Cadastral municipality refers to the scope of a land cadastre ( land register ). In this meaning it is used both in Austria and partly in the successor states of the Habsburg Monarchy (e.g. in the autonomous provinces of Bolzano - South Tyrol and Trento ).
History of the cadastral community
The word cadastral municipality comes from cadastre , which dates back to the time of Emperor Franz I at the beginning of the 19th century, when the first consistent land survey was carried out with the Franziszeischen cadastre .
Josefin tax communities
But in terms of the matter, the cadastral parishes go back even further, to Josef II. He planned a tax and land register regulation in which taxes should be measured uniformly on the basis of the size and profitability of the entire rural as well as manorial property. Joseph II commissioned the Josephinische Landesaufnahme ( Josephinische Landesaufnahme, ordered on May 13, 1764) to measure and record all reasons as well as to determine their income .
They wanted to create small administrative units that included all settlements, the entire population and the entire land area. First, in the course of a house count, the numbering sections (Konskriptionsgemeinden) were created, which essentially correspond to today's localities . This included the houses, but not the land. To determine the property tax, a new, spatially limited territorial unit was created, the Josefinische Steuergemeinde. It should be based on the numbering sections or conscription communities, i.e. the localities. Where localities were too small to take on the tasks of a tax municipality, several conscription municipalities were merged into one tax municipality, so that the vast majority of tax municipalities comprised at least 40 to 50 houses; many of them were significantly larger. They were primarily drawn topographically within their boundaries and entered in the tax cadastre, the Josephine situation book. In contrast to the formation of conscription communities, however, in Carinthia, for example, the boundaries of jurisdictions were also taken into account when drawing the boundaries of the tax communities. As a result, some places that had been regarded as one place when the numbering sections were formed have now been cut up by the boundaries of the tax communities.
The Josefin tax reform was repealed in 1790.
In Upper Carinthia, which was administered in French, property tax was again measured according to the Josefin cadastre from 1810; and as the basis for the administrative reform there in 1811, the boundaries of the tax community were used: Arrondissements were formed which comprised several tax communities. This institution remained under a different name for a while after the end of French rule: districts consisted of several main communities (arrondissements); these in turn were each made up of several sub-communities (which corresponded to the Josephine tax communities).
Tax municipalities of the stable cadastre (cadastral municipalities)
Franz I ordered in 1806 to work out a "general, uniform and stable land tax cadastre system" for the entire monarchy. In particular, the tax assessment should depend on the area and remain constant ("stable") so as not to punish diligence. With the imperial property tax patent dated December 23, 1817, the new surveying was ordered. Only slowly did the term cadastral municipality prevail over the initially synonymous terms municipality (in use until the municipal reform in the middle of the 19th century) and tax municipality (in use until the 20th century).
Thus the system of the cadastral communities - in the area of the Habsburg monarchy - is several decades older than that of the local communities (political communities), which were only created after the revolution of 1848/49 , when with the abolition of the manorials and the end of the estates constitution, also a redesign of the political administration and the courts was made.
The term cadastral municipality or the corresponding term in the respective national language is still mostly used today in the successor states for such units from the border cadastre .
The term is still used today in the following countries:
- in Austria : cadastral community (KG)
- in Italy ( South Tyrol , Trentino , the former provinces of Trieste , Gorizia and 15 municipalities in the province of Udine , which were under Görz administration until 1923): comune censuario or comune catastale
- in Slovenia : katastrska občina
- in Croatia : katastarska općina
- in Slovakia : katastrálne územie (literally cadastral area)
- in the Czech Republic : katastrální území (literally cadastral area)
- in the Netherlands : kadastrale gemeente
- in Poland : obręb ewidencyjny
In Germany corresponds grundbuch legal sense, the district of cadastral.
Cadastral municipality and land register
In Austria, the cadastral community is now regulated in the Surveying Act (VermG). There it is defined as follows:
Cadastral communities are those parts of the earth's surface that are identified as such in the border cadastre or in the property tax cadastre.
Cadastral communities correspond to the scope of the respective local land register ; a general ledger is created for each cadastral community. This makes the cadastral municipality the smallest subdivision under federal law (apart from electoral districts ). The spatial area (the constituent parts of the land) of the cadastral communities are only a division of property : land register with land , type of use and sections of use ( parcels ).
The designation and the spelling is regulated in § 7 and is the responsibility of the Federal Office for Metrology and Surveying, after hearing the municipality in agreement with the President of the competent higher regional court .
Connection with the political communities
When the cadastral municipalities were introduced, a land register (general ledger) was created for each tax municipality at that time , with border adjustments and territorial mergers in some cases. Manor areas were often grouped together as separate cadastral communities. A (political) municipality can consist of several cadastral municipalities.
The boundaries of the cadastral communities and today's political communities may not overlap by law, so that neither a property nor a cadastral community can fall under the administrative sovereignty of two communities.
Cadastral municipalities can temporarily also be located in different municipalities in the event of territorial changes, as the cadastral municipalities are structured by the Federal Office for Metrology and Surveying (BEV), but the municipalities are carried out independently by the respective state government, the respective state parliament and the necessary administrative procedures. The drawing of the borders or a name of the cadastral municipality is provided for in Section 7 of the Surveying Act. According to this, the BEV can make these changes after hearing the municipality in agreement with the President of the Higher Regional Court .
Cadastral municipality, locality and place
Not to be confused with the cadastral communities are the localities and the locations. Locations were originally a collection of houses that were grouped together by a common conscription numbering (i.e. address areas, also conscription communities ; see numbering section .) The justification of a village - always as a settlement area - can be the basis of a cadastral community, but it is not mandatory: In a cadastral community several localities can be located, or vice versa, or the two systems have no connection. In some federal states, the cadastral subdivisions and localities are still consistent in wide areas; in Lower Austria, for example, the cadastral municipalities are mainly given for the general regional breakdown, in other federal states the localities. In Tyrol and Vorarlberg, matching cadastral communities and localities are usually referred to as a fraction .
Even in the case that there is a locality or cadastral community for a main town, it happens again and again that the names are spelled differently. While the original spelling of the cadastral community, as defined in the land registers, was mostly retained, the place names were often adapted to new spelling rules, for example in place names with the word Weiß such as Weissenbach (cadastral community) and Weißenbach (locality). This adjustment has also been made at Gebmanns in the Göbmanns cadastral community in the Korneuburg district or at Schwaighof in the Schweighof cadastral community in the Hartberg-Fürstenfeld district . Conversely, the KG of the municipality of Oetz is called Ötz . Name extensions of the municipality or the places (distinctive additions) often did not go along with the KG designations, so that there are considerably more cadastral communities with the same name in Austria than places.
On January 1, 2003 there were 7853 cadastral communities in Austria, on January 1, 2004 there were 7846 - but as of January 1, 2008 there were 17,368 localities.
Surveying districts are the districts of the surveying offices. Although the subdivision of surveying is closely related to the territorial subdivision of the judiciary, in the past the surveying districts often coincided with the scope of the political districts . In 1989, 43 of the 68 surveying districts at that time were congruent with the respective political districts. In the last few decades, however , the number of land surveying offices has gradually been reduced to 41.
Cadastral municipality number
The 5-digit cadastral community number (KGNR) clearly identifies a cadastral community. It is awarded by the Federal Office for Metrology and Surveying (BEV).
It is divided into:
- 1st – 2nd Digit: ∗ surveying district
- 3rd position: Judicial district (serial number for the district court, which is responsible as a cadastral court in part of the surveying district)
- 4th to 5th Place: cadastral municipality (serial number according to surveying district)
- ∗ Sometimes the leading "0" is omitted in information
The overview of the cadastral can always be won on any municipal office by inspecting the land register.
The digital cadastral map (DKM) and the property database (GDB) have been created in recent years and are accessible to everyone for a fee. In addition, some of the country GISs (accessible free of charge via the geoland.at portal ) now offer both the view and the search query for aspects of the cadastre.
Czech Republic and Slovakia
The two countries still know the term cadastral parish from the times of the monarchy. They are called in Czech Katastrální území or Slovak in katastrálne územie and have exactly the same function as in Austria, i.e. an administrative structure in the land register.
- Register of cadastral communities BEV → Support → Downloads → Free BEV products → Register of cadastral communities
- Search form for cadastral and political communities in Austria from grundbuchauszug.co.at
- Peter Stix: Property boundaries and land registry
- Data sources:
- Statistics Austria: Local directory ( Statistics Austria → Publications & Services → Regional breakdowns , local directories of the federal states)
- ↑ Martin Wutte: The formation of the communities in Carinthia. in: Carinthia I. Messages from the History Association for Carinthia. 113th year (1923), p. 14.
- ^ Joseph II. , Province of Upper Austria: land-oberoesterreich.gv.at - Our country - regional history .
- ↑ Martin Wutte: The formation of the communities in Carinthia. in: Carinthia I. Messages from the History Association for Carinthia. 113th year (1923), pp. 18-21.
- ↑ Martin Wutte: The formation of the communities in Carinthia. in: Carinthia I. Messages from the History Association for Carinthia. 113th year (1923), pp. 22-23.
- ↑ Susanne Fuhrmann, Federal Office for Metrology and Surveying: The Franziszeische Cadastre. Digital historical geographic base data in the Federal Office for Metrology and Surveying (BEV). The original folder of the Franziszeischen Kataster , Vienna und D., p. 7 ( PDF ( Memento of December 15, 2013 in the Internet Archive ), accessed on December 9, 2013) - with a detailed description of the procedure.
- ↑ Entry on the cadastral community in the Austria Forum (in the AEIOU Austria Lexicon )
- ↑ "A property is that part of a cadastral municipality that is designated as such with its own number in the border cadastre or in the property tax cadastre" (Section 7a. (1) Property Act)
- ↑ § 7 Property Act
- ↑ Abart, Ernst, Twaroch: The border cadastre . Neuer Wissenschaftlicher Verlag, Vienna 2011, ISBN 978-3-7083-0770-1 .
- ↑ cadastral communities. In: HELP.gv.at . Federal Chancellery, April 2, 2010, accessed on August 1, 2010 .
- ↑ cf. Limits of the surveying districts of Austria. In: GIS-Steiermark : data catalog / search result / details: metadata set - details. State of Styria, archived from the original on August 20, 2011 ; Retrieved August 18, 2010 .
- ^ Wilhelm Rausch: Area and name changes of the municipalities of Austria. (= Research on the history of cities and markets in Austria, Volume 2). Linz, 1989. pp. 49f.
- ↑ Land Surveyors . Federal Office for Metrology and Surveying.
- ↑ § 2a (2) Z 5 VermG; § 1 AdrRegV (1) re Z 5; See Statistics Austria (ed.): Handbook Adress-GWR-online . Part C Appendix 2 Catalog of characteristics Version 1, September 1, 2004, address of properties , 8 cadastral municipality number KgNr KATGEMNR, p. 2 , col. Description .