Property formation and plot division
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Within city plan areas, a prerequisite for obtaining a building permit is that a plot division has been drawn up for the block and that the plot derived from the plot division has been transformed into a registrable property by means of a cadastral survey.
- In urban areas, cadastral surveying is carried out by the City's cadastral surveyor or property registrar.
- Outside city plan areas, cadastral surveying is carried out by the National Land Survey of Finland.
Plot divisions indicate and confirm individual building sites, i.e., plots within a construction block according to the relevant city plan. Plot divisions are usually drawn up separately after a city plan has come into force. Plot divisions are drawn up by the City and the process can be initiated either at the request of a land owner or at the initiative of the City.
Plot division is implemented with construction and other land use opportunities as well as land ownership conditions in mind. As a general rule, the plots included in a plot division must be bordered by a street area, but, if circumstances so warrant, a plot may also be bordered by another type of public area through which a passable connection to the plot can be arranged.
A separate plot division is drawn up on a map showing plot numbers, surface areas, border lengths, border points and their coordinates, as well as all the buildings in the area.
In plot division, stakeholders are the owners of the divided area and of the neighbouring properties, as well as the owners of any properties on the other side of the street, if the decision can significantly affect the construction or other use of the property.
Plot division stages
Plot division stages include:
- consultation of stakeholders while preparing the plot division
- making the plot division proposal available for public viewing
- approval of plot division
- registration of appeals
- entry into force of plot division
Plot divisions can be speeded up if approved by all stakeholders, in which case it is not necessary to make the plot division proposal public.
When a landowner applies for a separate plot division or the drafting of an amendment, a fee is applied in accordance with rates approved by the City Council. If the plot division or amendment to a plot division is exceptionally labour-intensive, the fee will be based on the time spent.
It is also possible to request a preliminary calculation regarding a plot division. Preliminary assessments are presented in the form of a map proposal presenting an alternative regarding possible building sites created by the plot division. A preliminary assessment does not require drawing up the plot division. Preliminary assessments and marking an assessment in the terrain are charged separately.
If the plot division from a preliminary assessment can be used later on, the costs of the preliminary assessment will be reimbursed during the plot division.
Applying for the drawing up of a plot division
Plot division applications are submitted in writing to the property registrar.
- In accordance with Section 39 of the Land Use and Building Act, separate plot division proposals must be kept on public display in the municipality for at least 14 days.
- Those who must be consulted in relation to the drawing up of a plot division according to Section 79, subsection 2 of the Land Use and Building Act (the owner of the plot and the bordering neighbours) have the right to submit objections regarding the plot division proposal.
- Plot divisions can be speeded up if approved by all stakeholders, in which case it is not necessary to make the plot division proposal public.
Accessible plot divisions
The plot division proposals can be viewed on the Electronic message board.
Objections to plot divisions
Those who must be consulted in relation to the drawing up of a plot division according to Section 79, subsection 2 of the Land Use and Building Act (the owner of the plot and the bordering neighbours) have the right to submit objections regarding the plot division proposal.
Plot division objections must be submitted to the City’s registry office before the end of the viewing period.
Stakeholders will be informed by letter of the availability of plot divisions for public inspection.
In addition to this website, plot division proposals can also be consulted electronically at the service point Passari.
Plot division and registration is regulated in the Real Estate Formation Act (554/95).
Applying for a survey
Plot divisions are generally initiated at the request of plot owners.
Cadastral surveys are charged according to rates approved by the City Council. Discounts and additions may be applied to the basic fee, for example, due to the size of the plot or number of measures to be performed during surveying.
Terrain work includes searching for old boundary markers to see if they remain in place, as well as measuring new boundary points and building new boundary markers. Terrain work is implemented on a case-by-case basis at the earliest possible stage. However, official decisions regarding new border markers and possible border ambiguities may only be made at surveying meetings.
Cadastral surveys are launched with a surveying meeting in the manner described in the invitation. The area and boundaries of the plot are confirmed at the meeting. In addition, the meeting establishes the necessary encumbrances in accordance with the agreement (for example, water pipe or parking lot encumbrances), determines the residual property unit and decides on necessary border visits.
According to the law, the survey applicant or other stakeholders are not obliged to be present at the surveying meeting. Participating in the surveying meeting is only necessary if the boundaries of the plot, the right of way or other easements or any other aspects related to the surveying are at all unclear. However, the absence of a stakeholder will not prevent the realisation of a meeting nor the potential decision to stop the surveying.
The registration of a plot in the property register requires that the survey applicant owns the entire area of the plot to be measured. Right of ownership is demonstrated with a title registration regarding the properties and areas included in the plot.
In addition, in order to register a plot, the mortgages relative to the plot area must be, as stated in Section 24 of the Real Estate Formation Act, in such a state that the interests of the lien holders remain protected.
When dividing a plot, if necessary and at the request of a plot owner, it is possible to discuss releasing the new plot from mortgages that encumber the plot forming property. Mortgage release can be based either on a so-called harmlessness assessment or on the consent of other lien holders. If it is necessary to assess mortgages as part of the surveying, the matter should be discussed with the property registrar before the surveying meeting.
Minutes and a plot map will be drawn up regarding the survey, which must also be included as an attachment to any building permit applications.
One must apply for a cadastral survey in writing from the property registrar.