About the Instrumental Measurement of Land Unit Boundaries at the Time of Handing Over a Construction for Use

The Ministry of Economics has received information that some building authorities are requesting an instrumental measurement of the boundaries of the land unit on which the building being handed over for use is located. In this regard, we draw attention to the fact that the special building regulations list all the documents necessary for handing over a building for use. For example, Clause 167.4 of the Cabinet of Ministers' September 2, 2014, Regulation No. 529 "Building Regulations for Buildings" states that handing over a new building of the 2nd or 3rd group for use requires submitting an implementation measurement plan to the building authority, including a vertical measurement. This plan is prepared in accordance with the Cabinet of Ministers' April 24, 2012, Regulation No. 281 "Regulations on High Detail Topographical Information and its Central Database," and these regulations do not require an instrumental measurement of the land unit boundaries to prepare the implementation measurement plan. Instrumental measurement of land unit boundaries must be carried out according to the Cabinet of Ministers' December 27, 2011, Regulation No. 1019 "Regulations on Land Cadastral Survey," and these regulations clearly define all cases when instrumental measurement of land unit boundaries is required. None of the cases mentioned in these regulations requiring instrumental measurement of land unit boundaries apply to the handing over of a building for use. Therefore, building authorities are not entitled to request an instrumental measurement of land unit boundaries when handing over a building for use.

The mere fact that there may be a dispute between neighbors about the responsibility for the actual situation of the common boundary in the future does not itself justify a building authority requesting an instrumental measurement of land unit boundaries without legal basis when handing over a building for use. Additionally, an unresolved dispute between neighbors about land unit boundaries is also not a reason for the building authority to side with one of the disputants contrary to the previously documented state of the land unit boundaries, asking the other party to perform actions not prescribed in the normative act.

At the same time, especially when handing over a building for use, it is necessary to consider the fact that, for example, a building can be handed over for use based on construction plan documentation developed in different coordinate systems, such as the LKS-92 coordinate and Baltic height systems. In such a case, before deciding on the compliance or non-compliance of the constructed building with the construction plan documentation, the mutual correspondence of both system coordinates should be evaluated, and in case of disputes, we advise consulting with the Latvian Geospatial Information Agency.

In conclusion, we draw attention to the fact that the Ministry of Justice's September 8, 2014, letter No. 1-13/3451 on the significance of cadastral data in design and planning, sent to all municipalities with the Ministry of Environmental Protection and Regional Development's September 11, 2014, letter No. 15.18.-1e/8361, does not address issues related to the handing over of a building for use and is not a legal basis for requiring an instrumental measurement of land unit boundaries when handing over a building for use.