Unreliability of Cadastral Data On Parcel Area and
Unreliability of Cadastral Data On Parcel Area and
39–46
DOI: 10.2478/rgg-2023-0009
Received: 17 September 2023 / Accepted: 23 October 2023
Published online: 29 November 2023
ORIGINAL ARTICLE
Abstract
Appropriate and sustainable management of land is required to the preserve spatial order and the appropriate use of resources. To
make quality decisions in space, as well as to actively manage a resource, it is crucial to be able to use, among others, credible,
up-to-date spatial details, including the cadastral data. The question is, however, whether the data inscribed in the cadastre
correspond to reality. Among others, the problem of considerable differences between recorded, cadastral and geodetic area
(reflecting actual circumstances) of the parcels can be commonly observed, influencing the procedure of real estate appraisal. This
research examines the scale of the problem of unreliability of cadastral data regarding the area of parcels. Based on the example of
a middle-sized city, analyses of the scale of the problem and an investigation of the types of properties most commonly involved
were conducted. Moreover, an analysis of legal acts in force and those already expired, as well as the literature on the subject was
performed to determine the permissible differences in the area between relevant records. The influence of the unreliable cadastral
data on the procedure of appraisal of real estates was also investigated.
Key words: cadastral area, real estate value, differences in area, geodetic area, cadastral data
1 Introduction Busko et al. (2022) state that each country has its individual def-
initions of the cadastre (land and building register) and the register
Appropriate and efficient management of real estate enables the of ownership. Although in Poland the designation of real estate in
sustainable use of resources and preservation of the spatial order. the land and mortgage register is not subject to a presumption of
It requires the availability of data from many different sources in truthfulness, nor is it protected by the warranty of public credibility
order to obtain as complete information about a given property as of land and mortgage registers, it has a significant impact on real
is available. estate transactions. Meanwhile, the Finnish land register is charac-
Busko and Apollo (2023) point out that only reliable, standard- terized by full negative or positive faith and credit, so that a third
ized and up-to-date cadastral data constitute a suitable basis for party can trust the rights inscribed in the register (Krigsholm et al.,
efficient and productive processes of land management including 2017). The authors mention that the cadastre is not considered as
taxation, agricultural subsidies, and land valuation. As emphasised representing the same level of reliability because of defects result-
by Roić et al. (2021), inaccurate records negatively influence the ing from differences in practices of recording easements, rights of
quality of decision-making, while improved spatial records would use and restrictions. According to Bajtala et al. (2017), following the
result in increased consumer trust and confidence. current regulations, also in the Slovak Republic parcel area records
do not constitute legally-binding information.
This work is available in Open Access model and licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.
Publisher: De Gruyter
39
40 | Reports on Geodesy and Geoinformatics, 2023, Vol. 116, pp. 39–46
The problem of reliability of cadastral data on the parcels seems and identification of the characteristics, as well as the determina-
especially important considering that the cadastre is the basis for tion of their importance – which have the greatest impact on the
the designation of real estate in mortgage registers, and it also in- value of a property, together with establishing the purpose of land
forms the process of their valuation. Meanwhile, following Sisman use. Planning decisions regarding the use of undeveloped land also
et al. (2023), real estate valuation constitutes an objective field of influence its market value. This strong dependence and impact
study based on scientific foundations that should consider social of planning decisions on land use, as well as the value of land real
justice. Ostapchuk et al. (2021) point out that there are several fac- estate, are mentioned by, among others, Krajewska et al. (2014) and
tors the value of land resources depends on, related to the market Friedmann (2004). Another important indispensable factor in the
value of properties or the sustainable value defied by Walacik et al. valuation of real estate, regardless of its type, is the quality of the
(2020). The factors include, among others: land allocation, zon- data from the cadastre (Hopfer, 1994), primarily data identifying
ing, land use planning, infrastructure development, relationship the real estate in space, so as to ensure safe real estate trading. The
between demand and supply on the given market, environmen- range of data from the cadastre is wide and one of the types of infor-
tal regulations, the properties of soils, its productivity, the value- mation referred to by the appraiser in the prepared opinion is the
added premium, the surrounding area, inflation, benchmark land description of the surface of the plot. The size of the plot has an in-
prices. Yildiz et al. (2022) highlight that among different parcel formative value and it also constitutes a market feature commonly
attributes, data concerning its area have the greatest impact on taken into account in the valuation process (Kononova and Zatolok-
financial systems. Even though researchers all over the world make ina, 2020; Matko, 2008). As Ritter et al. (2020) notes, the complex
efforts to solve the problem by proposing new algorithms, such as relationship between land price and plot size cannot be captured by
one for theremote measurement of a building’s usable floor area – a simple functional formula, since it is affected by several factors.
Janowski et al. (2021), a noticeable problem of unreliability of data Finally, the plot surface is also a reference unit, which directly af-
– especially considerable differences between cadastral (registered) fects the valuation (area multiplied by unit price, e.g., 1 m2 of land),
and geodetic area (reflecting the actual circumstances) of parcels regardless whether the land is intended for residential, service or
can be commonly observed. As indicated by Yildiz et al. (2022), agricultural purposes. As Gilbertson (2001) notes, regardless of the
court cases from Continental Europe have showed that, in case of level of property market development, the client bears the cost of
differences between the area inscribed in the official registers and the calculations. The uncertainty of the input data puts the result of
the factual (geometric) area, the parties sustaining losses may be the exercise at risk of failure from the very beginning. The degree
entitled to a compensation. The Authors point out that the Republic of the uncertainties varies according to the level of market activity.
of Turkey has been found responsible for financial losses resulting The more active a market, the more credence is given to the input
from errors in the recorded area information. information (French and Gabrielli, 2004). Therefore, it is crucial
The authors claim that reliable cadastral data are the basis for ef- that the data regarding the surface that the appraiser obtains from
fective real estate management, including increasing the certainty the cadastre are correct.
of results in the real estate valuation process. This publication show-
cases the scale of the problem of unreliability of the cadastral data
2.2 Reliability of the cadastral data on the area of parcels
concerning the area of parcels on the basis of examples from the city
of Kielce, Poland. Analyses were aimed at recognizing among which As mentioned above, the source of spatial information regarding
attempt to identify the types of property where the problem is most land in Poland, including its location, boundaries, area, or land use,
common, hence the study includes a breakdown by land use group is the cadastre. The cadastral survey, consisting of digital databases
and their purpose. Moreover, an analysis of the legal acts in force includes information concerning identifiers of cadastral parcels,
and those already expired is made for the purpose of determining numerical description of boundaries, and data on their area. In
the permissible difference in area followed by research conducted addition to the cadastral area, the cadastral register also shows the
to discern the impact of unreliable cadastral data regarding the area areas of the state’s territorial subdivisions as recorded in the state
of parcels on real estate valuation. A comparison was made between register of boundaries and the areas of the country’s territorial sub-
the differences in property values determined for the same prop- divisions, referred to as “geodetic areas”, as well as the differences
erty after taking into account the geodetic and cadastral area of the between the above-mentioned areas. As a rule, the geodetic area, as
parcels. accepted as the correct one, is calculated based on the coordinates of
the parcel’s boundary points (with precision of up to 0.0001 ha). In
Poland the rules concerning both the determination of boundaries
2 Literature review and the area of parcels as well as accuracy requirements are equal
regardless of the land use they represent. The geodetic situational
2.1 Area of a parcel in valuation of real estate measurement of field details of the first group, which covers the
boundary points, determines the position of the detail in relation to
The real estate market plays an important role in economy (Bryx, the points of the horizontal geodetic or survey control, with an ac-
2006). Despite the fact that it is not fully transparent and organized, curacy of not less than 0.10 m. In turn, as highlighted by Hanus et al.
it still enables real estate trading. The unique nature of the real (2020), the quality of data on the area of a parcel is most commonly
estate market stems from the fact that one of the key attributes of a determined by the mean errors of the boundary point position, as
property is the permanence of its location in a specific area on the well as based on the origin of the information about their coordi-
earth’s surface. This feature entails a number of other distinctive nates. The authors point out that the cadastral data could have
characteristics of the real estate market Piasecka (2017). The more been collected in different periods by various methods, so that the
individual features of a property, the lower is the market activity and database can contain data of differentiated quality. Benduch (2016)
the more complex is the process of objectivization of the assessment concludes that the accuracy of analytical determination of the par-
of real estate (Foryś and Gaca, 2020; Kucharska-Stasiak, 2013). cel area is also affected by the geometry of a parcel and the number
According to Kocur-Bera (2016), in Poland, the factors the value of parcel boundary bend points. Doskocz (2011) points out that the
of land resources depends on can be divided: relatively permanent, size of the geometric figure is also important in this regard, and
exogenous (such as transport and retail networks, demographic the decrease in the accuracy of the area calculation is caused by
relationships, urban development, etc.), and anthropogenic, en- the increase in the elongation of the surface object. Furthermore,
dogenous (for example, the size and shape of plots, the use of land, Kocur-Bera (2019) indicates that the existing differences could also
location.). As pointed out by Dąbrowski and Latos (2015), the most be attributed to insufficient updates of the data inscribed in the
important component of land valuation is the appropriate selection cadastre.
Cienciala et al., 2023 | 41
All changes to cadastral data in Poland, including changes to ments placed on the geodetic-legal documentation of the parcel of
the area of a plot, are introduced as an ongoing update or modern- land, the area of which will be updated, have been made much more
ization (periodical update) of the record and are conducted by the complex. There is no possibility to update the area inscribed on the
bodies responsible for its maintenance. According to the current cadastre unless all the boundaries are established. In the current
technical standards (2020), the area of a plot that is different from legislation there is no formula for the permissible difference of area;
the cadastral one can be shown in the surveying documentation however, over the years, the regulations concerning the issue and
only if the analysis of the resource materials and the results of the the relevant recommended calculation formulas have been changed.
measurement showed that the course of all the boundaries of that Table 1 shows examples of the guidelines for calculating the area in
parcel was established in administrative or judicial proceedings or Poland according to the legal acts in force and those already expired.
in accordance with the provisions issued under Article 26 paragraph
2 of the Law (1989). Thus, in the current legislation, the require-
Table 1. The content of the legal acts in force and those already expired on the permissible difference of area
ORDINANCE OF THE MINISTER OF DEVELOPMENT of 18 August 2020 on technical standards for performing geodetic situational and
altitude measurements, as well as the development and transfer of the results of such measurements to the state geodetic and cartographic
resource (provision in force)
§ 41. 1. Showing in the documents, resulting from the surveying work, the area of a registered parcel of land other than that disclosed in the
cadastre may take place if the analysis of the resource materials and the results of the measurement show that the course of all the boundaries
of the parcel has been established in administrative or judicial proceedings or in accordance with the provisions issued pursuant to Article 26
paragraph 2 of the law.
ORDINANCE OF THE MINISTER OF DEVELOPMENT of 9 November 2011 on technical standards for performing geodetic situational and
altitude measurements, as well as the development and transfer of the results of such measurements to the state geodetic and cartographic
resource (regulation not in force)
§ 68. 1. The working database shall disclose the area of the cadastral parcel calculated based on the measurement results if:
1) the measurement of the boundary points of this parcel was performed with greater accuracy than the measurement being the source of
cadastral data obtained from the national geodetic and cartographic resource (PZGiK);
2) there is no evidence in the PZGiK materials indicating that the measurement being the source of cadastral data was preceded by the
determination of the position of the boundary points.
2. If the circumstances referred to in paragraph (1) do not occur, the area of the cadastral parcel calculated on the basis of measurement shall be
disclosed in the working database, if the difference between the area calculated and the area of the cadastral parcel disclosed in the land and
buildings register exceeds the value calculated according to the formula:
sP
n
i=1 d2i–1,i+1
dPmax = mp
8
in which:
REGULATION OF THE MINISTER OF REGIONAL DEVELOPMENT AND CONSTRUCTION of 29 March 2001 on land and building registration
(regulation not in force)
§ 82. 1. When performing a comprehensive modernization of the registry, established before the entry into force of the Ordinance, existing
materials and data of the national geodetic and cartographic resource are used to prepare a numerical description of the boundaries of the
parcels, even if they do not meet the requirements of the applicable technical standards.
4. In the event that the cadastral data, determining the location of the break points of the boundary lines of the parcels, adopted during the
comprehensive modernization of the records, do not meet the requirements of the applicable technical standards, in the modernized records
the area fields of the evidentiary parcels are adopted on the basis of the existing records.
§102. 1. The area of registered parcels in the process of modernization of the cadastre (Pgeod – geodetic area) are compared with the corresponding
registration data (Pew – cadastral area) and the area deviation is calculated according to the formula:
5 Discussion
In real estate appraisal, a valuer may be aware of the unreliability
of cadastral data regarding the land area. However, they may still
accept these data as credible in the calculations of the market value.
The data will also be the basis for the description of the property
in the case of its turnover (sale). A direct reference to data from
the real estate cadastre in Polish conditions follows from the Law
(1997). As Jasińska (2014) notes, due diligence practices may pro-
vide detailed information regarding land to help the buyer avoid
financial risk, which may adversely affect the price of the property
and the terms of the transaction. However, in the vast majority of
cases, such an analysis is not performed for financial reasons. In
parallel, verification of data quality by surveyors is not a common
Figure 4. Purpose of land by analyzed land use groups practice. Instead, they focus solely on the geodetic aspect.
The reasons for the discrepancies are various, and include leg-
islative changes and changes in mandatory technical standards,
Within the group of agricultural land, the difference in regis- technological progress – new opportunities, changes in accuracy
tered and surveyed area was observed for 72% of the analysed plots and methodological requirements, measurement units used, spa-
however, the resulting deviations were surprisingly small (only tial reference systems, measurement instruments. Serious errors
6% exceeded the permissible deviation). For 50% of the plots, the in spatial data are not isolated, which, in the era of development of
difference was in the range of 1 m2 to 5 m2 , and for 14% of the modern measurement technologies and GIS, can be successfully
plots – in the range of 5 m2 to 10 m2 . In contrast, in the group of verified, and cases that require correction – updated on an ongoing
built-up and urbanized land, the differences between the recorded basis.
and surveyed were shown for as many as 84% of the analysed plots, As highlighted by Dawidowicz and Źróbek (2018), in an era
and these differences were already much larger. For 24% of the when information constitutes the primary strategic resource, a
plots, the difference was between 10 m2 and 30 m2 , for 36% of the growing need for comprehensive spatial information can be ob-
plots, i.e., 18% each, between 1 m2 and 5 m2 and 30 m2 and 100 m2 , served, including cadastral data, necessitating ongoing modernisa-
respectively, while for 16% of the plots, the difference was between tion of cadastral systems. Mika (2017) states that the scope of the
5 m2 and 10 m2 . The permissible deviation was exceeded for as objective and subjective data recorded therein should guarantee the
many as 32% of the plots in this category. reliability of such records. Meanwhile, as repeatedly confirmed in
The distribution of the analysed plots according to the purpose the relevant literature in Poland and internationally (Cienciała et al.,
of land determined for the purpose of approximate estimation of 2021; Kocur-Bera, 2020; Noga et al., 2017; Noszczyk and Hernik,
the value of real estate divided into agricultural land and built-up 2019; Przewięźlikowska, 2020; Thompson, 2015), numerous in-
and urbanized land is shown in Figure 4. consistencies can be observed when comparing data on real es-
The analysis showed that among agricultural land, the largest tates recorded in cadastre, considering the relevant current circum-
share of the analysed plots – 30% – were intended for the devel- stances and developments.
opment of recreation (RD), sports and leisure services with accom- There are several reasons of the problem: The parcel bound-
panying greenery. Of these, nearly 87% were characterized by a aries records maintained in the Polish cadastre, being the basis for
difference in the recorded and geodetic area of 1 m2 or more. A determining the area, are characterized by varied accuracy and a
significant share of the land was also intended for single-family large percentage of boundary points do not meet the current re-
residential development (SFRD) (20% of the analysed plots), 60% quirements. The problem is particularly evident among properties
of which showed a difference in analysed plot areas. owned by public entities, including forest properties discussed in
In the category of built-up and urbanized land, the largest num- this paper. Kocur-Bera (2019) states that the archival materials
ber of parcels were designated for high-intensity development with used in the process of building the Polish cadastre were not suffi-
metropolitan services (HID) and for single-family residential de- ciently accurate. Regarding the reasons of discrepancies between
velopment (SFRD) – 24% each, of which, in each group 75% of the the area revealed in the cadastre and the one resulting from the
parcels showed a difference in recorded and geodetic area of 1 m2 cadastral map, Benduch (2016) specifies, among others, deviations
or more. Similarly, in the case of land intended for production and being the result of the methods used in the process of their determi-
warehouse development and technical services (PWDTS) (20% of nation on traditional maps (graphic method, planimetric method,
the analysed plots) and for all-city metropolitan services located etc.), as well as the scale of the maps. Bajtala et al. (2017) notes
outside the downtown zone (ACMS) (12% of the analysed plots), that these could be attributed to frequent changes in technolog-
90% and 83% of them, respectively, showed significant inconsis- ical maintenance of the cadastre. In addition, over the years, in
tencies in the recorded area. the field of boundary surveying, changes in the mandatory techni-
When determining the value of land, real estate appraisers cal standards and accuracy requirements have been observed, as
take as binding areas those shown in the real estate cadastre, i.e., well as technological advancements bringing new opportunities
recorded areas. Thus, the indicated problem of differences in areas and improved achievable precision. As mentioned in Bieda et al.
means that the estimated values of real estate are prone to error due (2014), the inaccuracy of data revealed in the cadastre also resulted
to erroneous initial data. The calculated differences in the value of from rounding up the area of parcels within rural cadastral units
land parcels as products of the value of 1 m2 of land with a given (to 100 m2 ) that was relevant to former provisions. As pointed out
purpose of land and the cadastral area (V1) and geodetic area (V2), by Bielecka (2010), all decisions are often made based on uncertain
respectively, proved to be considerably low. In the analysed research information, but it is crucial that the decision-maker is fully aware
sample, the differences did not exceed 10 per cent. In absolute of this. Meanwhile, in the decision-making process, evaluating the
terms, however, they showed to be quite significant. The highest accuracy and reliability of the data is crucial.
differences were in the case of land intended for high-intensity Assessment of the quality of spatial data in the boundaries
development with all-city services, which is the most expensive records of the parcels was conducted, among others, by Hanus
land. An example of the value differences is provided in Table 2. et al. (2020). The research of two cadastral districts located in the
Małopolska Province, Poland (for 28 773 and 99 082 sections of the
44 | Reports on Geodesy and Geoinformatics, 2023, Vol. 116, pp. 39–46
Table 2. Differences in the value of land parcels for high-intensity development with all-city services
Absolute
Number of Area
cadastral Land Cadastral Geodetic difference Value Value
Plot number V1 [PLN] V2 [PLN] difference [%] difference [PLN]
unit use area [m2 ] area [m2 ] [m2 ]
boundary lines of the parcels, respectively) showed that especially for 6% and 32% of the plots, respectively. The problem of area differ-
in one of them the boundaries failed to meet the requirements and ences was the most significant in land intended for high-intensity
the sources of the data were unreliable. The authors noticed that the development with metropolitan services and for single-family resi-
standardized quality coefficient reached the lowest values within dential development, where 75% of the parcels were characterized
forest and woodlot areas and concluded that it would be impossible by differences in recorded and geodetic area. The problem is signif-
and unreasonable to cover such areas with a guarantee of consis- icant because these are capital-intensive lands, frequently subject
tency between the factual circumstances and the cadastral data. In to real estate transactions. Differences in areas showed differences
turn, Roić et al. (2021) performed an analysis of inconsistencies in values of a few percent at most. In absolute terms, the differ-
indicated by area differences that exceeded tolerances. The investi- ences reached up to several hundred thousand zlotys (a maximum
gation included 610 cadastral parcels from three cadastral munici- of about PLN 500,000).
palities in Croatia. The authors classified the typical origins of the To avoid the difficulties in establishing the actual (geodetic)
inconsistencies, limiting the classification to four sources (by their area and updating frequently outdated, unreliable information, a
origin and source of inconsistency) and successfully resolved them suitable strategy and policy need to be elaborated and implemented,
according to the proposed methodology. Kocur-Bera and Frąszczak including the rules for the calculation of the permissible deviation.
(2021) conducted research of the coherence between data regarding Only reliable and up-to-date cadastral data provide a suitable basis
the area of a parcel and land use recorded in cadastral documents for efficient and productive processes of land management includ-
and arising from the situation in the field. The study covered more ing real estate appraisal.
than 4000 parcels in 14 villages in the Łódzkie Province (Poland).
The coherence index showed that the differences ranged from 30%
to 80%. References
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