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28 August 2024

Identifying Legal, BIM Data and Visualization Requirements to Form Legal Spaces and Developing a Web-Based 3D Cadastre Prototype: A Case Study of Condominium Building

,
and
1
Geomatics Engineering Department, Hacettepe University, 06800 Ankara, Türkiye
2
Geomatics Engineering Department, Gebze Technical University, 41400 Kocaeli, Türkiye
3
Faculty of Architecture and the Built Environment, Delft University of Technology, 2628 BL Delft, The Netherlands
4
Geomatics Engineering Department, Yildiz Technical University, 34220 Istanbul, Türkiye
This article belongs to the Special Issue Developing 3D Cadastre for Urban Land Use

Abstract

Over the past decade, numerous countries and researchers have been investigating the potential of 3D cadastre based on the Building Information Model (BIM). In Türkiye, the General Directorate of Land Registry and Cadastre (GDLRC) has been engaged in the “Production of 3D City Models and Creation of 3D Cadastral Bases Project” since 2018. One of the objectives is to develop 3D (physical) digital building models (and databases) through the digitization of floor plans of architectural drawings. In order to ensure the long-term viability of this project, a new regulation was issued in 2021. This regulation mandates the submission of 3D digital building models to the land registry in order to register condominiums. The future goals of the GDLRC include utilizing the 3D digital building models produced to create legal spaces in condominium buildings for the 3D cadastre. However, no research has yet been carried out for this goal. The objective of this research is to identify the legal and BIM data requirements for deriving legal spaces in condominium buildings, in light of the legislative analysis, and to develop a web-based 3D cadastre visualization prototype (showing both legal spaces and physical objects) based on the requirements obtained from the scientific literature. The result of this research demonstrates that well-structured and annotated BIM data can be used to develop a 3D cadastre prototype that meets the legal requirements in the case of Türkiye. Moreover, it is evident that, although the GDLRC has initiated the construction of a robust foundation for a 3D cadastre based on BIM, further enhancements and resolutions must be implemented from a legal and technical standpoint. It is postulated that the identified requirements and the proposed methodology in this research may assist decision-makers in Türkiye and globally in formulating their strategic plans for a 3D cadastre.

1. Introduction

Digitization has opened up many opportunities in a number of areas, including land administration as well as cadastre. According to [1], the move to build digital cadastral databases using the available digital technologies started in the 1990s, adding that the conversion of existing analogue registers to a digital format was relatively straightforward, whereas the conversion or creation of the digital cadastral map proved to be a much more complex process. Digitization in land administration is still an ongoing process and its importance is emphasized in global guidelines and frameworks. The New Urban Agenda, for example, indicates that digital platforms and tools, including geospatial information systems, should be used to improve long-term integrated land administration and management [2]. More recently, ‘Digital Transformation and Land Administration’, prepared by the Food and Agriculture Organization of the United Nations (FAO), the United Nations Economic Commission for Europe (UNECE) and the International Federation of Surveyors (FIG), states that land administration systems should accelerate both strategic and operational digitization agendas [3].
Digitization has also affected the Architecture, Engineering and Construction (AEC) industry in various ways, and the explosive growth of digital information can also be linked to it [4]. The Building Information Model (BIM) can be considered one of the most advanced technologies to penetrate the AEC industry. BIM is defined by ISO 29481-1:2016 Building information models—Information delivery manual—Part 1: Methodology and format as “use of a shared digital representation of a built object (including buildings, bridges, roads, process plants, etc.) to facilitate design, construction and operation processes to form a reliable basis for decisions” [5]. BIM has begun to be adopted globally, with several countries making BIM mandatory in practice, and others in the process of doing so [6]. For example, countries in Scandinavia (e.g., Norway, Sweden, Finland and Denmark), Europe (e.g., France, Germany, The Netherlands), the United Kingdom, the United States of America, Australia, Singapore, Russia, China, India and South Korea have started to use BIM for public sector projects [6,7]. The Vision Report published by the United Nations Committee of Experts on Global Geospatial Information Management (UN-GGIM) notes efforts to combine AEC BIM with Geographic Information System (GIS) and other geospatial technologies [8]. The same report indicates that “significant research literature on the topic of data interoperability between AEC and GIS; specifically, between the open 3D data standards of Building Smart’s International Industry Foundation Class (IFC) for the AEC industry, and Open Geospatial Consortium’s CityGML for geospatial”. The BIM data formats, BIM/IFC and OGC’s CityGML, are considered by the UN-GGIM to be largely incompatible, and this assertion can also be found in the 3D cadastre and land administration literature [8].
One of the opportunities offered by digitization is the ability to store, retrieve and visualize three-dimensional (3D) data with unprecedented ease. It is perhaps no coincidence that the vertical dimension of the legal status of property has been explored more than ever since the 1990s. This increase has accelerated cadastral research and the first ‘International Workshop on 3D Cadastres’ was organized in 2001 to open international discussion on 3D cadastres and planned developments in the use of 3D cadastral registrations [9]. As one of the application areas in the geospatial domain, the 3D cadastre has started to investigate whether it is possible to use digital BIM data to provide some solutions to the problems in the two-dimensional (2D) cadastral systems. More specifically, 2D cadastral systems may not provide sufficient representation of legal spaces (i.e., private and common spaces) and efficient management of rights, restrictions and responsibilities (RRRs) in multi-level complex building structures [10,11]. Furthermore, the increasing structural complexity of high-rise buildings is a growing trend and tends to become mainstream in the built environment, it has a significant impact on the registration of RRRs [4,10]. The importance of 3D cadastre is also highlighted by the New America, a civic platform that connects a research institute, technology lab, solutions network, media hub, and public forum to incubate ideas, policies, and solutions for America [12]. This platform indicates that the 3D cadastre “has emerged to more adequately capture the 3-dimensional nature and dynamic characteristics of mixed land use and real property both above and below ground. […] The need for 3D cadastres is growing in importance due to the increasing overlap of property rights in densifying urban environments” [12].
In fact, a number of studies have been carried out to establish 3D cadastral solutions for the creation of legal spaces in condominium buildings1. These studies use different data sources. For example, survey plans, i.e., as-built plans, are used in [14,15], while architectural drawings (plans) are used in [16,17,18]. Quite a number of studies have used OGC’s CityGML to shape legal spaces [19,20,21,22,23,24]. On the other hand, the majority of studies in the literature have explored how BIM/IFC data can be exploited for sourcing legal spaces [10,25,26,27,28,29,30,31,32,33,34,35,36,37,38,39]. It should be noted that some of the studies mentioned here have directly used BIM/IFC data, while some of them have used digital architectural plans to derive legal spaces that are finally exported as BIM/IFC. In the literature, it can be observed that BIM/IFC is the most used data format for forming legal spaces in condominium buildings. Three-dimensional cadastral data should represent both legal spaces and physical objects together [40], thereby improving users’ visual comprehension. On the other hand, Refs. [15,28,31,32,40] introduced web-based 3D geovisualization prototypes designed to represent the legal spaces within condominium buildings. However, none of these works developed a prototype that integrates the representation of both physical objects (e.g., walls, columns and beams, slabs, accessories, etc.) and legal spaces, while maintaining them as distinct entities.
It is expected that more and more countries will legislate for the use of BIM in the near future. One of the reasons for this expectation is that all physical building elements can be modelled, stored and managed hierarchically in BIM/IFC, which makes it easy to exchange building information for different purposes in different BIM platforms [30]. One of the countries trying to digitize land administration systems and move from a 2D cadastre to 3D is Türkiye. A recent digitization project of the General Directorate of Land Registry and Cadastre (in Turkish: Tapu ve Kadastro Genel Müdürlüğü—GDLRC) is the Production of 3D City Models and Creation of 3D Cadastral Bases Project (in Turkish: 3B Şehir Modelleri Üretimi ve 3B Kadastro Altlıklarının Oluşturulması Projesi3DCMCB), the main objective of which is to develop a nationwide web-based application that presents 3D buildings produced using photogrammetric methods with some attributes, and to digitize architectural drawings to produce CityGML-based 3D digital building models that will be used as a basis for 3D cadastre. The 3DCMCB is an ongoing project of the GDLRC, which started in 2018 [41,42,43], and some pilot studies have been completed in some provinces. To ensure the sustainability of the development of 3D digital building models as part of the project, the GDLRC has issued a circular requiring the submission of a building survey project (in Turkish: yapı aplikasyon projesi) together with the 3D digital building model created using the GDLRC’s data schema for the registration of condominium units [44]. This obligation has started to be implemented in some provinces in 2023 and will be gradually extended to more provinces in the following months. On the other hand, the GDLRC has not taken any step to derive legal spaces in condominium buildings from 3D digital building models, although this is one of the future objectives of the GDLRC. As stated by [42], the transition from a 2D representation to a 3D digital cadastre requires not only the replacement of analogue drawings with 3D models, but also a re-examination of the workflow for defining property units, which can be considered as the need to describe the legal spaces in condominium buildings. Furthermore, the GDLRC has not allowed the delivery of 3D digital building models with BIM/IFC for condominium registration, the most commonly used data format for 3D cadastral studies.
This research aims at deriving legal spaces of condominium buildings from BIM/IFC data in a case study and publishing physical objects and legal spaces derived from BIM/IFC data through a web-based 3D geovisualization prototype. In order to achieve this goal, holistic requirements analyses in terms of legal (e.g., what is considered as private space and what is considered as common space, produced through relevant legislation analysis), BIM data (what BIM/IFC data are needed to derive legal spaces), and 3D visualization (what is needed to develop a 3D cadastre visualization prototype, derived from the scientific literature) are first carried out, and based on these findings, a 3D geovisualization prototype is developed to represent both legal spaces and physical objects within a condominium building, with the objective of enhancing user perception.
The remainder of the paper is organized as follows: Section 2 briefly introduces the legislation related to condominiums in Türkiye and the 3DCMCB. Section 3 lists the legal, BIM data and visualization requirements. Section 4 presents the case study which develops a prototype that visualizes both legal spaces and physical objects in a condominium building. A discussion of the current research is provided in Section 5. The final section presents the concluding remarks and future work.

5. Discussion

The connection between 3D models of the physical world and 3D models of legal entities has become much more apparent with advanced 3D capture techniques and the availability of detailed BIMs [69]. BIM data, together with legal information, can be a solid source for deriving legal spaces in condominium buildings. In order to form legal spaces in condominium buildings, physical objects can be used as a source, as the legal spaces and physical objects coincide with each other in the case of condominium buildings in Türkiye. To derive legal spaces from BIM the following steps can be simply taken: (a) obtain BIM data (they should include physical building elements with their true dimensions and annotations for all floors of the building, see Section 3.2) (b) RRRs information is incorporated with the BIM data, using the building layout plan or building survey project (c) boundary surfaces of the legal spaces (e.g., condominium unit space, common space, accessory) are specified and the legal spaces are formed, and (d) condominium units are grouped (zoned) with their accessory parts (if any) and also the common spaces may be grouped (zoned). However, this flow may not be ideal for complex situations.
In recent years industry has started to use BIM in large contraction projects in Türkiye. Moreover, a number of public institutions put BIM into their strategic plans. For instance, “Energy Efficiency 2030 Strategy and II. National Energy Efficiency Action Plan (2024–2030)” published by the Ministry of Energy and Natural Resources indicates that the BIM (BIM/IFC) approach will be taken into consideration in the construction processes of newly designed public buildings [70]. On the other hand, it is not easy to find properly structured and annotated BIM data from today’s construction companies. This is one of the problems faced in this research. Since it was not possible for the authors of this paper to find proper BIM data (and also to be able to create an application that is compatible with the approach that is being used by the GDLRC), the floor plans of architectural drawings are first 3D modelled and annotated considering the requirements identified in Section 3.2.
From the legal point of view, a number of decisions are made in the case study. Since the legal boundaries are not explicitly indicated in the relevant legislation, some inferences need to be made for forming legal spaces. For example, in the Condominium Law, the wall separating the condominium units is determined as common space. Therefore, the inner face of walls is used when specifying the legal boundaries of condominium units. One other issue about the legal boundaries is about balconies and terraces. As it is not possible to make an inference from the legislation for the legal boundaries of balconies and terraces, the following approach is used: (a) the inner face of most exterior wall is used when specifying the legal boundaries of balconies and terrace, and considering the walls of the balconies and terraces as common places (b) The vertical extent of the legal boundaries for balconies and terraces is regarded as equivalent to the height of the legal space of the condominium unit. It can be argued that to avoid this confusion, a regulation should be enacted to clearly define legal space.
In order to define the condominium boundaries, it was necessary to manually group together the space units, rather than overlaying the condominium unit plan with the floor plans. This latter approach would be a more automatic way of grouping, but it was not feasible in this instance. The reason for this lies in the fact that the condominium unit plan depicts each individual condominium unit on each floor, yet it provides only the coordinates of the building footprint in addition to the relative elevation of each floor. Furthermore, the condominium unit plan does not include the balconies. It is also important to note that the footprint of a floor may differ from that of the ground floor. Consequently, superimposing the condominium boundaries with the floor plans of the architectural drawing with the objective of delineating the boundaries of each condominium unit in the condominium building may be an inadequate approach. The availability of an official document that accurately depicts the legal condominium boundaries would facilitate the automation of the formation of legal condominium unit spaces.
The geovisualization prototype illustrates legal spaces grouped by each floor. Therefore, the roof, which is situated on the top of the last floor, is included in the last floor’s common space. Consequently, the visibility of features located beneath the roof is challenging. To enhance this aspect, the appearance of the features is made transparent; however, this results in difficulties in distinguishing between the objects. As a potential solution, the roof itself may be regarded as a legal space that is independent of the levels.
One of the limitations of this research is that the case study is only conducted for one condominium building due to the difficulty in accessing BIM data and architectural drawings. Therefore, the authors could not find a way to implement all the requirements within the case study. For example, the requirement “group main part and accessory part(s) of condominium unit” could not be implemented in the developed prototype because there are no accessory parts identified in the condominium building used in the case study. In addition, the BIM data requirements (see Section 3.2) are identified with regard to the case study. This may also be considered as one of the limitations, as there may be many different cases of condominium buildings that should be considered before moving forward to a, for example, nationwide application.
The 3DCMCB of GDLRC can be evaluated as a big step forward in many respects, but the project should be strengthened and improved in some ways. First, creating 3D city models and publishing them on the Web for the entire country is one of the project’s key objectives, as it allows identifying the entire building stock. The 3D city models make it easy to identify unregistered buildings, as there are a number of unregistered buildings in the land registry of Türkiye. One other big step is the developed national standard for 3D digital building models, namely the GDLRC-CityGML data model. The floor plans of architectural drawings are digitized using the rules defined by GDRLC (see Table 1) in order to produce 3D digital building data compatible with the GDLRC-CityGML model. The generic objects and attributes extension approach of CityGML is used when developing the model. This approach has some drawbacks over the ADE approach. The extension is formally specified in ADE while it is not possible in the generic objects and attributes approach [60]. The namespaces and inheritance are supported by the ADE approach which makes it flexible, easier to understand and direct support for using existing software [71]. While extending an open-source standard to develop a national data model is considered a good approach, there are some issues in the implementation. The fact that surveying engineers who are expected to produce 3D digital building models usually have little knowledge of architectural drawing interpretation, 3D modeling, and the GML format leads them to purchase commercial software that runs scripts developed by commercial companies for this process. Since the GDRLC does not provide software support, this can create an ecosystem that is dependent on commercial software, even though it has created an open-source data model and requires result products in GML format. Another issue is that only one type of data encoding is supported for the 3D digital building model required for condominium registration. Although the data model and encoding of GDRLC are open source, the BIM/IFC model has started to be used throughout the world and there are also some plans to use BIM/IFC in Türkiye, it would be reasonable to enable the submission of BIM/IFC data for 3D digital building model. Moreover, similar to the workflow presented in the case study, BIM/IFC data can be used to derive legal spaces in condominium buildings. Note that it was evaluated that the 3D digital building models produced by the GDLRC largely meet the requirements specified in Section 3.2. This means that 3D digital building models created in the GDRLC project can be consumed to form legal spaces in condominium buildings.
Requiring a 3D digital building model and building survey project for condominium registration is considered a reasonable step toward digitization and effective 3D land administration. However, the lack of architectural drawings for existing buildings causes some problems. The plot projects carried out in Amasya and Gölbaşı have shown that architectural drawings are not available for all buildings and the main reason for this is the unregistered condominiums. Therefore, it can be stated that it is not possible to create 3D digital building models for all existing buildings and this means that a nationwide application is not possible in the current situation. On the other hand, there have been some efforts by GDLRC to obtain or reproduce (e.g., by indoor mapping) the missing architectural drawings. As of July 2024, a 3D digital building model and a building survey project are required for condominium registration in about 25 provinces. It can be stated that it would be beneficial to implement it throughout the country. Another issue is that digitization may cause a decrease in the accuracy of the plans. Lastly, it should be noted that in the strategic plans of GDRLC for 2024–2028 [62] there is no statement about the determination of legal boundaries or the creation of legal spaces in condominiums. In the near future, it would be reasonable to start pilot studies on the implementation of 3D cadastre in the case of condominium buildings on the basis of the information collected in the 3DCMCB.

6. Conclusions

The digitalization of land administration started more than three decades ago, and this process is still going on at an increasing pace. This also increased the amount of research in 3D cadastral studies as some situations that cannot be represented in 2D can be represented in 3D such as RRRs in complex structures. Looking at the development of land administration from a broad perspective, it can be affirmed that digitization will continue until the last cadastral map and the last source data important for the cadastre (e.g., floor plans of architectural drawings) are digitized. The evolution and development of land administration systems vary widely around the world, depending on national legislation and technical and organizational capacity. Regardless of national capacity, however, decision-makers need access to efficient, geospatially accurate, legally binding 3D property information linked to a detailed 3D physical model. For effective and efficient property management, nations are seeking to develop or improve their 3D land administration systems.
In this paper, BIM/IFC data are used as a source to form legal spaces in condominium buildings in Türkiye. The floor plans of architectural drawings are first represented within the BIM environment considering the identified legal and BIM requirements to derive legal spaces (e.g., condominium unit, common space, accessory part) in buildings. Furthermore, a web-based prototype was developed based on the specified visualization requirements, with the goal of concurrently representing physical objects and legal spaces as distinct entities. This approach aims to enhance users’ visual perception and improve the quality of communication. In addition, the current status of the 3D cadastre project carried out by the GDLRC, which has initiated the construction of a robust foundation for a 3D cadastre, is given and some proposals for further enhancements and resolutions of the project are made. The identified needs and the proposed methodology can assist policymakers in Türkiye and globally in formulating their strategic plans for 3D land administration. More specifically, the holistic analyses conducted in this research to determine the legal, BIM data and 3D geovisualization requirements can be used by countries that are evaluating their current data and future plans to pave the way for a 3D cadastre.
There are a number of issues which have not been the subject of in-depth investigation in this paper, and which may be the subject of future research. The organizational capacity for 3D cadastral developments in Türkiye should be studied to determine how to take further steps. The studies on national standards for digital building models should continue to be improved and it should be explored how to benefit from the international standards. Specifically, an ADE can be developed for the 3D digital building models and a BIM/IFC-based national standard can be developed. Finally, the prototype developed in this paper should be tested through usability tests to further improve the visualization of legal spaces in condominium buildings.

Author Contributions

Conceptualization, A.I., A.K. and V.Ç.; methodology, A.I. and A.K.; formal analysis, A.I. and A.K.; investigation, A.I. and A.K.; data curation, A.I.; writing—original draft preparation, A.I., A.K. and V.Ç.; writing—review and editing, A.I., A.K. and V.Ç.; visualization, A.I. and A.K.; project administration, A.I., A.K. and V.Ç. All authors have read and agreed to the published version of the manuscript.

Funding

This research received no external funding.

Data Availability Statement

The original contributions presented in the study are included in the article, further inquiries can be directed to the corresponding author.

Acknowledgments

Thanks to Autodesk and Safe Software for providing academic licenses of Revit (version 2025) and FME (version 2024.1.0), respectively. We would like to express our gratitude to Halil Akdeniz for his helpful contributions regarding the data utilized in this study. The authors are grateful to Sertan Demirdağ for the sharing of his valuable experience in both architecture and construction fields.

Conflicts of Interest

The authors declare no conflicts of interest.

Note

1
According to the OGC’s LandInfra/InfraGML (OGC, 2016), the term ‘condominium building’ is defined as “a Building containing CondominiumUnits and therefore subject to a single CondominiumScheme which may comprise more buildings” and the term ‘condominium unit’ defined as “a concurrent ownership of real property that has been divided into private and common portions” [13].

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