral parcels in the cadastre, including an exemption from the duty of cadastral registration.
Section 11. Special provisions regarding cadastral registration of 3D parcels
The creation of 3D parcels requires documentation of the necessary prior approval pursuant to the Planning and Building Act, which shows the boundaries of the building or structure for which an application for its creation as a 3D parcel are made. The same applies when existing buildings and structures are to be created as 3D parcels. Cadastral registration of 3D parcels that concern facilities that do not exist cannot take place until the conditions for initiation of the measure under the Planning and Building Act are met. The 3D parcel in question shall be an independent functional parcel, clearly and permanently separated from the parcels or 3D parcels from which the new 3D parcel may be separated.
3D parcels that are to be created from cadastral parcels may only be created if:
- the building or structure extends into or under a different cadastral parcel, and
- the portion of a cadastral parcel that lies above or below the 3D parcel may still be exploited for an independent purpose.
The boundaries of the 3D parcel shall correspond to the physical outer boundaries of the parcel, with necessary adaptations. 3D parcels in the substructure shall include a necessary safety zone.
3D parcels cannot be created for buildings or structures, or part of a building or structure, that could suitably be established as a condominium unit co-ownership.
Exploitation of the 3D parcel and parcel as a single parcel requires an advance document to this effect and an official statement that the properties may not be sold or mortgaged separately.
Section 12. Special provisions regarding recording of leased land in the cadastre
Cadastral registration shall be carried out before part of the parcel or farm commons are leased, if the lease can apply for more than 10 years.
The same applies to extension for more than 10 years of the leasehold interest to unregistered leased land, and to leased land that is to be used in addition to the cadastral parcel.
Leasehold interests that apply to a period of 10 years or shorter cannot be entered in the cadastre.
A cadastral survey which changes the boundaries for leasehold interests may be recorded in the cadastre only with the prior consent of the leaser.
Section 13. Special provisions regarding cadastral registration of unregistered land and unregistered leased land.
Legally created unregistered land and unregistered leased land may be entered in the cadastre when ownership or leasehold interests can be documented through agreements or other legal basis.
Section 14. Registration of farm commons
Farm commons may be registered in the cadastre with their own cadastral number when it has been substantiated that the parcel is a farm commons. Farm commons may be registered even if it is not entirely clear who has interests in the farm commons and how large the interests are. The provisions of section 10 fourth to sixth paragraphs shall apply correspondingly.
Registration of farm commons may be demanded by anyone who has substantiated having an interest in the commons, or by the State, county authority or municipality.
The Ministry may by regulations issue further provisions on registration of farm commons.
Section 15. Land transfer
Land may be transferred between adjacent cadastral parcels unless the land is created as a separate cadastral parcel. Permission for the creation of a new cadastral parcel must be granted before such a transfer of land can be recorded in the cadastre. Moreover, necessary statements must be obtained in advance about the transfer of ownership and discharge of mortgage and licences for the land in question.
Land transfer may be demanded by parties described in section 9, first paragraph a) and f). Land transfer involving unregistered parcels may only take place in cases that are demanded pursuant to section 9, first paragraph f), and only at the same time the parcels are entered in the cadastre.
The Ministry may by regulations issue further provisions on land transfers.
Section 16. Adjustment of boundaries
Boundaries between cadastral parcels may be adjusted without obtaining a discharge of mortgage statement. Boundaries may not be adjusted in violation of provisions issued in or pursuant to other legislation.
In the event of adjustment, only smaller areas of land may be transferred between affected parcels. Unilateral transfers of smaller areas of land may be carried out as boundary adjustments.
Mortgage rights follow the new boundaries as they are determined by adjustment of the boundary.
The provisions on mortgage rights apply correspondingly to other rights as far as applicable.
Adjustments of boundaries may be demanded by those mentioned in section 9 Adjustments of boundaries of unregistered parcels may only take place at the same time the parcel is entered in the cadastre.
The Ministry may by regulations issue further provisions on boundary adjustments, including setting land-size and value restrictions for land that is transferred between the parcels.
Section 17. Clarification of existing boundaries
The following may require clarification of existing boundaries executed as a separate survey:
- someone who has registered title as owner or lessee of the cadastral parcel in question, or
- the State, county authority or municipality.
The Ministry may by regulations issue further provisions on the clarification of existing boundaries, including an exemption from the cadastral survey requirement.
Section 18. Merger of existing cadastral parcels
Cadastral parcels that are located in the same municipality and have the same title holder may be merged. Leasehold parcels may be merged if they abut or have been created from the same parcel, and the leases have the same terms and apply to the same parties. Mergers may not be in conflict with the provisions laid down in or pursuant to other legislation.
A merger may be demanded by the person who has registered title of ownership to the cadastral parcels in question.
The Ministry may by regulations issue further provisions on mergers, including restricting and expanding eligibility for merger.
Section 19. Agreement on existing boundaries
The municipality may incorporate into the cadastre references to agreements on existing boundaries not previously determined in the cadastral survey or similar survey pursuant to other or earlier legislation.
Such agreements may only be officially registered if agreements have reference in the cadastre.
The Ministry may by regulations issue further provisions on agreements concerning existing boundaries that may be referenced in the cadastre, including restricting and expanding what kind of agreements can be referenced.
Section 20. Determination of combined land parcel
The municipality may determine that two or more cadastral parcels that have the same owner and are used together, and that seem in an economic context to be a single estate, shall be registered in the cadastre as a combined land parcel. The owner may demand such registration when the conditions are met.
If the municipality finds that the conditions have been changed, the municipality may amend or revoke the registration.
The owner shall be notified of the decision in a suitable and provable manner in the circumstances.
The Ministry may by regulations issue further provisions on the determination of combined land parcels, including restricting and expanding possibility for determining combined land parcels.
Chapter 4. Addresses of properties and buildings
Section 21. Determination of official address
The municipality determines official addresse. Before the municipality makes a final decision on official addresse, the parties affected by the decision shall be given the opportunity to comment.
The Ministry may by regulations issue further provisions on the design, allocation, change and signposting of official addresse, and regarding the municipality’s authority to issue supplementary local regulations.
Chapter 5. Cadastral recordkeeping
Section 22. General provisions concerning cadastral recordkeeping
The municipality shall process cadastral recording requests without undue delay. Cadastral recording requests that do not meet the conditions pursuant to this Act shall be refused. Refusals shall be in writing and justified. If the request has minor defects, the municipality may still carry out cadastral recording. The municipality shall set a time limit for correcting the defect.
The municipality shall also record information from cases before the ordinary courts, the Land Consolidation Court or similar tribunal. The provisions of the first paragraph apply insofar as they are also applicable to recording such information in the cadastre.
Public bodies shall record information in the cadastre as provided for by law or regulation. Public bodies may record information in the cadastre in agreement with the central cadastral authority. The central cadastral authority may obtain information to be used in the cadastre from the National Population Register and other administrative registers.
Recording information in the cadastre can only be carried out by a person who is approved by the central cadastral authority.
Sections 19 and 20 of the Personal Data Act and Chapter VI do not apply to the keeping of the cadastre.
Information classified pursuant to the Security Act shall be kept in a classified register.
The Ministry may by regulations issue further provisions on the keeping of the cadastre, including whether information to title holders or other concerned parties, time limits, reporting, quality control and storage of cadastral data, and the approval of persons who shall record information in the cadastre.
Section 23. Assignment of cadastral number
The municipality assigns cadastral numbers when it enters the cadastral parcel in the cadastre.
The municipality may assign a new cadastral number to cadastral parcels that are not numbered in accordance with the provisions of this Act.
The Ministry may by regulations issue further provisions on assigning cadastral numbers.
Section 24. Land registration and issuance of cadastral certificate
As soon as the creation of a new cadastral parcel, merger, change of condominium unit or land transfer has been recorded in the cadastre, the municipality shall send notice thereof to land registration.
It shall be clear from the notice used to register the cadastral parcel in the Land Register whether the cadastral parcel is a parcel, 3D parcel, condominium unit, farm commons or leased land.
Once the municipality has received notice that the registration of land rights has been carried out as prescribed, the municipality shall complete the cadastral registration, and confirm this by issuing a cadastral certificate. The date of the final creation, merger, change or land transfer shall be deemed to be concurrent with the registration of land rights. The municipality shall send the cadastral certificate to the party who has requisitioned the cadastral survey. If the boundary with adjacent cadastral parcels is marked or measured again, the municipality shall send the cadastral certificate in question to owners and any lessees of these parcels. The covering letter shall inform the recipient of their right to appeal and the appeal time limits.
In cases that concern land for public roads or railways, registration of land rights shall take place only when it is specifically requested. In cases concerning land transfers or the creation of a new cadastral parcel, the State, county authority and municipality may confirm its right of ownership by a self-declaration for land that will be used for public roads or railways. The provisions of section 1-11 fourth paragraph of the Mortgages and Pledges Act apply to the lapse of a mortgage on land that is part of land for public roads or railways.
In cases that concern cadastral registration of unregistered land or unregistered leased land pursuant to section 13, or the registration of farm commons pursuant to section 14, registration of land rights shall only take place when specifically requested.
The provisions of the Land Consolidation Act shall apply to registration of land rights in connection with recording cases before the Land Consolidation Court in the cadastre.
The Ministry may by regulations issue further provisions on notification for registration of land rights and issuance of cadastral certificates, and may accordingly establish procedures that ensure consistency between the cadastre and the Land Register.
Section 25. Cadastral recording of information about buildings, addresses, condominium units, municipal orders, etc.
The municipality shall assign building numbers and register new buildings in the cadastre at the same time as building permits are granted. Complete information on buildings and dwellings shall be recorded no later than when the building can legally be taken into use. The cadastre shall also be updated when a building project means that the information in the cadastre must be amended, or when the municipality becomes aware in another manner that the information about a building is not in accordance with the actual conditions.
Official addresses with related information shall be recorded in the cadastre as soon as an address is assigned. The same shall apply upon change of official address or related information.
The municipality shall record new condominium units in the cadastre when the municipality has granted permission to establish condominium units, and the appeals time limit pursuant to the Condominium Unit Act has expired. A cadastral survey shall be carried out for condominium units with their own outdoor area, cf. section 6.
Municipal orders concerning the use of land and buildings shall be recorded in the cadastre as soon as the order is adopted, amended or repealed.
The municipality shall otherwise record information on the basis of other municipal administrative procedures when it is established by statute or regulations that such information shall be recorded in the cadastre.
The Ministry may by regulations issue further provisions on reporting and recording information about buildings, addresses, condominium units and other information the municipality shall record in the cadastre, and whether the municipality has the power to stipulate supplementary local regulations.
Section 26. Correction of information in the cadastre and deletion of cadastral parcels
The municipality may correct, amend and add information that the municipality records in the cadastre when it can be done without carrying out a cadastral survey. Other agencies that record information in the cadastre, may similarly correct, amend and add relevant information.
The municipality may delete cadastral parcels from the cadastre if the parcel has been incorrectly created. The same applies to cadastral parcels that physically no longer exist. If the parcel is recorded in the Land Register, it may be deleted in the cadastre only if it is simultaneously deleted in the Land Register.
A party may demand correction of the cadastre when it is documented that the information is incorrect or incomplete, or that the basis for registration has lapsed. If an agency has processed information that is incorrect, incomplete or that is unauthorised to process, the agency that entered the information shall correct the information on its own initiative. Information about boundaries determined in the cadastral survey or similar survey pursuant to other or earlier legislation, may be corrected only on the basis of a new cadastral survey, or a legally enforceable decision of the courts.
Parties affected by corrections, amendments or additions shall be informed.
This section shall take precedence over section 27 of the Personal Data Act concerning correction of deficient personal data.
The Ministry may by regulations issue further provisions on corrections, changes and additions to the cadastre, and the removal of cadastral parcels, including notification and when notification can be omitted.
Section 27. Supplementation of the information in the cadastre
The central cadastral authority or the municipality may order the owner, title holder or lessee of the land, building or building part to obtain information about existing cadastral parcels, buildings, dwellings and addresses, when it is stipulated by statute or regulation that the cadastre shall contain such information.
The Ministry may by regulations issue further provisions on such supplementation, including stipulating the agencies that shall record data in the cadastre, and the public agencies’ duty to report such information.
Section 28. Oversight of cadastral recording
The central cadastral authority shall ensure that the cadastre is kept in compliance with statutes and regulations and may issue orders for correction of information or other measures to correct defects in the manner data are recorded.
Chapter 6. Access to information and use of cadastral information
Section 29. Access to information
Everyone shall have access to information about the cadastre. The central cadastral authority and municipalities shall ensure that information about the cadastre is available on request.
The municipality shall issue a cadastral certificate when someone named in section 9 requires it.
The Ministry may by regulations issue further provisions on access to the cadastre.
Section 30. Provision and processing of information from the cadastre
Cadastral data may be provided for use related to:
- public planning, administrative procedure and administration,
- purposes pursuant to this Act, the Planning and Building Act, or Condominium Unit Act,
- applications for public licences, or
- dealing with other interests related to possession of cadastral parcels or their use.
Cadastral data may be provided for other purposes if the person to whom the information is to be provided shall ensure a legitimate interest, and consideration for the personal information protection of those registered does not outweigh this interest.
Cadastral data that does not contain personal data, or only includes data that identifies, maps, or specifies types of cadastral parcels, buildings or addresses, may be provided for all types of use.
Conditions may be attached to the provision and processing of cadastral data.
The cadastral authorities shall not provide information when so dictated by vital personal or public interests.
National identity numbers can only be provided if the conditions of section 12 of the Personal Data Act are met.
The Ministry may by regulations issue further provisions on the processing, provision and sale of information, and may hereunder exempt processing pursuant to the second paragraph from the notification requirement under section 31 of the Personal Data Act.
Section 31. Use of cadastral parcels in public administrative procedures, use of maps together with the cadastre, etc.
Public administrative procedures that link information to cadastral parcels, buildings, dwellings or official addresses shall use the designations registered in the cadastre.
In respect of access to the cadastre, and for use in cadastral surveys pursuant to this Act, maps showing technical and topographical conditions on and in the vicinity of the cadastral parcel in question shall be available together with information from the cadastre. The municipality shall make available to the central cadastral authority the information from the municipality’s map series that is necessary to produce such maps.
The Ministry may by regulations issue further provisions on the use of cadastral parcels in other public registers and use of maps together with the cadastre, including rules governing the transfer of information from the municipality’s map series for use in such map sections.
Section 32. Public fees and payment for cadastral data
The municipality may charge fees for cadastral surveying, cadastral recording, issuing cadastral certificates and other work pursuant to this Act and pursuant to regulations issued by the municipal council. Fees in total cannot exceed the necessary expenses the municipality has in connection with such work. No other fees than what is specified in section 7, fifth paragraph of the Condominium Unit Act may be charged for recording condominium units in the cadastre.
Payment for information from the cadastre may be charged. No fee or other payment may be charged for access to the cadastre by personal appearance at the local or central cadastral authority.
The Ministry may by regulations issue further provisions on fees and payment for information from the cadastre, including the rules regarding distribution of these revenues between the municipality and the State.
Chapter 7. Cadastral surveying
Section 33. Cadastral surveying
The purpose of cadastral surveying is to clarify and describe boundaries and rights in line with the parties’ claims and submitted documents, and otherwise obtain information and documentation necessary for cadastral recording and any registration of land rights. The party carrying out the cadastral survey shall protect all parties’ interests and conduct the survey in accordance with generally accepted land surveying practices.
Should doubts or disputes arise during the survey about an existing boundary, and no agreement is reached, it shall be noted in the request for cadastral recording.
In surveys concerning the creation of a new cadastral parcel or land transfer, the new boundaries shall be marked in the field in accordance with municipal permits under the Planning and Building Act. The person performing the survey may consent to minor deviations in order to achieve an expedient boundary based on conditions in the terrain.
The parties and the person performing the survey have access to private and public land in accordance with section 41.
Cadastral surveying of land that is the subject of a case before the Land Consolidation Court shall be carried out by the Land Consolidation Court pursuant to the provisions of the Land Consolidation Act, unless the Land Consolidation Court decides otherwise.
The Ministry may by regulations issue further provisions on notification and public notice to creditors, and about conducting and documenting a cadastral survey.
Section 34. Marking and measuring boundaries
When parcels, new leased land, new farm commons and outdoor areas of condominium units are cadastrally surveyed, all boundaries shall be marked and measured in the field and specified with coordinates. Marking and measuring are not necessary for boundaries satisfactorily marked and specified by coordinates in earlier surveys or cases before the Land Consolidation Court, or when permitted under section 10 fourth paragraph. The coordinates shall be established in a geodetic reference frame approved by the central cadastral authority.
3D parcels shall be similarly mapped. For point-leased land, the anchor point shall be marked and measured.
For cadastral registration of unregistered land, unregistered leased land and registration of farm commons, it is sufficient that the boundaries are shown on maps approved by the municipality for such use.
The provisions concerning marking and measuring apply similarly to land transfer, boundary adjustment and clarification of existing boundaries.
The Ministry may by regulations issue further provisions on marking, measuring and mapping cadastral parcels, including when boundary marking may be omitted.
Section 35. Requisition and completion of cadastral survey
Requisitions for a cadastral survey shall be submitted to the municipality that is to record the survey in the cadastre. The municipality shall carry out and record the survey in the cadastre without undue delay. The municipality and the applicant may agree a longer time limit, but not longer than two years.
The municipality may reject requisitions for clarification of existing boundaries under section 17 first paragraph a) if a cadastral survey or similar survey concerning the boundary in question was previously conducted pursuant to other or earlier legislation.
The County Governor may make a decision about completing and recording in the cadastre a cadastral survey that has not been completed or recorded within the specified time limit, for the municipality’s account.
The Ministry may by regulations issue further provisions on the requisition and completion of the cadastral survey, including time-limits and refusal of the requisition, and on conducting a cadastral survey and cadastral recording pursuant to decisions by the County Governor.
Section 36. (Repealed by Act No. 94 of 29 June 2007 (in force 29 June 2007, by Decree No. 760 of 29 June 2007) .)
Section 37. (Repealed by Act No. 94 of 29 June 2007 (in force 29 June 2007, by Decree No. 760 of 29 June 2007) .)
Section 38. (Repealed by Act No. 94 of 29 June 2007 (in force 29 June 2007, by Decree No. 760 of 29 June 2007) .)
Chapter 8. The geodetic reference frame
Section 39. Geodetic reference frame
The State’s specialist geodetic agency shall determine and make available a geodetic reference frame to the whole country so that mapping and surveying work and other use of geodetic-related coordinates can take place within a common, unambiguous frame of reference.
The municipality shall determine additional geodetic data when duties under this Act require it, and make them available to users of such data.
The Ministry may by regulations issue further provisions on the distribution of geodetic data and the mandatory use of the national geodetic reference frame for mapping and surveying work.
Section 40. (Repealed by Act No. 94 of 29 June 2007 (in force 29 June 2007, by Decree No. 760 of 29 June 2007).)
Section 41. The right to carry out surveying work on public and private land
Surveying work in connection with work under this Act, the Planning and Building Act, or the Condominium Unit Act may, subject to restrictions pursuant to law, be carried out on public and private land. In so far as the purpose makes it possible, the work shall be done without causing inconvenience to the landowner or other interests. The same applies to other measuring tasks that are carried out on behalf of the State or municipality, or under the supervision of the municipality or the State’s specialist geodetic agency.
Benchmarks and signals may be installed and technical surveying instruments may be set up in conjunction with surveying work pursuant to the first paragraph. With the exception of gardens and parks, sight lines may be cleared for measurements where necessary. On uncultivated land, materials for benchmarks and signals may be gathered on site.
Owners or users of the property may refuse the installation of benchmarks or signals pursuant to the second paragraph on buildings or farmyards or in parks or gardens, should they be unsightly or cause major inconvenience.
Passage associated with the establishment, verification and maintenance of the national geodetic reference frame, and in connection with the surveying of administrative boundaries, may take place with the use of motor vehicles, boats and aircraft in areas where such passage is restricted pursuant to law or by virtue of private property rights, when this is strictly necessary and does not cause major harm to flora or fauna.
If the work causes damage or inconvenience beyond a reasonable, acceptable level, the person who has suffered harm may claim compensation.
The Ministry may by regulations issue further provisions on surveying work including to which other laws the right to perform surveying work shall correspondingly apply.
Section 42. Removal of benchmarks and signals
The removal of benchmarks and signals may be demanded if the use of the land on which they stand make this necessary. Removal shall be carried out by the owner of the benchmark or signal.
Marks and signals may be removed by the municipality if their design and placement could potentially cause confusion with nearby benchmarks and associated signals.
Removal of benchmarks and signals included in an overall national system may not be demanded removed pursuant to the first paragraph and may not be removed by the municipality pursuant to the second paragraph. The same applies to base points and monumental benchmarks.
If compensation is granted under section 41, repayment of the compensation amount may be wholly or partially demanded upon removal pursuant to the first paragraph, if the amount exceeds the loss suffered.
The Ministry may by regulations issue further provisions on the procedure for removing benchmarks and signals.
Section 43. Notification
Anyone affected by surveying work shall be notified in an appropriate manner prior to its commencement.
The Ministry may by regulations issue further provisions on notification.
Section 44. Expropriation
The municipality or the State may carry out expropriation for executing and securing measures and facilities in connection with control point surveying. The Act relating to the Expropriation of Land shall apply correspondingly.
Section 45. Discretionary assessment
Compensation for expropriation pursuant to section 44, damage and inconvenience due to actions under section 41, and repayment pursuant to section 42 fourth paragraph shall be determined by discretionary assessment if the parties do not reach agreement among themselves. The discretionary assessment shall be directed by the district sheriff, enforcement officer or police chief superintendent with civil administration of justice duties.
Chapter 9. Appeals, sanctions, etc.
Section 46. Appeals
Individual decisions under this Act may be appealed in accordance with Chapter IV to VI of the Public Administration Act. Appeals may always be filed against decisions concerning:
- recording cases in the cadastre that require a cadastral survey pursuant to section 6, including errors in the notification or execution of the survey,
- clear boundary pursuant to section 7 third paragraph,
- merger, cf. section 18,
- recording of reference to agreements on existing boundaries in the cadastre, cf. section 19,
- determination of combined land parcel, cf. section 20,
- allocation of official address pursuant to section 21,
- deletion of cadastral parcel pursuant to section 26 second paragraph,
- refusal of request to correct information in the cadastre, cf. section 26 third paragraph,
- refusal of request for access to the cadastre pursuant to section 29,
- provision of information from the cadastre, cf. section 30,
- determination of fees, cf. section 32 first paragraph,
- refusal of requisition for cadastral survey, see section 35 first paragraph,
- coercive fines, cf. section 48.
The County Governor is the appellate authority for municipal decisions unless otherwise decided. The Ministry is the appellate authority for decisions made by the central cadastral authority. The central cadastral authority is the appellate authority for municipal decisions concerning the provision of information from the cadastre, cf. first paragraph j).
The Ministry may by regulations issue further provisions on appeals, including which decisions can be appealed even if they are not considered individual decisions.
Section 47. Disputes concerning surveying work
Disputes concerning the execution of surveying work under section 41, or disputes about removing benchmarks or signals pursuant to section 42 shall be decided by the County Governor. The County Governor’s decision cannot be appealed.
Section 48. Coercive fines
The municipality or central cadastral authority may decide to impose coercive fines to implement decisions made under this Act. Decisions may give rise to fines only if the decision sets a time limit for execution. Fines may be issued as daily fines or a one-off amount. Decisions on coercive fines are enforceable by execution. The Ministry may by regulations issue further provisions on the determination, calculation and waiver of coercive fines.
Section 49. Damage to benchmark, etc.
Any person who wilfully or by negligence unlawfully alters, moves, damages, or renders useless a benchmark, signal or instrument set up for measurements, shall be punished by fines or imprisonment for up to 6 months.
The wrongdoer shall compensate the loss that the owner of the benchmark, signal, or instrument has incurred as a result of acts pursuant to the first paragraph.
Chapter 10. Entry into force, transitional provisions and amendments to other Acts
Section 50. Entry into force
This Act comes into force from the time King decides. The King may implement the various provisions at different times.
The provisions of section 7 shall enter into force no earlier than four years after the Act comes into force.
The Ministry may by regulations issue further provisions on implementation, including rules for implementation at different times in different municipalities. In municipalities where the cadastre has not been put into operation, information shall be recorded in the Ground Property, Address and Building Register and on the existing cadastral maps.
Section 51. Transitional rules
Map and land subdivision surveys that are requested before the Act comes into force shall be completed pursuant to the provisions of the Land Subdivision Act. Requests for establishing condominium units pursuant to the Condominium Unit Act shall be completed pursuant to the rules that applied when this Act came into force.
The State represented by the central cadastral authority has the right to transfer all the information in the municipalities’ analogue and digital map series, records and electronic databases that is to be entered in the cadastre, including other information necessary for achieving efficient transfer. The same applies to similar information from digital maps and electronic databases that the municipality or state agencies administer in collaboration with others, or that are administered by firms on behalf of the municipality or state agency.
The Ministry may by regulations issue further transitional provisions, including provisions on the transfer of information from municipalities and government agencies.
Section 52. Amendment of other Acts
The following amendments shall be made in other laws from the date decided by the King:
1. Act No. 70 of 23 June 1978 relating to survey, sub-division and registration of real estate (Land Subdivision Act) shall be repealed.
2. Act No. 1 of 9 July 1923 on the erection of signals and marks for measurement work shall be repealed.
3. Section 25 of Act No. 11 of 17 July 1925 on Svalbard shall be repealed.