The Real Estate Registration Act (Official Gazette of RS, No. 47/06) (hereinafter: ZEN) stipulates the following in Article 116 with regard to the issuing of data against payment:

(1) Data on land properties registered in the Land Cadastre, on buildings and parts of buildings registered in the Building Cadastre and on real estate registered in the Real Estate Register are issued free of charge to the owner of the land property, building, part of a building or real estate property.

(2) For the purpose of re-using the data from the Land Cadastre, the Building Cadastre, the Real Estate Register, the Inventory of the National Boundary and the Register of Spatial Units as defined by law governing access to information of public character, the data are issued against payment in accordance with the provisions of regulations governing information of public character.

(3) Issuing data against payment in accordance with the previous paragraph is an activity particular to the Surveying and Mapping Authority. The Surveying and Mapping Authority may use the revenue from own activities for the administration and updating of databases from which the data are issued against payment, and for the issuing of data.

Access to data is regulated by Article 114 (4) of ZEN:

(4) Access to data on land properties registered in the Land Cadastre, on buildings and parts of buildings registered in the Building Cadastre and on the real estate registered in the Real Estate Register are free of charge.

Article 165 (6) of ZEN stipulates that “with the entry into force of this Act (i.e. 24 November 2006) … and the Decree on the Tariffs for Issuing Geodetic Data (Official Gazette of RS, No. 60/02, 45/04 and 66/05) shall expire.”

Due to the new regime regulated and 117/06 - ZDavP- 2 by ZEN, beginning with 24 November 2006 the provisions of the Access to Public Information Act (Official Gazette of RS, No. 51/06 ) (hereinafter: ZDIJZ-UPB2) and the Decree on Communication and Re-use of Information of Public Character (Official Gazette of RS, No. 76/05 and 119/07 ) (hereinafter: UPPUIJZ) shall be observed when issuing geodetic data.

The methods of issuing geodetic data are:

- access to geodetic data, or

- the use of geodetic data for public or private purpose, or

- the re-use of geodetic data for non-gainful or non-chargeable gainful purpose, or

- the re-use of geodetic data for a gainful purpose.

1. Access to geodetic data

The “PUBLIC ACCESS” link on the prostor.gov.si website allows the users to use the free browser of the Land Cadastre, the Building Cadastre and the Register of Spatial Units data. The real property identifier allows access to attribute and graphic data registered in the Land Cadastre, the Building Cadastre and the Register of Spatial Units. The access is free for all users with Internet access.

2. Use of geodetic data for public or private purpose

The use of geodetic data for public or private purpose constitutes the use of data for their initial purpose in a public assignment for which the data were produced.

The use of geodetic data for public or private purpose is:

a) access to data by public administration bodies. Public administration bodies are:

- state bodies,

- local community bodies,

- public agencies,

- public funds,

- other entities under public law,

- bearers of public authority,

- providers of public services.

b) access to data by the owners of real properties under Article 116 (1) of ZEN

In order to obtain data the Client must complete the form “Order of Digital Data”. In the Order the Client must state the purpose of the use of geodetic data – for access to own data, for implementing the assignments of public administration and local community bodies or for implementing public assignments under public authority – and make a statement either to only use the data for the implementation of public assignments or requesting access to own data.

3. Re-use of geodetic data for ungainful purpose constitutes

The re-use of geodetic data for ungainful purpose is the use of data by natural or legal person for all purposes except for the original purpose within the public assignment for which the data were produced.

The re-use of geodetic data for an ungainful purpose constitutes:

a) ungainful re-use of geodetic data

The Clients requesting data are natural persons - individuals, societies, non-governmental organizations and other legal persons not involved in a gainful activity and which state that they are obtaining data which they will use for own purposes and not for re-selling data or selling products or services in which the data were used.

b) unchargeable re-use of geodetic data – the re-use of data for a gainful purpose with the purpose of spreading information, ensuring freedom of expression, culture and art as well as the use of information by media

The Clients requesting data are natural persons - individuals, societies, non-governmental organizations, students and legal persons which state that they are obtaining data which they will use for professional and scientific purposes or for the implementation of assignments in the educational process.

In order to obtain data the Client must complete the form “Order of Digital Data”. In the Order the Client must state the purpose of the use of geodetic data – for re-use of data for ungainful purpose or for the unchargeable gainful re-use - and make a statement either to only use the data for ungainful purpose or for unchargeable gainful purpose.

4. Re-use of geodetic data for a gainful purpose

The re-use of geodetic data for a gainful purpose is the use of data by natural or legal persons for a chargeable gainful purpose except for the purpose of spreading information, ensuring the freedom of expression, culture and art as well as the use of information by the media.

The Clients requesting data are natural and legal persons who state that they are obtaining data for re-use for a gainful purpose.

In order to obtain the data the Client must complete the form "ORDER OF DIGITAL DATA" and in the order state the purpose of the use of geodetic data - for re-use of data for a gainful purpose.