Amending And Supplementing The Law On Real Estate Cadastre No. 1543-Xiii Of 25 February 1998

Original Language Title: pentru modificarea şi completarea Legii cadastrului bunurilor imobile nr. 1543-XIII din 25 februarie 1998

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5966889/pentru-modificarea-i-completarea-legii-cadastrului-bunurilor-imobile-nr.-1543-xiii-din-25-februarie-1998.html

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Parliament adopts this organic law.
Art. I. - Real Estate Cadastre Law no. 1543-XIII of 25 February 1998 (Official Gazette of the Republic of Moldova, 1998, no. 44-46, art. 318), as amended, is amended and supplemented as follows:
1. Article 2 is completed at the end with a new definition as follows:
"electronic archive - structured repository of documents stored in electronic format without changing the content of documents, file cadastral register of real estate, other cadastral documents, ensures the integrity , invariability and data security. "
2. Article 6:
is completed with paragraph (11) as follows:
"(11) The data on state identification number (IDNO), date of birth and address of the individual, as well as the amount of the obligation secured by a mortgage be issued to holders of rights registered in Chapter A, B or C of the register of real estate, their representatives and notaries, lawyers, financial institutions, real estate companies providing services or performing cadastral surveys, persons and authorities specified in art. 6 para. (23) lit. b) -i) and art. 8 paragraph. (3) of this Act, other people justifying the purpose of processing personal data in accordance with Law no. 133 of 8 July 2011 on the protection of personal data. "
(2) reads as follows:
" (2) Data on conditions of the transaction and copies of supporting documents served as the basis for registration of rights the real estate shall be issued only rights holders indicate the act or participants in the transaction, their representatives and courts, prosecution, prosecution bodies, the Intelligence and Security, bailiffs, liquidators and administrators insolvency bodies with control, which are obliged to justify the purpose of processing personal data in accordance with Law no. 133 of 8 July 2011 on the protection of personal data. If the voucher is an electronic document signed with advanced electronic signature qualified (hereinafter - the electronic document), the request is issued a copy on paper to electronic documents that authenticate registrar and specify that it is a copy of the electronic document . "
paragraph (23):
in point b), after the words" of the prosecution, "the words" Intelligence and Security ";
Letter e), the word "manager" is replaced by "liquidator, administrator ';
Paragraph is filled with letters j) and k) as follows:
"j) Ministry of Labour, Social Protection and Family;
K) Moldovan MPs to ensure their business through the Secretariat of the Parliament, according to a regulation approved by the Standing Bureau of the Parliament. "
Paragraph (24) shall read as follows:
" (24) systematic information about real estate on which a person is issued owns proprietary authorities and persons indicated in para. (23) lit. b) -k) in paper form or electronic document through access to the central data bank of Real Estate Cadastre. The authorities and persons specified in par. (23) lit. b) -k) are obliged to justify the purpose of processing personal data in accordance with Law no. 133 of 8 July 2011 on the protection of personal data. Persons indicated in para. (23) lit. a) information shall be released on paper or as electronic document. The deadline for release of information about property belonging to a person, on paper or as electronic document shall not exceed 15 working days. "
March. Article 8 (3), after the words "and bodies subordinate," the words "for Members of the Moldovan Parliament, Court of Auditors, Information Security and National Centre for the Protection of Personal Data," and in the final paragraph is supplemented by the text: "If MPs interpellations, the cadastral information is provided free of charge."
4. Article 11:
(2) shall be supplemented with the letter d1) as follows:
"d1) inspection on compliance by registrars in work, the legislation in force;"

In paragraph (5) the words "cadastral office" shall be substituted with the words "Enterprise Specialized in Cadastre, including its subsidiaries."
May. Article 12:
in paragraph (3), letter b) reads as follows:
"b) is a law degree or higher education in the specialty cadastre and the land management and for one year to fulfill the position of registrar trainee or exercised for three years in the cadastral office, a function corresponding specialty cadastre and territorial organization; "
letter e) shall be repealed;
(5) reads as follows:
"(5) The Registrar is subject to attestation at least once every 3 years. Following certification, the registrar shall be given one of the following qualifiers: "very good", "good", "satisfactory" and "unsatisfactory". Performance appraisal certification process are taken into account seniority, theoretical knowledge, the results of the registrar. Depending on the grade obtained after certification, the registrar is given grade one, two or three qualifications (qualification grades are indicated in descending order). If the qualifier "unsatisfactory," the registrar is fired for professional inadequacy. Rules regarding the certification registrars approved by the Agency. "
To (6), after the word" Agency "the words" of the Company Specialized in Cadastre ";
In paragraph (7)
a) is in the end the words "and receives application for registration of rights where deemed unfounded decision rejecting a request issued by the registrar of the cadastral office";
Paragraph is completed with the letter b1) as follows:
"b1) issue extracts from the register of real estate on registrations;"
article is supplemented by paragraphs (81) and (82) as follows :
"(81) the activity cadastral office is led by a chief registrar employed by competition, which, in addition to the duties specified in par. (8) has the responsibilities of administration.
(82) In deciding registrar is guided by legislation. To correct and uniform application of the law to the examination, the registrar takes into account the methodological recommendations of the Specialized Enterprise Agency and Cadastre. "
June. Article 15 (1), the words "territorial cadastral" and "territorial cadastral offices" are replaced respectively by 'undertakings in the Cadastre and its subsidiaries "and" Enterprise Specialized in Cadastre and its subsidiaries ".
July. Article 20:
(5) reads as follows:
"(5) cadastral file is kept permanently. The courts, by concluding, prosecution and the prosecution, by ordinance, provide for raising the cadastral file original only in connection with criminal, civil or administrative, to an expert or to be investigated in court. In these cases, the cadastral office archive is kept cadastral file copy, certified by the authorized person. "
Article is filled with (6) - (8) as follows:
" (6) file electronic cadastral It contains electronic documents or scanned copies of documents required for registration or other cadastral documents whose authenticity is confirmed by the advanced electronic signature qualified (hereinafter - the electronic signature) by the registrar or other person entrusted with power to perfect and net cadastral documents in the file.
(7) An original copy of the written contract under which the recording is kept, necessarily, the cadastral office archive.
(8) The method of keeping the cadastral file is established and approved by the Agency. "
August. Article 22:
(4) in the end the words: "The original document is kept in the cadastral file if it is missing in the archives, issued at the request of the notary to authenticate the legal document or to issue the certificate of inheritance in cadastral records leaning registrar certified copy of the document. "
(5) reads as follows:
" (5) real Estate Register is kept in electronic form entries were confirmed by electronic signature. "

Article is supplemented by paragraphs (51) and (52) as follows:
"(51) The entries in the electronic register of immovable property, confirmed by electronic signature of the registrar, are equivalent after their probative value with written evidence or material means of evidence.
(52) during the real estate register was kept manually on paper files and computer on electronic files, where data in the register kept manually and computer do not match, data register kept by hand shall be deemed authentic. "
September. Article 24:
(1):
letters b) and e) shall read as follows:
"b) destination real estate;"
"e) surface, the total area and / or the pedestal of the construction area, floor area isolated "
article is completed with paragraph (11) as follows:
" (11) in section I shall also indicate:
a) land - how usage;
B) construction - their readiness if they are not completed, number of floors, the energy class, where applicable;
C) for isolated premises - building energy class, where appropriate, share in the common property of the condominium, it has been established. "
(2):
in point a) after the words "state registration certificate" the words "or a decision on registration, as appropriate";
Letter e) is in the end the words "if carried out provisional registration".
10. Article 26:
in paragraph (6) g), the words "on all copies of documents" is replaced by "on all copies of the documents on paper";
Article is completed with paragraph (61) as follows:
"(61) In the case of electronic cadastral file, application and attached documents are returned to the applicant, except as provided in Art. 20 para. (7). In electronic cadastral records include scanned copies of documents whose authenticity was confirmed by electronic signature applied by the registrar. "
11. Article 28:
(1) shall be supplemented with the letter e1) as follows:
"e1) the minutes of the auction, lifting of real estate documents and certificates awarded full acquittal issued by the liquidator, or acts to lift the real estate neadjudecate auction and certificates of full payment issued by the liquidator or acts of separating real estate from the debtor mass, prepared by the insolvency administrator / liquidator and documents confirming the right real or staff person who requested separation of the mass real estate debt; "
article is completed with paragraph (4) as follows:
" (4) Changing the address of the real estate data can be performed without the right holder's request, according to entries the State Registry of administrative-territorial units and streets of cities in Moldova, with its notification. "
12. Article 29:
(2) in the end the words: "If cadastral file electronically notarized legal acts and acts of public authorities shall be filed in a single original or certified copy."
Article shall be supplemented by paragraphs (22) and (32) as follows:
"(22) documents confirming rights may be presented for registration as electronic documents."
"(32) If that judgment served as the basis for registration of the title was quashed by sending back to the cause until the retrial because, at the request of the person concerned, making entries according to the previous situation will be made only if the court ordered the return of execution. "
13. Article 30:
(1) shall be repealed;
(3) and (5) shall read as follows:
"(3) The request shall indicate the number and address of real estate cadastre, the identity of the applicant or, where appropriate, of the representative act under which operates the service required, address for correspondence, also lists the documents attached to the application. "
" (5) If the cadastral records on paper keep a copy of the completed application folder are files the cadastral and the second copy of the application is returned to the applicant. If cadastral file electronic application for registration shall be returned to the applicant, the cadastral records included a scanned copy, authenticated by the electronic signature applied by the registrar. "

Article is completed with paragraph (51) as follows:
"(51) Rules for submission via postal communication of the application and documents required for registration rights are established and approved by the Agency."
14 . Article 31:
(1) shall be supplemented with the letter f1) as follows:
"f1) data from the documents do not match cadastre, unless the inconsistency is caused by a technical error cadastral office; "
in paragraph (2), the words" on their request, the request will be recorded grounds for refusal. "is replaced with the text:" the registrar shall document the grounds for refusal, the applicant becomes aware. "
in paragraph (3), after the words "specified in para. (1) may be challenged "the words" or in court. "
15. Article 32:
(2) in the end the words: "If, while law on real estate registration is requested and execution of work necessary cadastral registration period for processing the application for registration starts run the following day deadline for execution of cadastral works. "
article is completed with paragraph (31) as follows:
" (31) If, during the examination of the application, the registrar has difficulties the correct application of the law, it may request an advisory opinion from the undertakings in the Cadastre. In this case, the term for considering the application shall be extended by no more than 40 days. "
16. Article 33:
(1) shall be supplemented with the letter b1) as follows:
"b1) missing documents for registration;"
in paragraph (3) the words' refusal to register rights are to inform the applicant in writing. "is replaced with the text:" a refusal to register is to be communicated to the applicant in writing and a copy of the decision is in the files the cadastral records. If cadastral file electronically, the decision is issued in one copy on paper, which is issued to the applicant, and one form of electronic document in which files the electronic cadastral records. "
17. Article 331 (2) reads as follows:
"(2) decision to suspend the registration law shall inform the applicant in writing immediately after the examination of the application and may be challenged in court. A copy of the decision suspending it files the registration rights in cadastral records. If cadastral file electronically, the decision is issued in one copy on paper, which is issued to the applicant, and one form of electronic document in which files the cadastral records. "
18. Article 34 is supplemented by paragraphs (4) and (5) as follows:
"(4) Scoring on the application / cancellation insurance measures in the enforcement process is carried out by bailiffs through real time access the real estate register. Entries in real estate, and supporting documents are sent cadastral office authenticated by the electronic signature affixed by the bailiff. The methods of making entries by bailiffs are approved by the Agency. Access to real time in the real estate registry is granted bailiffs by the undertakings in the Cadastre under the agreement concluded for this purpose.
(5) Scoring on the seizure, other measures to ensure the real estate included in the debtor's debtor mass, which, according to insolvency law no. 149 of 29 June 2012, annulled as at the time of initiating the insolvency proceedings is excluded from the Real Estate Register at the request of the insolvency administrator / liquidator, under court order on the institution of insolvency proceedings. If quashing the decision on initiation of insolvency proceedings, noting the real estate registry assurance measures are carried out at the request of the person concerned, with the presentation of supporting documents. "
19. Article 36:
(1) is in the end the words "or certificate of entries in the register of real estate";
In paragraph (3), the words "the cadastre and" exclusive, and after the word "plan" the words "cadastral"
(4) reads as follows:

"(4) Certificate on enrollments in the real estate registry is issued, for information, within 3 working days, the individual who identified himself and filed a written request or legal person who notified the official cadastral office . "
in paragraph (5), after the word" issued "the words" within 3 working days, people have the right to dispose of real estate or their representatives ";
Article is completed with paragraph (51) as follows:
"(51) At the request of the applicant, excerpt from real estate register and certificate of entries in the register of real estate are issued in the form of electronic document." || | to (6), the words "the Agency, and the Agency's decision, the court" shall be substituted with the words "the enterprise specializes in Cadastre and its decision - the court".
20. Article 40:
the title and the text, the words "common property" shall be substituted with the words "Shares in joint property";
Article is completed with paragraph (3) as follows:
"(3) Where the immovable property Shares in joint property was reconstructed or undergo destruction (demolition) partial to carry out registration in real estate, in addition to documents confirming rebuilding or partial destruction of the property, the contract is presented co-owners concerning shares recalculation or termination of the contract on joint ownership quota-parties as appropriate. "
21. Article 41 (1), the words "State Register of Enterprises and Organizations" is replaced with the words "State Register of Legal Entities".
22. Law is supplemented with Article 411 as follows:
"Article 411. Registration of property rights in
under contracts of sale and purchase
farmland made in writing
(1) Contracts for the sale of agricultural land, prepared in accordance with Art. 3 paragraphs. (5) of Law no. 1308-XIII of 25 July 1997 on the normative price and sale and purchase of land in writing, may be submitted for registration only if, prior to the real estate register was registered ownership of the person transferring the property.
(2) To register contracts under par. (1) persons who have signed the contract appear in person before the registrar and submit the registration. The signatories must confirm in writing, by affidavit, that the contract was signed by them that the person / persons who alienates real estate are the sole owners thereof, that the parties have legal capacity or the necessary legal contract is signed.
(3) is accepted for registration only contracts drawn up as a single document. If the contract is displayed on multiple tabs, each of which is signed by the parties, and the tabs are then stitched, numbered and sealed with the seal of the registrar. Liability for false or incomplete information bears person that communicated the information.
(4) A person who sells the land annexed to the application documents confirming the ownership of agricultural land and territorial tax body certificate on the absence or existence of arrears to the budget relating to those goods.
(5) The registrar shall verify the compliance documents submitted with this law. "
23. Article 42 (2) reads as follows:
"(2) If immovable public property were sent to be demolished, their rights are not subject to registration in real estate."
24 . Article 43:
title of the article reads as follows:
"Article 43. Registration of rights of use,
renting / leasing ";
In paragraph (1), the words "lease" is replaced by "renting / leasing" and finally completed with the text: "In case of extension or modification of the period of use, lease / rent, the cadastral office presents the voucher in this regard. "
(2) and (3) shall read as follows:

"(2) When transmitting in use, renting / leasing of part of immovable property, the contract submitted with the application for registration shall be attached to the ground plane and / or plan storey building or part of it that is transmitted in use, is rent / lease (subarendează). Application to register the right to use, lease / lease (sublease) must be signed by both parties of the contract.
(3) Inclusion on use, lease / lease shall be canceled at the request of either party:
a) at the expiry indicated in enrollment;
B) the condition specified in the contract;
C) in the case of termination;
D) the court decision;
E) as otherwise required by law. "
25. In Article 461, paragraph (1) shall be in the end the words "or under the copy of the petition of appeal or the appeal or request for revision of judgment, that fact is recorded in the court filing."
26. Article 47:
to (1) the word "material" is excluded, and the word "administrative" is replaced with the word "contravention";
In paragraphs (4) and (5) the word "administrative" is replaced with the word "contravention".
27. Article 471 is completed with paragraph (11) as follows:
"(11) for the damage caused due to incorrect entries made through real time access to real estate registry bailiffs who conducted these registrations liable Relationship. "
28. Law is supplemented with Article 561 as follows:
"Article 561. The provisional registration of the right

property (1) In those areas where there has been massive primary registration for plotting land private property and individual residential houses with household annexes, selective primary purpose of registration is sufficient to submit the scheme to place the real estate, drawn up as required and approved by the agency. Primary registration in the real estate registry of ownership of the goods listed under documents confirming the rights shall be made provisionally.
(2) Para. (1) applies for registration of immovable property rights mentioned in par. (1) under the Certificate of Succession.
(3) To carry out legal acts of alienation of immovable property referred to in para. (1) drawn geometric plan is required under the law.
(4) Based on geometric plan of the territory, developed in the primary registration massive or geometric plan of the real estate, prepared at the request of the right holder in the real estate register will consist of immovable property referred to in paragraph surfaces. (1), and registration will become provisional registration. "
Art. II. - This law comes into force on its publication, with the exception of Art. I referring to art. 6 para. (11) and (24), Art. 20 para. (6) and (7), art. 22 para. (5) and (51), Art. 24 para. (1) and (11), Art. 26 para. (6) letter g) and para. (61) Art. 29 para. (2) and (22), Art. 30 para. (5) Art. 33 para. (3), Art. 331 par. (2) and art. 36 para. (51) of the Real Estate Cadastre Law no. 1543-XIII of 25 February 1998, which will enter into force when implementing automated information system of electronic archive and electronically register immovable property, according to the order Cadastre and Land Agency, but not later than 1 January 2020.
Art. III. - Within 3 months from the date of publication of this law the government:
- will submit proposals on bringing existing legislation into conformity with this law;
- Bring its legislation in conformity with this law.