A Concept of a Model Approach to the 3D Cadastre in Poland: Technical and Legal Aspects

Abstract

The paper presents main results of researches done during preparation of the postdoctoral lecturing qualification thesis (D.Sc. thesis). The title of thesis was „A concept of a model approach to the 3D cadastre in Poland”. The thesis presented a proposal of the 3D cadastral model for Poland, based on analysed solutions in the field of three-dimensional cadastres applied in many countries. The thesis consisted of four basic sections. The final (fourth) part of the thesis presented the concept of the model approach to the 3D cadastre for Poland. The paper focuses on fourth part of the thesis and further author’s research works. In paper there is presented a model approach to the 3D cadastre for Poland. This model proposes modification of perception of the extension of property rights as specified in the Civil Code, which would open the possibility to establish this right in "layers" in Poland. Therefore – apart from the currently existing cadastral parcel – it has been proposed to introduce new objects in the form of 2D and 3D cadastral parcels, which would technically allow for such a solution. So in 3D cadastral model there will exist: traditional cadastral parcels (with infinite range of ownership rights, practically limited but not registered in cadastre in the form of the sets of points with 3 coordinates or height levels), 2D cadastral parcels (based on traditional cadastral parcels but with registered minimum and maximum height levels which limits range of ownership rights to the parcel), 3D cadastral parcels (subdivided from 2D cadastral parcels – space parcel, registered in cadastre as a prism defined by set of points with x,y,z coordinates). Detailed conditions concerning creation of 2D and 3D cadastral parcels, as well as the scope of related technical documentation, have been determined. The procedure to distinguish 3D cadastral parcels, following the application of the currently existing cadastral parcel, as well as ex officio procedures, implemented to achieve public goals, have been developed. The author performed further tests of implementation of such a model based on an existing building in the town centre and a planned investment (building) which interfered in ownership’s space of the building parcel (building planned to build above an existing building and surrounding street, parking places planned to build under the street and under the existed building). The author made a proposition to establish a maximum and minimum layers of ownership rights for 2D parcels and subdivided it into 3D parcels which allow to make this investment (construction) basing on ownership rights to 3D parcels and not on servitudes on traditional cadastral parcels.