0% found this document useful (0 votes)
16 views14 pages

Englsih Cadastral Survey Regulation Negarit-Gazeta-Sol Final

Regulation No. 323/2014 outlines the Urban Cadastral Surveying framework established by the Council of Ministers of Ethiopia, detailing definitions, principles, and responsibilities associated with cadastral surveys. It emphasizes the importance of accuracy, standardization, and the use of modern technology in surveying practices. The regulation also specifies the prerequisites for conducting surveys, the roles of surveyors, and the organization of survey information to ensure effective landholding registration and management.

Uploaded by

milkiyasmetena
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
16 views14 pages

Englsih Cadastral Survey Regulation Negarit-Gazeta-Sol Final

Regulation No. 323/2014 outlines the Urban Cadastral Surveying framework established by the Council of Ministers of Ethiopia, detailing definitions, principles, and responsibilities associated with cadastral surveys. It emphasizes the importance of accuracy, standardization, and the use of modern technology in surveying practices. The regulation also specifies the prerequisites for conducting surveys, the roles of surveyors, and the organization of survey information to ensure effective landholding registration and management.

Uploaded by

milkiyasmetena
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 14

CONTENTS

Regulation No. 323/2014

Urban Cadastral Surveying Council of Ministers Regulation………………Page 7669

Council of Ministers Regulations No.323/2014


URBAN CADASTRAL SURVEYING COUNCIL OF
MINISTERS REGULATIONS

These Regulations are issued by the Council of Ministers pursuant to Article 5 of the
Definitions of Powers and Duties of the Executive Organs of the Federal Democratic
Republic of Ethiopia Proclamation No. 691/2010 and Article 54(1) of the Urban
Landholding Registration Proclamation No 818/2014.

PART ONE
GENERAL

1. Short Title
These Regulations may be cited as the “Urban Cadastral Surveying Council of
Ministers Regulations No.-----/2014”.

2. Definitions
In these Regulations unless the context otherwise requires:
1/ “Proclamation” means the Urban Landholding Registration Proclamation
No. 818/2014;
2/ the definitions provided for under Article 2 of the Proclamation are
applicable;
3/ “geodetic network” means a combination of triangular geodetic control
point which is measured by ground survey;
4/ “city block” means an area in a lower level of urban administration, which
is a plan block drawn up in line with surrounding roads and liner features,
prepared according to the city block standard and contain one or more
landholdings;
5/ “datum” means a nationally accepted reference point for cadastral survey;
6/ “cadastre officer” means a person who is appointed by the regional
government or the urban administration to lead the cadastral surveying
activities in the landholding registering institution of the urban center;
7/ “Ethiopian Heights Datum (E.H.D) Value” means a value equal to or better
than defined standard in relation to the height above or below E.H.D of a
survey mark;
8/ “accuracy” means in relation to a particular survey a surveying carried out
in accordance with the surveying standard;
9/ “boundary mark” means a mark visible on the holding, corner of the fence,
fixed nail or a stone painted with permanent paint which is made in
accordance with the boundary mark standard;
10/ “Global Navigational Satellite System” means an international navigation
satellite system;
11/ “Surveying Peg Stone or Monument” means a natural or artificial object, or
a point on a natural or artificial object, that is shown on an existing survey
plan held by a public authority for the purpose of locating or relocating a
boundary or a point in a survey;
12/ “national geodetic reference point” means a point established by a
nationally authorized organ; a part of the national geodetic control points
web and serves as a starting point for future surveying activity;
13/ “established survey mark” means a survey mark that is described in the
register of surveys as having a horizontal position as specified on the
standard;
14/ “road” means any road, street, laneway, pathway or other means of access,
either existing or proposed;
15/ “survey certificate” means a certificate referred to a surveying activity that
has been done in accordance with the standard;
16/ “urban land survey” means a land survey which is may be conducted:
(a) in the land that is within a zone identified in a land use planning
instrument, within the meaning of the Urban Planning as being
residential, rural residential, commercial or industrial, administrative
or social purpose, public use;
(b) in the land on which construction for residential, rural residential,
commercial or industrial purposes is permitted to be carried out or
an area not obtained permit for development pursuant to relevant
law;

1
PART TWO
CADASTRAL SURVEY AND INFORMATION

3. Principles of Cadastral Survey System Implementation


1/ A survey shall be undertaken based on the following principles:
a) ascertaining the quality of survey instruments that they meet
appropriate standards and compatible with the modern technology;
b) it shall adopt a datum and if appropriate, bench marks for the survey,
or tied with monumental ground control points on an area;
c) the right positions of monuments relevant to the survey shall be
ascertained;
d) standardize forms which serve for survey activity shall be prepared;
e) cadastral surveyor shall locate or relocate the boundaries of the land
surveyed;
f) place appropriate survey marks on the ground for the survey.
2/ For the survey work undertaken based on the principles specified in this
provision, a completed field notes of the survey shall be reduced and if the
purpose of the survey so requires, prepare a survey plan.

4. Prerequisites of Cadastral Survey Activity


The following prerequisites shall be fulfilled before conducting cadastral survey
activities:
1/ ascertainment of preparation of an urban cadastre base map on the basis of
the national standards and that it serves as a base for a cadastral survey;
2/ the registering institution shall ascertain, before starting systematic
landholding adjudication process, that the cadastral base map is inter-linked
with land hold records to create conducive environment for cadastral survey
activity;
3/ calibration and ascertainment of survey instruments by a legally authorized
organ, if a cadastre surveyor or surveyor with special permit undertakes a
cadastral survey with survey instruments on land;
4/ without prejudice to sub-articles (2) and (3) of this Article, the reference point
of the cadastre survey information shall be referenced to and comply with

2
the national geodetic network.

5. Surveyor to Meet Requisitions


1/ A surveyor ordered by a registering institution or any concerned body to
conduct any cadastral survey shall comply with the standards and answer
requisitions.
2/ Anybody who undertakes land surveying activity shall receive land survey
order, conduct a survey and submit a survey data report in accordance with a
standard provided by a legally authorized organ.

6. Responsibilities of a Surveyor During a Survey Process


1/ Any cadastral surveyor or a special surveyor shall fully be responsible for the
accuracy of cadastre survey that is undertaken by him or under his
responsibility.
2/ Any cadastral surveyor while undertaking land survey on a land not held
for public or governmental service shall, 15 days prior to commencing a
survey, notify to the right holders and to the adjacent land use right
holders who could be affected in the course of the survey.
3/ When it becomes difficult to get the right holders pursuant to sub-article (2)
of this Article, a notice stating the land survey schedule shall, 15 days prior,
be posted on the conspicuous place where the holding is located.
4/ Any cadastral surveyor, after notifying pursuant to sub- articles (2) and (3) of
this Article, after the lapse of the notice period and keeping the work order,
can undertake the survey without any pre-condition in a manner that does
not prejudice land use rights provided by other laws.

7. Using Quality Standards of Survey Measurement


1/ Survey quality standards shall be implemented based on the directive or
standard issued by an authorized organ pursuant to the modern survey and
measurement technologies or instruments.
2/ Without prejudice to sub-article (1) of this Article, the implementing regional
government or urban administration shall ascertain that the cadastre survey is
conducted based on the chosen land survey accuracy standard.
3/ If the level accuracy is not specified pursuant to sub-article (2) of this Article,
the surveyor shall ascertain the fulfillment of conditions that may be accepted

3
by the cadastre officer of the urban cadastre registering institution.

8. Survey of Landholding
Without prejudice to Article 5 and 6 of these Regulations:
1/ the surveyor shall undertake a survey activity pursuant to work order given by
the cadastral survey officer upon the request of the institution or a customer
to clearly state the boundary of a new or a previously surveyed holding.
2/ When surveying is carried out pursuant to sub-article (1) of this Article, the
surveyor shall adopt the boundaries originally marked on the ground as the
true boundaries unless there is sufficient evidence to show that the marks
have been incorrectly placed or have been misplaced.
3/ When a re-survey of holding shows that an original survey plan have been
incorrectly placed or have been misplaced, a surveyor shall clearly indicate on
the survey plan the extent of the discrepancy in the marking of boundaries and
he shall also advise the cadastral surveyor officer about the discrepancy by a
written report within two months after making the survey.
4/ The landholding registry institute shall correct within two months after it
has received the report specified under sub-article (3) of this Article.

9. Organizing Survey Information


1/ Cadastre survey information shall be filled in forms prepared pursuant to these
Regulations and relevant work standards.
2/ The information filled in accordance with sub-article (1) of this Article shall be
organized on a paper or digital folder by a cadastre survey officer.

PART THREE
SURVEY MEASUREMENT AND CALCULATION

10. Survey of a Parcel Boundary


1/ A surveyor shall survey boundaries of a holding by a straight line method
which shall be reasonable and practical.
2/ In case of boundary survey, the surveyor shall prepare survey record result

4
and cadastre survey plan report certificate to cause approval of the survey
record in order to show measurement accuracy.
3/ The method through which the measurement accuracy has been found shall
be shown in accordance with the standard.
4/ The area of parcel shall be shown in hectare or in square meter.

11. Measuring Using Photographic Information


1/ Any surveyor, without using ground survey instruments may use cadastral
base map measurements derived from approved photogrammetry or
approved remote-sensing methods and process cadastral survey
measurement.
2/ The map indicated under sub-article (1) of this Article, may be utilized for
cadastral survey, only when the required accuracy is verified or the derived
measurement for a survey attained an accuracy equal to or better than
stated map scale and that it has accuracy standard certificate.
3/ When the method indicated under sub- article (1) of this Article is utilized,
the surveyor shall indicate the methods on the survey plan.

12. Modifying a Survey of Measured Parcel Map


1/ When a survey carried out has possibility to modify the size of measured
parcel map, the surveyor shall connect the site of the parcel to be modified
to a relevant monuments and indicate the size of the land under the draft
survey by using coordinate or degree reading and length measurement.
2/ Without prejudice to sub-article (1) of this Article, an easement is created
over existing pipe lines and power conduits that are underground, or an
easement is to be created over existing pipe lines and power conduits that
are within a building and whose precise location cannot reasonably be
determined, in which case the approximate positions shall be shown on the
survey plan together with appropriate notations.
3/ Taking into account the findings of sub-article (1) and (2) of this Article a
proper correction shall be made to particular parcel map.

13. Calibration of Survey Instrument


1/ Surveying equipments used for cadastral surveying shall be calibrated at
least once in a year in accordance with the precision level stated in the

5
document prepared by the manufacturer.
2/ When a surveyor that uses a surveying equipments on the field while
making repeated measurement from the reference point finds out poor
measurement than the specified precision level, the surveyor shall cause
the surveying equipments to be calibrated without waiting for one year as
specified under sub-article (1) of this Article.
3/ Any surveyor shall not use any surveying equipment in making a survey
unless he knows the accuracy result to be obtained by using it.

14. Utilizing Global Navigational Satellite System Instrument and Adjudication of


Angular Measure Activity
1/ If Global Navigational Satellite System equipment is used for survey, a
surveyor shall use an approved technique that provides appropriate accuracy
for the type of survey being undertaken.
2/ Without prejudice to sub-article (1) of this Article, in the case of a survey in
which the total length of surveyed boundaries exceeds 10,000 meters, a
surveyor shall ensure that the angular work of the survey is done pursuant to
geodetic survey reading, and by comparison with a Global Navigational
Satellite System observation in a complete 360 degree full angular
measurement or with the national control survey network.
3/ Any comparison indicated under sub-article (2) of this Article shall be shown
on the survey plan.
4/ Any cadastral surveyor or a surveyor with a special permit shall not
interpolate any angular measurement by another surveyor.
5/ When a Global Navigational Satellite System survey equipment used, at least
four surveying points with correct Ethiopian Heights Datum shall be
established in advance in the area where the surveying is to be conducted.

15. Verifying the Accuracy of Measurements


1/ If the nature of the survey permits, a surveyor shall check all measurements
by closure of the easting and northing of the lines in all surrounds, computed
in meters to 3 decimal places.
2/ An accuracy of measurement that is prepared by cadastral survey may be
disputable between two adjacent neighboring parcel when the error
created is found to be greater than the acceptable level by taking the
reference scale from which the map was prepared.
6
PART FOUR
USE OF SURVEY REFERENCE POINTS AND SURVEY MONUMENT

16. Survey Reference Point


1/ The type of survey marks which shall be used to decide survey reference
points shall be determined in a special manner based on the required survey
type in order to use them for future survey activity.
2/ Detailed activities for the survey that has to be undertaken pursuant to sub-
article (1) of this Article shall be determined by directive.

17. Bench Marks


1/ Any level of bench mark shall be related to Ethiopian Heights Datum or
such other datum as it is approved.
2/ Ethiopian Heights Datum shall be verified by closed height difference
between two bench marks that each have accurate Ethiopian Heights
Datum values.
3/ All height differences verified or derived for a survey shall attain an accuracy
equal to or better than the standard.
4/ In a survey for the purpose of determination of height or depth or both, the
surveyor shall relate the survey to two or more than two bench marks of
which one or more shall be external to the land surveyed.
5/ For the purpose of determination bench marks pursuant to sub-article (4) of
this Article:
a) the external bench mark shall be an existing permanent survey peg
stone within 300 meters of the parcel; or
b) when it is impracticable to use an existing permanent survey mark, a
new permanent survey mark placed, within 300 meters of the parcel.

18. Shape and Forms of Survey Marks


1/ Shapes and forms of survey marks which serve for permanent and durable
survey activities shall be in accordance with standards prepared by the
concerned body at a national level.
2/ In the absence of standard prepared pursuant to sub-article (1) of this Article,

7
it shall be in accordance with the evaluation standards set by the registering
institution through the approval of cadastral survey officer; the particulars
shall be specified by a directive.

19. Making Survey Boundary


1/ During cadastral survey, it shall be ensured that boundary marks are
identified with corner peg and reference mark.
2/ The thickness and height of the corner peg shall be durable, immovable
and easily identifiable and accessible based on the applicable national
standards.

20. Corner Peg and Reference Mark


1/ When a corner peg and reference mark are found together, a surveyor shall
calculate and determine the bearing and distance between them.
2/ When contradiction exists with the main reference document, the surveyor
shall decide based on other evidence which of them to be adopt and shall
note the nature and difference created in detail on the survey plan.

21. Adjusting Survey Control Points


1/ If any new cadastre survey disturbs part of the information of a landholding
previously registered, a cadastral surveyor shall make boundary marks
measurement from monuments which previously served as reference point
and had connection with the same landholding boundary marks and then
ascertain that every boundary mark is placed on a correct place.
2/ When major survey control points are destroyed, and if a surveyor wants
to conduct a new survey in order to determine the boundary and corners
of a parcel, he can survey using fences and permanently fixed marks of
the adjoining or adjacent parcels of land, and parcels on opposite side to
the road as a whole or part survey reference.
3/ When there is adjustment in accordance with sub-articles (1) and (2) of this
Article, the surveyor shall indicate their correct location and correlation
through investigation and inquiry of the full or partial information used.

22. Protection of Survey Control and Boundary Marks

8
1/ A protection suitable for safeguarding survey control point shall be built and
guarding shall be undertaken based on the standard set by authorized body
and shall have legal backing.
2/ After boundary mark fixed, holders who benefit from the boundary mark or
the concerned lower level administrative body of the locality shall have the
responsibility to follow up its safety and make report to the registering
institution whenever change noticed.

23. Registration of Field Measure and Distance


1/ When a surveyor measures a boundary mark, it shall be measured without
disturbing the mark from its existing position.
2/ If a measurement conducted pursuant to sub-article (1) of this Article
discloses the length of a boundary of land to be different from that
indicated in the document of title to the land, the surveyor shall, verify the
length of the boundary, and make appropriate entries in the surveyor’s
field notes, and show in the notes and on any survey plan the monuments
or other objects or points adopted for the purpose of verifying the length
of the boundary.
3/ In the absence of monuments defining the land, the surveyor shall indicate
on the survey plan whether there is sufficient land available to permit the
adoption of the measurement referred to in sub-article (1) of this Article
without causing any encroachment on any road or any adjoining or
adjacent parcel of land.

PART FIVE
FIELD NOTE

24. Field Note Preparation


The field note shall be prepared by the registering institution in accordance with the
standard.

25. Collecting Filed Note Information


While collecting filed note information, the surveyor shall register measurements,
weather condition and registration of measurement by verifying and connecting with

9
other important information as per the standard and, other information and
documents from the field which are important for field note.

26. Digital Information Collected from the Field


1/ If a survey has been recorded in by electronic methods, an electronic copy
or a compressed or zipped data, shall be retained in a manner that
facilitates the preparation of a complete and accurate survey plan.
2/ If a survey has been recorded in whole or in part by Global Navigational
Satellite System methods; an electronic copy of all recorded data, and a
copy of the reduced baseline or positional results shall be retained in a
form that facilitates the preparation of a complete and accurate survey
plan.

27. Registering Geodetic Measure Readings on Field Note


1/ Any surveyor shall indicate, on his field note, clearly and unequivocally the
datum line of the survey and the origin of the orientation adopted.
2/ If the surveyor takes a geodetic reading, he shall record the date, hour and
latitude of the proper survey control point together with full particulars of all
existing survey reading of the landholding.
3/ When all angles and bearings are taken they shall be recorded and expressed
in degrees, minutes and seconds, and all bearings shall be reckoned and
expressed clockwise from zero to 360 degrees or in grad.
4/ Without prejudice to sub-articles (1) to (3) of this Article, the surveyor shall
register in the field note other information necessary for this activity in a clear
and readable form.

28. Verification of Information Recorded in a Field Note


In order to ascertain the correctness of information recorded in a field note, the
surveyor shall write his name, signature and date of work.

PART SIX

10
SURVEY PLAN

29. Survey Plan Forms


1/ Any surveyor shall use survey plan forms while undertaking cadastral measure.
2/ The forms specified under sub-article (1) of this Article shall be prepared by an
authorized organ following a standard set for this purpose.

30. Registering of Datum Information.


Any surveyor while conducting a cadastral measure, he shall fully register code, zone,
coordinate, criteria and the extent of error of datum information.

31. Method of Recording Bench Marks


The nature of bench marks, position and height value of each bench mark, as
well as the date on which the height value of that mark was obtained from the
register of authorized body shall be recorded on the cadastre plan.

32. Showing Landholding Boundaries


In showing boundaries of a landholding, a survey plan shall indicate the nature of
the boundaries at the time of the survey, boundary types, walls if used in
common and the position of the boundaries in those walls and other important
things.

33. Showing Natural Feature as Boundaries


A survey plan, which shows the natural feature as boundary, shall describe the
natural feature at the time of survey.

PART SEVEN
CADASTARAL MAP FORMATION

11
34. Cadastral Map Preparation
1/ In order to establish cadastral system, the registering institution shall primarily
cause the preparation of cadastral base map or use already the prepared one.
2/ The landholding adjudication neighborhood map shall be prepared in proper
scale and in accordance with cadastral index base map standard, in order to
show the parcels with unique parcel identification code,
3/ Cadastral map shall be originated after verifying the conformity and quality of
the data of cadastral base map, the facts of the document explained by the
organ that creates landholding rights and newly taken measurement.

35. Parcel Index Map and Unique Parcel Identification Code


1/ Without prejudice to non-replication of a unique parcel identification code
anywhere within the urban part of the country, it shall conform to the rural
parcel identification code.
2/ The standard of implementation of unique parcel identification code shall
take into account the implementation of rural parcel identification code.
3/ The parcel index map shall be prepared by including landholding measures,
code, scale, data and the reference field note.

PART EIGHT
MISCELLANEOUS PROVISIONS

36. Surveyor’s Level and Accountability


1/ A cadastral surveyor shall be a person, who graduated from a recognized
institution, passed the professional competency examination and received an
appropriate competency standard certificate, have not less than 3 years work
experience on an activity that has a direct relation with this profession and can
present evidence showing the fact that he has been working for the past three
year or took a self improving professional training.
2/ A surveyor with special permit shall be a person, who studied and graduated
from a recognized institution, passed the professional competency
examination and received an appropriate competency standard certificate and
have one year work experience on survey activity that has a direct relation with
this profession.
3/ Any surveyor shall be liable pursuant to Article 37 (1) of these Regulations if

12
he fails to undertake the survey work order fully with care or undertakes
partially or wrongly.
4/ Any cadastral surveyor with special permit who does not undertake the work
order he received fully with care or undertake partially or undertake wrongly
shall be accountable pursuant to Article 37 (1) of these Regulations.

37. Petty Offence


1/ Violation of any provision of this Regulation, directives issues pursuant to these
Regulations, legal orders of government bodies passed in accordance with
directives issues hereunder and ethical responsibilities of cadastral surveyors
provided for in other laws shall constitute violation of professional ethics and
make accountable.
2/ Without prejudice to criminal liability provided for under Article 688 of the
Criminal Code for removing, displacing, misplacing, falsifying or obscuring survey
point and boundary marks from their place, the person imputable shall be obliged
to cover the necessary expense to reestablish the removed survey point or
boundary mark into its original position

38. Inapplicable Laws


No regulation, directive and customary practice may, be applicable so far they are
inconsistent with respect to matter covered in this Regulation.

39. Effective Date


These Regulations shall enter into force on the date of their publication in the
Federal Negarit Gazeta.

Done at Addis Ababa, this 20th day of October, 2014.

HAILEMARIAM DESSALEGN

PRIME MINISTER OF THE FEDERAL DEMOCRATIC


REPUBLIC OF ETHIOPIA

13

You might also like