Valuations
Surveying
Advice & consultancy7 June 2023
Why a land surveyor is essential for the pre-cadastration of plots and buildings
Whenever the shape or size of a parcel changes, a land surveyor is required to create a new cadastral parcel. In technical terms, this process is called pre-cadastration or PRECAD. The land surveyor is responsible for submitting the pre-cadastration application. This involves first carrying out a professional survey of the parcel, after which the sworn land surveyor files the pre-cadastration with the cadastre.
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What is a pre-cadastration or PRECAD?
Prekadastratie (PRECAD), sometimes referred to as pre-cadastration, is the official registration of a modified situation in the cadastre. In professional terms, this is sometimes called a plan reference, a reserved parcel identification, or a volume identification.
A land surveyor’s expertise is required to submit a pre-cadastration or PRECAD in several situations:
- when the shape or size of a parcel changes
- when a building is split through a master deed
- when establishing a building right (opstalrecht) on a parcel or building
Since 2015, pre-cadastration has been a mandatory process consisting of two steps:
- The land surveyor prepares a delineation plan for the newly created cadastral parcel.
Within 20 calendar days of the application, the cadastre issues a plan reference, reserved parcel identification, or volume identification, based on the delineation plan submitted by the land surveyor.
What is a delineation plan?
Surveyors draw up delineation plans. These are plans that define the boundaries of new cadastral parcels. Surveyors can express this demarcation in two ways: either in square meters for a reserved parcel identification, or in cubic meters for a volume identification. Depending on the purpose, different technical standards must be taken into account when drafting the delineation plan. These may concern:
- a horizontal subdivision of a parcel
- the subdivision of a building with a master deed
- the establishment of a building right on a parcel or a building
After a request for pre-cadastration, the delineation plan is assigned a plan reference. This is a unique number used to identify the delineation plan in a notarial deed. In practice, the surveyor provides the plan reference, the reserved parcel identification, and/or the volume identification to the notary. The notary then prepares the notarial deed. In the case of a complex notarial deed and pre-cadastration, the notary and the surveyor often consult on the requirements and the preferred arrangements of a pre-cadastration or PRECAD.
When is a pre-cadastration required?
A pre-cadastration is required whenever a new cadastral parcel forms the subject of a notarial deed. A new cadastral parcel may arise as a result of:
- a change in the shape or size of a parcel
- the legal subdivision of a building through a master deed
- the establishment of a building right on a parcel
Common practical examples where a pre-cadastration (PRECAD) is required include:
- the sale of part of a garden parcel
- the subdivision of land through sale or donation
- the subdivision or splitting of land into building lots
- an adjustment of the boundary between two adjoining parcels following a boundary demarcation
- the sale of individual apartments, whereby private units are created through the subdivision of a building with a master deed
- the granting of a building right, a long lease, or usufruct over part of a parcel or part of a building
- an notarial lease agreement concerning part of a parcel
- a mortgage deed covering part of a parcel
- the expropriation of part of a parcel
- the gratuitous transfer of part of a parcel to a municipality
- an amendment to the master deed following the sale of a concierge’s dwelling in an apartment building
- …
A pre-cadastration (PRECAD) is not required, for example, in the following situations:
- the sale of an entire garden parcel
- the establishment of a building right, a long lease, or usufruct over an entire parcel
- an notarial lease agreement relating to an entire parcel
- …
What is the purpose of a pre-cadastration (PRECAD)?
The primary purpose of a pre-cadastration (PRECAD) is to ensure legal certainty. The more accurate the cadastral information, the greater the legal certainty in notarial real estate transactions. Surveyors draw up a delineation plan prior to the execution of the authentic deed. This ensures that all parties involved in the notarial deed are fully informed about the boundaries and the surface area or volume of the new cadastral parcel being created.
Before 2005, when pre-cadastration (PRECAD) was not yet mandatory, notarial deeds often included wording that could give rise to uncertainty, such as: “registered or previously registered,” “without guarantee of size or surface area, even if the difference is one in twenty or more,” or “sale of a plot without measurement.” Such vague descriptions not only left the cadastre incomplete but also greatly increased the risk of legal disputes.
Our references
- surveying and pre-cadastration for the notarial subdivision of 3 hectares of project land in Ghent at The Loop
- subdivision and pre-cadastration of land into 12 building lots in Lievegem
- pre-cadastration of an apartment building with 20 residential units and 15 parking spaces, including the calculation of shares in a substantiated report
- subdivision and pre-cadastration of land into 2 building lots in Ghent
- …
Want to know more about splitting or subdividing land?
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