2014 World Bank Land and Poverty Conference Incrementally securing urban tenure: Promising...
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Transcript of 2014 World Bank Land and Poverty Conference Incrementally securing urban tenure: Promising...
2014 World Bank Land and Poverty Conference
Incrementally securing urban tenure: Promising practices,
March 24-27, 20141818 Street NWWashington DC
2March 25th, 2014
Vertical Title Schemes to Address the Urban Sprawl Issue
Pauline MALAPLATEConseil Supérieur du Notariat
4March 25th, 2014
Challenging Issue: Urban Sprawl
- outward spreading of cities- conversion of agricultural land to residential
use.How to make a better use of a limited resource ?
5March 25th, 2014
Densification- higher density cities are more sustainable than
low density cities.- Public services- Transportation
- land use planning is not enough to increase the urban density.
6March 25th, 2014
Vertical Urban Development- simple and appropriate title scheme for vertical
urban development in developing and emerging countries
- designing land rights that allow vertical development.
- designing association rules to manage vertical housing.
7March 25th, 2014
Cityscape of Paris
- the City of Paris has the highest urban density in the Developed countries
- more than 21,000 inhabitants/sqr. Km- even 42,000 in some parts of the city.
8March 25th, 2014
History of commonhold in France- 1804 Napoleonic Code (art. 664) stipulated that properties
- could share a common building or plot governed by a housing collective,
- while the airspace and floor space within the individual units still be considered privately owned.
- Differed from traditional English property law which required the legal
owner of the residential unit to also own the surrounding land. - improved by Notaries in the 1860s' in Paris- regulations in 1938 revised in 1965
9March 25th, 2014
Lessons Learned- 150 years of Case Law
- thousands of cases to find out the problems and design proper answers
- trial and error process- this expertise help to save time when drafting:
- new regulation- contracts templates relating to commonhold
10March 25th, 2014
Interprofessional Group- Notaries
- > drafting- land surveyors and/or architects
- > description of the building and units - property managers
- > management issues
11March 25th, 2014
Framework Legal Tools- Framework legal tools that can be adapted to a
country-to-country basis.- Basis of discussion to tailor a solution that fits in
the country legal system.- Purpose:
- make it possible (regulation)- make it happen (implementation)
12March 25th, 2014
Commonhold
- system of freehold tenure of a unit- within a multi-occupancy building, - with shared ownership and responsibility for
common services.
13March 25th, 2014
Setting up the Commonhold
- deed of division of the ownership into several fractions known as "units”
- registered at the Land Registry: each unit is identified in the public records
14March 25th, 2014
Association- The unit-holders collectively constitute a single legal
entity: the unit-holders' association.- Purpose of the association:
- to preserve the building, - to maintain and manage the common parts, - to safeguard the rights relating to the property or the
commonhold,- and to carry out all operations required in the common
interest.
15March 25th, 2014
Land
- Ownership of the land is not a requirement.- Commonhold may be based on:
- long-term leases,- volumetric divisions (on public equipment's,
commercial real estate, … )
16March 25th, 2014
Units- Each unit comprises a private area and a share of the
common parts.- This share:
- is expressed by a fraction.- is in proportion to the relative value of each private area,
in relation to the value of all of the units.- The method of calculation, duly determined by a
surveyor, is stipulated in the deed of division setting up the commonhold.
17March 25th, 2014
Common Parts- General common parts:
- undivided property of all the unit-holders - used by all of them.
- Special common parts:- undivided property of several unit-holders - reserved for their use.
18March 25th, 2014
Commonhold regulations - intended use of the property (private areas and common parts)- allocation of responsibility for the charges among the unit-holders, - rules relating to the enjoyment, use and maintenance of the private areas, - rules relating to the use and maintenance of the common parts, - rules relating to the operation and governance of the commonhold, - obligations of the unit-holders to contribute to the common service
charges, - method of payment and method of collecting the sums due, - votes of each unit-holder corresponding to the share of the common parts
attached to each unit belonging to that unit-holder.
19March 25th, 2014
Rights and obligations of the unit-holders- unrestricted enjoyment of the private area and the common
parts, according to:- the commonhold regulations, - the rights of the other unit-holders - the intended use of the property.
- contribution to all the common service charges- the costs of maintenance, repairs, preservation of the property,
property management and the governance of the commonhold- in proportion to the fraction of the common parts attached to each unit
20March 25th, 2014
Commonhold governance
- Unit-Holders association- General Meeting
- Board of the association- Management monitoring
- Commonhold manager- Day-to-day management
21March 25th, 2014
Transfer of Units- Information of the new right holder
- Technical- Financial
- Obligations of the present right holder- Account’s settlement
22March 25th, 2014
Elinor Ostrom’s Design Principles1. Clearly defined boundaries2. Rules regarding the appropriation of common resources3. Collective-choice arrangements that allow most resources
appropriators to participate in the decision-making process4. Effective and accountable monitoring5. Scale of graduated sanctions for resources appropriators6. Self-determination of the community recognized by higher-level
authorities7. Mechanism of Conflict Resolution
23March 25th, 2014
Delivering the Expertise
- Bottom Up approach- Participative design- Low Tech Solutions- As simple as possible
24March 25th, 2014
The END