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Law No. 4 Of 28 March 1973 Concerning The Development Of Housing Building, Selling Housing From The State By The Population And Building Homes Personalty

Original Language Title:  LEGE nr. 4 din 28 martie 1973 privind dezvoltarea construcţiei de locuinţe, vînzarea de locuinţe din fondul de stat către populaţie şi construirea de case de odihnă proprietate personală

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LEGE No. 4 of March 31, 1973 *** on the development of housing construction and the sale of housing from the state fund to the population
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN NO. 121 of 31 December 1980



Note * *) Law no. 4 was published in the Official Bulletin no. 46 of March 31, 1973, republished, giving to the chapters and articles of the new numbering, in the Official Bulletin no. 121 121 of 31 December 1980, according to art. 3 3 of Law no. 5 5 of 17 October 1980 published in the Official Bulletin no. 90 90 of 22 October 1980 The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 The high pace development of the national economy, the modernization of cities and workers ' centers, the increase in the number of workers and specialists, the continuous increase of retribution and the other incomes of working people, make the development necessary housing construction and improving their degree of comfort-essential condition for raising the welfare of all the people. In order to satisfy the growing housing requirements, the pace of new housing will be intensified and measures will be taken to improve the comfort, in line with the pace of the development of the national economy and according to the provisions the single national economic and social development plan. + Article 2 The construction of housing is realized from: -centralized investment funds of the state, for dwellings constituting state property; -the funds of enterprises, for the state property dwellings given in their direct administration; -the funds of the cooperative organizations and other public organizations of economic and social character, for their property; -incomes of the population, including with credits granted by the state, for housing constituting the personal property of citizens. The houses built from the centralized investment funds of the state are managed by enterprises subordinated to popular councils or other state enterprises. + Article 3 The harmonious development of cities, workers ' centers and other localities requires the construction of new homes in accordance with the provisions of sketches and systematization plans, with strict observance of the construction regime, in what concerns the number of levels, density of buildings and their architectural line. + Article 4 Land located in the perimeters of cities is subject to systematization, regardless of the nature of the property. The holders of these lands can only build with the approval of the executive committees or offices of the popular councils and with the classification in the systematization and architecture norms State property lands can be assigned by the committees or executive offices of the popular councils in order to build housing, in use of socialist organizations or individuals, according to the provisions of the systematization, with payment of tax established by legal provisions. The right of use of the assigned land is granted only during the existence of that construction. + Article 5 Citizens have the right to have a single home in their personal property, for them and their families. Members of a family can keep, in common property or in the property of one of them, a single dwelling. The provisions of the previous paragraph on family members refer only to the spouse, wife and minor children. + Article 6 Building or buying homes by citizens for the purpose of reselling or renting is prohibited. + Article 7 Citizens can be constituted in cooperation associations for the construction of personal property housing. Based on the contribution of the members of the association and credits granted by the state, the cooperation associations will build personal property housing in multi-level buildings. Associations can also build in directing. Associations of cooperation for the construction of personal property homes bring down legal personality, according to the legal provisions, from the date of their constitution. The organization and functioning of cooperation associations shall be established by statute, approved by the decision of the Council of Ministers. + Article 8 By dwelling, for the purposes of this law, it is understood the dwelling area comprising one or more living rooms, with the related dependencies, forming a dwelling unit in its own right, determined as such by its construction. + Chapter 2 Building personal property housing with state support + Article 9 Citizens, regardless of monthly income, have the right to build or buy, under the conditions of this law, a personal property home. In municipalities and cities citizens can build personal property housing, in compliance with the rules of systematization, architecture and height regime, according to approved systematization sketches, as well as legal provisions in force on the normation and use of personal property housing. Also, housing constructions in communes and villages must fall within the rules of systematization, height regime and buildable perimeter, established by systematization sketches, ensuring the use of land under conditions. provided by law. + Article 10 The state supports the construction of personal property housing by providing long-term loans, assignment of land in use for construction, provision of materials as well as through design and execution. + Article 11 Citizens can build a personal home for themselves and their families, with their own means or with their own means and credits from the state, in the localities where they reside or where they have the right to establish their domicile, in the law. + Article 12 The state will continue to build annually housing for the development of the state property housing stock, which will be rented, according to the law, primarily to people with low-income employment contract, newly assigned youth in production, newlyweds, as well as persons with employment contract transferred for work. + Article 13 Persons with employment contract and pensioners who do not have personal property will benefit from the right to rent their homes from the state fund, with the payment of legal rent, having priority, under the conditions provided by law, persons with employment contract and pensioners who have an average monthly income on each family member of less than 1,500 lei. They also benefit from the right to be rented housing from the state housing stock, with the payment of the rent provided by law, officers, sub-officers and military maisters of the Ministry of National Defence and those of the Ministry of Internal. The state particularly supports people with employment contracts and pensioners, who do not have personal property, to build or buy their home. For low-income people, advantageous conditions are provided for the construction or purchase of homes, in terms of granting loans, interest and the duration of repayment of loans, priority when contracting, if they have difficult living conditions. + Article 14 All citizens who currently own a state-owned home will continue to retain the right to own this home, with the payment of legal rent, not being able to be evicted except under the conditions provided by law. + Article 15 The construction of personal property and the sale of dwellings from the state housing stock will be staggered according to the provisions of the single national plan for economic and social development. + Article 16 The granting of loans for the construction of personal property housing is done in the following priority order: -skilled workers, first of all those in the major industrial units; -persons with employment contract transferred in the interest of the service from other localities; -the specialized staff working in the material production, in the activity of design, scientific research and education; -graduates assigned to production, coming from other localities; -newlyweds -persons with employment contract classified on the basis of competition, coming from other localities; -to the other persons with employment contract and pensioners. Within each category, preference is given to those who have difficult living conditions, especially families with several children, people with employment contract and pensioners who have submitted a higher advance and have a higher seniority at the House. of Economies and Consemnations. + Article 17 Citizens whose homes are demolished for new constructions or systematizations will receive rent a home from the state housing fund, for them and their families, until they build or buy a home. The amount collected for the demolished home will be the advance for the new home they build or buy. + Article 18 Citizens who move permanently from one locality to another, for work or family, and have a personal property home can sell it and have the right to build a new home in the locality where they are established. For this purpose, they may receive, under the law, the necessary land and, if the amount collected from the sale of the old dwelling does not cover the cost of the new housing, they can receive a completion credit without exceeding the credit ceilings provided in art. 23. + Article 19 The state supports through credits and execution the construction of personal property that falls, in terms of the surface, the endowment and finishes in the norms approved by the State Council. + Article 20 The granting of loans for the construction of personal property dwellings will be made on the proposal of labour collectives in which applicants operate, approved by the councils of working people together with the union bodies, taking into account the contribution of applicants in production, the need to ensure their stability in the establishment and their living conditions, in the order of priority established in art. 16. The executive committees of the county folk councils and the city of Bucharest will annually establish the number of homes whose construction can be contracted with the working staff of each socialist unit. + Article 21 Citizens who own a home built with the support of the state in credits and execution and who became too small or too large, taking into account the number of family members, can build a new home with the support of the state in credits and execution, provided that they alienate the home they own. The price obtained from the sale of the old housing will be, in these cases, an advance for the construction of the new home, and the deadline for the return of the credit obtained for the purpose of covering the rest of the price will be reduced by half compared Law. + Article 22 The minimum advance and the maximum duration of repayment of the loan shall be determined according to the monthly fee retribution, respectively the monthly pension, at the date of conclusion of the contract, as follows: CategoryPayment fee or monthly pension The minimum advance on the price of devisMaximum loan repayment duration Ipina to 1,500 lei20% 25 years II1.501-2.000 lei25% 20 years IIIover 2.000 lei30% 15 years + Article 23 Loans for housing of the type provided in art. 19 19 may not exceed: 41.500 lei for housing with a room; 64,000 lei for housing with 2 rooms; 81,000 lei for 3-room dwellings; 91,500 lei for 4-room dwellings; 105,000 lei for the 5-room home. The credit ceilings provided above for dwellings that are built in areas with grade 8 seismic increase by 3%, and for those in areas with grade 9 seismic, by 10%. + Article 24 The cost of the household garages and annexes shall be distinguished separately in the deviz and shall be paid in full by the beneficiary at the time In the case of sale of dwellings from the state fund, the value of household annexes-sheds, cellars, patulas, falcons and other constructions, except garages, is included in the sale price of housing, to which the credit to be calculated is calculated. granted, within the ceilings provided by law. + Article 25 Persons with employment contract and pensioners domiciled in municipalities, cities and their component localities, who build their personal property in directing, can obtain credits for this purpose, in the amount of no more than 35,000 lei, redeemable over a period of 20 years. The credits shall be granted provided that the beneficiary proves that he has material possibilities for the construction. People with employment contract in rural areas, especially teachers, doctors, specialists in resorts for agricultural mechanization, state agricultural enterprises and agricultural production cooperatives, who do not have a home Their own in the commune where they have their job, can benefit from a loan of up to 35,000 lei, for 20 years, to build their personal property in that commune, in directing. People with employment contracts who have their jobs in large cities and reside in the localities around them will be supported to build their personal property in the locality where they reside, if they do not have a job. Own home For this purpose, they can benefit from a loan of up to 35,000 lei, for 20 years. The provisions set out in the preceding paragraphs shall also apply to the completion of housing construction + Article 26 The priority to the granting of credits shall be determined, according to the criteria 16, by commissions constituted by the executive committees or offices of the popular councils. The committees will establish the list of applicants in the order of priority and display at the headquarters of organizations that conclude contracts for the construction of housing with citizens Those interested may make appeals against the established priority order, within 15 days of the list being displayed, at the respective popular council's executive office or office, which will settle them within a maximum of 30 days of registration. + Article 27 The state grants credits within the limits provided in art. 22 and 23 persons with employment contract and pensioners who have concluded contracts for the construction of personal property housing, for the difference between the deviz price provided in the contract and the advance submitted by the beneficiary. In order to obtain the credit, at the conclusion of contracts for the construction of personal property housing with state organizations or with cooperative organizations, the beneficiary must have submitted to the House of Savings and Consemnations, for the purpose of building of housing, a sum of money representing at least the advance of the price stipulated in the contract. + Article 28 For loans granted under the terms of this law, other than those provided in art. 32, an annual interest rate will be charged, differentiated according to the tariff retribution, the pension or the average gross monthly income and the size of the credit, as follows: CategoryPayment fee, pension or average gross income montharDobanda Ipina to 1,500 lei3% II1.501-2.000 lei4% IIIover 2.000 lei5% For the amount of credit exceeding 50,000 lei, the interest will be 6% per year, regardless of tariff retribution, pension or average gross monthly income. + Article 29 The House of Savings and Consemnations is authorized to grant loans for the construction or purchase of housing, under the conditions set by the Council of Ministers. + Article 30 The loan will be guaranteed by setting up a mortgage on the home provided under the conditions of this law. The enrolment of the mortgage will be ordered based on the finding of the loan contract, at the request of the House of Savings and Consemnations. Until the full repayment of the loan, the dwelling provided under the present law cannot be alienated, demolished or restructured, except with the prior authorization of the House of Savings and Consemnations. + Article 31 The House of Savings and Consemnations will release the credit gradually as the construction works. If the beneficiary of the loan will use for other purposes the amounts received, the House of Savings and Consemnations will withdraw the credit granted and pursue the recovery of the amounts released, with an annual interest of 12% calculated on the entire amount released of this. + Article 32 It is authorized the House of Savings and Consemnations to grant loans for the constitution of the advance, as well as to complete the amount necessary to cover the full cost in order to contract a personal property. Loans for the establishment of the advance shall be granted for a maximum of 5 years, and for the completion of the amount necessary to cover the full cost of the home, for a maximum of For these credits, an 8% interest rate is charged per year. + Article 33 In the case of the sale of dwellings from the state housing stock the interest for the advance will be 6%, and the refund of these credits will be made according to the tariff retribution or the monthly pension as follows: Categories Payment fee or monthly pension Maximum repayment duration of the loan for advance Ipina to 1,500 lei10 years II1.501-2.000 lei8 years IIIover 2.000 lei5 years The 1% share calculated on the balance of advance loans granted for the purchase of personal property housing, representing the expenses of the House of Savings and Consemnations on the granting, tracking and record keeping of credits, including for the assignment of the necessary personnel for this purpose, it will be borne from the interest of 6% collected from the population. + Article 34 In case of non-return to the set deadlines, the House of Savings and Consemnations will charge a 12% per year interest on the outstanding rates for loans granted. In case of non-payment at the maturity of six installments or the consideration of six installments, the House of Savings and Consemnations will be able to ask for forced execution on the home and the evacuation of the holder. + Article 35 Citizens who, at the conclusion of the contract, pay the full price of the home, benefit from a bonus consisting in the 50% reduction of the commission due to the organization that concludes contracts for the construction of housing. + Article 36 For the non-handover of the home within the term established by contract, the organization with cara has concluded the contract for the construction of personal property will pay the beneficiary penalties of delay, under the conditions established by the Ministers. + Chapter 3 Criteria for pricing + Article 37 Personal property dwellings built with state support are designed and executed through state or cooperative organizations, on the basis of contracts concluded at firm deviz prices, or are projected and executed by the beneficiary in the directing. Citizens who execute their personal property in directing can only use their own construction materials or purchased at retail prices from the market fund, in strict compliance with the legal provisions. Persons referred to in par. 2 are obliged to justify with documents the legal origin of the materials purchased for the construction of the home, as well as the expenses Persons who do not justify the legal origin of the materials respond, as appropriate, material, civil, contravention or criminal, according to the law. + Article 38 The price of the home includes, as the case may be, the cost of the design, the cost of the execution of the works, including the benefit of the construction organization, as well as the commission of the organization that + Article 39 The state executes type projects for housing located in large, multi-level buildings. For the other dwellings the design is carried out through the cooperative organizations or other service providers. Cooperation associations for the construction of personal property housing can build housing on the basis of type projects, made available by state organizations, for a fee, adaptation to the field following being made through organizations cooperatists or service providers. + Article 40 The cost of execution of construction works, including the benefit of the construction organization, is established on the basis of devises developed on the object. In order to support citizens, the building materials will be delivered at production prices, if the dwellings are built through state organizations. Construction materials will also be delivered at production prices if the homes are built by cooperative organizations, in the case of housing in block buildings. For housing that is carried out by service providers or by the population in directing, the building materials are delivered at retail prices. + Chapter 4 The sale of housing from the state housing stock to the population + Article 41 In order to meet the housing needs of lower-income citizens, persons with employment contract transferred in the interest of the service and other categories of citizens who according to the law have the right to receive housing from the state housing stock, will be a housing fund for these categories of citizens, for rent. + Article 42 After the housing fund for rent was provided, according to the provisions of art. 41, the state can sell the other homes at its disposal, first of all those in buildings where there are also personal property apartments, small houses-with a home or with a low number of homes-built from lower materials or from durable materials, but with advanced wear, as well as those with more housing, type blocks. There is no housing in the direct administration of enterprises and state economic organizations, intended for persons with their employment contract, for rent. Housing is sold to the citizens who occupy them as tenants. + Article 43 The sale of homes from the state housing fund will be staggered. The Council of Ministers will approve annually the list of buildings that are put into sale, at the proposal of the executive committees of the county folk councils and the city of Bucharest. The rules for determining the sale price of housing are those established by decree of the State Council. The evaluation of residential buildings for sale is made by the executive committees of the county folk councils and the city of Bucharest, on the proposal of commissions composed of specialists, delegates of the financial administration, you enterprises for the administration of the state housing stock, citizens with prestige and authority domiciled in the neighborhood where the buildings put into sale are located. The lists of prices established on each dwelling that are put into sale will be displayed at the headquarters of the folk councils, at the buildings put up for sale and in other places where they can be consulted by citizens. At the established prices, tenants or other citizens can appeal to the executive committees of the county folk councils and the city of Bucharest, within 30 days from the date of display. The executive committees of the county folk councils and the city of Bucharest will settle the appeals and will display the final prices within 30 days from the expiry of the deadline for filing appeals. + Article 44 Citizens who meet the conditions provided in this law for the construction of personal property with the support of the state and are recommended by the councils of the working people or the other collective management bodies from the socialist units in which they operate. Persons with employment contract and pensioners who buy homes put into sale will submit an advance and will benefit from credits from the state as if they build a new home with the support of the state. Persons with employment contract, tenants of dwellings from the state housing fund located in rural areas, who have their place of work in that locality, can benefit from loans for buying the home under the same conditions as those from urban areas. The advance and the maximum duration of repayment of the loan are established for persons with employment contract and pensioners according to the monthly tariff retribution, respectively the pension had at the date of conclusion of the contract, according to the provisions of the head. 2. Upon the sale of housing shall apply, accordingly, and the other provisions laid down in the present law for the construction of personal property dwellings. + Chapter 5 Other provisions regarding the construction and sale of personal property dwellings + Article 45 If personal property is built in buildings with several dwellings, the land is assigned to common use during the existence of the building, and the tax will be borne by each owner proportional to the built area of the building. dwelling. The annual fee for land assigned to the construction of housing is of 1 leu/m p *. --------------------- Note * *) According to provisions art. 2 2 of Law no. 5/1980 , annual fees for land awarded in use remain those in force at the time of the said law. + Article 46 If in a building, dwellings or spaces with another destination belong to different owners, they have the right of ownership or use, during the existence of the common construction, on the related land, on the premises auxiliary, facilities and joint units, as well as on all goods accessories which, by their nature, can only be used jointly. + Article 47 In case of succession or alienation of the home, all rights and obligations resulting from the loan contract, from the construction contract or from the sale-purchase contract shall be transmitted on the interest. With the transmission of the ownership of the home, it is also transmitted, under the law, the right of ownership or use, during the existence of the construction, on the land. + Article 48 The act that proves the ownership of the home built or bought under the conditions of this law and the right of use on the land awarded under the same conditions constitutes title of property, which is issued in the form set out in Annex The title of the property on the dwelling personal property built or bought under the conditions of this law shall be brought to the base: the building permit, the contract for construction or sale, the loan contract and the minutes of surrender-takeover or putting into use. The title of use during the existence of the construction on the assigned land shall be brought down on the basis of the award decision issued individually or jointly by the executive committees or offices of the popular councils. Financial administrations or their subordinate units, which have been empowered for this purpose, will register the ownership of the home and the right of use on the land awarded on the basis of the acts provided in par. 1 and 2 and will release the title of ownership or use. + Article 49 Property titles provided for in the previous article, sale-purchase contracts of dwellings from the state housing stock, decisions to award land in use during the existence of construction, loan contract and mortgages constituted on buildings, shall be entered in the registers of real estate transcripts. In the localities with land book regime, the registration will be made, as the case may be, of the right of use on the land, of the ownership of the home, of the mortgages constituted, as well as the note of the loan contract. The registration of the title of property for dwellings built or bought under the conditions of this law is subject to stamp duty of 150 lei. For the registration of the other acts on the basis of which the title of property is issued, as well as for the constitution of the mortgage guaranteeing the credit granted by the state, no stamp duties shall be charged. They are exempt from the tax on buildings, for 10 years from the date of their interest, the dwellings bought under the present law and those built with the support of the state. + Article 50 The loan contract, the construction contract, as well as the sale-purchase contract concluded under the conditions of this law have the value of authentic documents and constitute enforceable securities. + Article 51 Those who build their home personal property in directing are obliged to fully execute the construction within the deadline set by the building permit. If the provisions of the previous paragraph are not complied with, the committees or executive offices of the popular councils shall revoke the decision on the right of use on the land, which may be assigned to other entitled persons. In the case of revocation of the land award decision, the former beneficiary may sell the unfinished construction, within the time limit set by the committee or executive office of the popular council, to a person committed to continuing the construction and to whom the the land is assigned under the present law. If the construction was not sold under the conditions of the previous paragraph, the owner will release the land within the deadline set by the committee or executive office of the popular council. + Article 52 Persons referred to in art. 5, which bring down a second dwelling by inheritance, donation, as a result of marriage, or in other ways, are obliged to dispose of one of them within one year of interest. If it does not comply with the obligation provided in the previous paragraph, one of the two dwellings will be passed into state property, by decision of the executive committee of the county folk council or Bucharest municipality, with the payment of a compensation, according to the norms * established by decree of the State Council. Until the decision is issued, the family members are entitled to choose the home they retain in the property. The provisions of this article also apply to those who, at the time of publication of this law, have several homes in the property, the one-year term running from this date * *. For persons who have not alienated the second dwelling, because it is used by socialist units for purposes other than that of dwelling, the term of one year flows from the date of its release. For persons who have in the property a second home whose construction is unfinished, the one-year term flows from the date of delivery into use, found, as the case may be, by the executive committees or offices of the municipal folk councils, City or communal. + Article 53 People who do not have Romanian citizenship, but who reside or want to establish their domicile in the Socialist Republic of Romania, can build or buy from their housing state housing, personal property, from their own funds, with compliance with legal provisions + Chapter 6 Transitional and final provisions + Article 54 Decisions under which citizens have been assigned land for the construction of housing under Decree no. 493/1954 can be revoked, if the homes for which those lands were assigned were not built. + Article 55 For the state property land on which personal property dwellings were built and which were awarded without fulfilling the forms provided by Decree no. 493/1954 , the committees and executive offices of the popular councils of the municipalities, towns and communes will issue decisions for the award in use during the existence of the construction under the present law, if the provisions are fulfilled Decree no. 144/1958 . + Article 56 The committees and executive offices of the popular councils are obliged to take measures for the proper management and use of land from the building perimeter of the towns and from the village hearth regardless of the property, in accordance with the provisions Sketch and systematization details. All free land from the administration of ministries and other central organs or subordinate units will be passed into the administration of the executive boards or offices of the popular councils. Committees or executive offices will take steps not to execute housing without a building permit. When issuing the building permit the conditions will be determined to ensure rational use of the land, optimal housing density, alignment regime and height regime, in accordance with the provisions of the outline and details of systematisation. + Article 57 Those who will execute construction without a building permit will be sanctioned according to the law, and construction will be demolished. + Article 58 In order to make rational use of personal property land in municipalities and cities which, according to the systematization sketch, are not necessary for the execution of works of general interest, they will be able to be used for the construction of personal property housing. On these lands can be realized constructions with several dwellings taking into account the shape and size of the land, in compliance with the sketch and the details of systematization and height regime. For this purpose, the owner of the land can be constituted in an association with other citizens in order to build the respective building, the land passing, on the date of establishment of the association, into state property, according to the law. The members of the association will receive from the state the necessary land, in common use, during the existence of the building, with the payment of a fee provided by law; the person to whom the land belonged is exempt from the payment + Article 59 Members of cooperative organizations and other public organizations of economic and social character may benefit from state credits for the construction or purchase of personal property under the conditions provided for by this Law for persons with employment contract and pensioners. Credits will be granted based on the recommendation of the respective cooperative or public organization. + Article 60 Law no. 9/1968 for the development of housing construction, the sale of housing from the state fund to the population and the construction of personal property houses is repealed. Contracts or other acts concluded on the basis decrees no. 445/1966 and no. 713/1967 713/1967, as well as a Law no. 9/1968 , remain valid. -------------------------- Note *) The evaluation rules were established by the Decree of the State Council no. 467/1979 467/1979. Note ** **) Law no. 4/1973 was published in the Official Bulletin no. 46 46 of 31 March 1973. -------------------