LAW No. 4 of 31 March 1973 * Republished on the development of housing building and selling housing from the State Fund of the ISSUING NATIONAL ASSEMBLY population Published in OFFICIAL GAZETTE No. 121 of 31 December 1980 Note *) Law No. 4 was published in Official Gazette No. 46 on March 31, 1973, republished, Rosca chapters and articles to the new numbering in Official Gazette nr. 121 of 31 December 1980, pursuant to article 5. 3 of law No. 5 of 17 October 1980 and published in Official Gazette No. 90 of 22 October 1980, National Assembly of the Socialist Republic of Romania adopts this law.
Chapter 1 General provisions Article 1 the high pace of Development of the national economy, modernizing workers ' centres and cities, increasing numbers of workers and specialists, the increase of retributiei and other income of the working people, are necessary for the development of housing building and improving their comfort-essential condition for lifting the welfare of the whole people.
In order to satisfy the demands of raising housing, it will intensify the pace of new housing construction and will take measures to improve the comfort, in accordance with the pace of development of the national economy and in compliance with the national plan unique economic and social development.
Article 2 the construction of dwellings consists of:-the centralized investment funds of the State, houses being State property;
-funds of enterprises, State-owned houses in their direct administration data;
-funds cooperative organizations and other civic organizations with the economic and social character, houses owned by them;
-income population, including credits issued by the State for housing being personal property of citizens.
Dwellings constructed of investment funds are centralized State-run enterprises subordinated to the popular councils or other State enterprises.
Article 3 the harmonious development of cities, workers centers, and other localities requires building new housing in accordance with the requirements the sketches and plans of systematization, observing strict construction scheme, in terms of the number of levels, the density of the buildings and their architectural line.
Article 4 fields in cities are subject to the perimeters of a systematic arrangements, regardless of the nature of the property. Holders of such land can build only with the approval of the committees or executive offices of the popular councils and with the employment rules of the town-planning and architecture.
Land State ownership may be assigned by committees or executive offices of the popular councils in order to build housing, the Socialist organizations or individuals under the provisions of the plans of systematization, with payment of the fee established by laws.
The right of use of land assigned will be granted only for the duration of the existence of the respective construction.
Article 5 citizens have the right to have personal property a single dwelling, for themselves and their families. Family members can keep ownership of the commune or owned by one of them, a single House.
The provisions of the preceding paragraph with regard to family members relate solely to the husband, wife and minor children.
Article 6 the construction or purchase of housing by citizens in order to revinzarii or rental is prohibited.
Article 7 the citizens can be founded in associations for construction of private housing. On the basis of the contribution of the members of the Association and credits that are granted by the State, cooperative associations will build private dwellings in buildings with multiple levels.
Associations can build and in directing.
Cooperative associations for the construction of dwellings are personal property having legal personality, in accordance with the provisions laid down by law, from the date of their establishment. The Organization and functioning of cooperative associations are established by statute, approved by the decision of the Council of Ministers.
Article 8 By the House, for the purposes of this Act, means the housing area that comprises one or more living rooms, with related dependencies, forming a self-contained dwelling unit, determined as such by its construction.
Chapter 2 Building housing State support personal property with Article 9 Citizens, regardless of income, have the right to build or to buy, under the present law, a private dwelling.
In municipalities and cities, citizens can build private dwellings, while respecting the rules of architecture and town-planning scheme, according to sketches of town-approved, as well as the legal provisions in force regarding the normalization of housing and the use of personal property.
Also, residential buildings in municipalities and villages must be within the rules of the town-planning scheme of buildable height and perimeter established by town-planning, building sketches-are land use under the conditions prescribed by law.
Article 10 the State supports private housing construction by providing long-term credit, the awarding of land use for construction, materials, and design-build.
Article 11 citizens can build a private residence for themselves and their families, with their own means or with means and credits from the State, in localities where reside or in which they have the right to determine the place of residence, in accordance with the law.
Article 12 the State will continue to build housing on a yearly basis to develop State-owned housing stock, which will be leased, according to the law, the first of all persons falling under a contract of employment with low income, young people into new production, young căsătoriti, as well as persons falling under a contract of employment transferred to the interests of the service.
Article 13 Persons falling under a contract of employment and retirement who have no residence personal property will have the right to rent housing from the State Fund, pay the rent laws, given the priority, as provided by law, persons falling under a contract of employment and retirement have an average monthly income of each family member less than 1,500 lei.
Also enjoy the right to rent housing from the State Housing Fund, pay the rent stipulated by law, officers, military leaders and subofiterii of the Ministry of national defense and the Ministry of the Interior.
The State supports in particular the persons falling under a contract of employment and retirement, who have no private housing, to build or buy housing.
For people with low incomes ensure convenient conditions for the construction or purchase of housing, in respect of the supply of credit, interest rate and length of loan repayment, priority, if you have heavy duty.
Article 14 all citizens who hold a State-run housing will still preserve the right to own this House, pay the rent laws, neputind be evicted than as provided by law.
Article 15 private housing Construction and sale of housing from the State housing stock will be carried out in a manner which was scheduled under the single national plan economic and social development.
Article 16 the granting of credit for building housing personal property is made in the following order of priority:-skilled workers, in the first of all those of major industrial establishments;
-persons in post with a contract of employment transferred to the interests of the service from other localities;
-specialized professionals who work in the production of material, the design activity, scientific research and education;
-Alumni serving in production coming from other cities;
-persons with a contract of employment falling based contest, coming from other cities;
-other persons falling under a contract of employment and pensioners.
Within each category shall be granted preference to those who have heavy duty, especially for families with several children, framed with a contract of employment and pensioners who have lodged a head bigger and have a length greater than the savings and Home Consemnaţiuni.
Article 17 the citizens whose dwellings are demoleaza for new construction or systematizations will receive rented housing from the State housing stock, for themselves and their families, until they build or buy a home. The amount charged for house demolition will be the advance for a House on new build or buy.
Article 18 citizens who move permanently from one locality to another, in the course of their work or their families, and have a personal property can sell and have the right to build a new house in the locality in which they are established.
To this end it may receive, in accordance with the law, the necessary land and, if the amount received from the sale of the old housing does not cover the cost of new homes, can receive a credit completion without exceeding the ceilings referred to in article credits. 23. Article 19
The State supports through credits and execution of private housing construction falling, in terms of surface area, equipping and finishes in the rules approved by the State Council.
Article 20 granting of credit for building housing personal property will make the proposal work collectives where the applicants operate, approved by the people's Councils work together with trade union bodies, taking into account the intake of applicants into production, the need to ensure stability in their unit and their living conditions, in the order of precedence laid down in article 21. 16. the executive committees of the District Councils and the popular Bucharest will determine annually the number of dwellings whose construction may shrink with each staff worker of Socialist units.
Article 21 Citizens holding a residence built with the support of the State credits and runtime that became crowded or too high, taking into account the number of family members, can build a new house with the support of the State credits and execution provided to alienate the dwelling they hold.
The price obtained from the sale of old housing will constitute, in these cases, the advance for the construction of new housing, and the term for repayment of the loan in order to cover the remaining cost will be reduced by half from that established by law.
Article 22 the advance minimum and maximum duration of loan repayment shall be determined according to the tariff of monthly remuneration, i.e. monthly pension at the date of conclusion of the contract, as follows: Category tariff Treatment or monthly pension advance minimum price estimated the maximum loan repayment up to 1,500 lei them 20% 25-year II-1,501 2,000 lei 25% 20 years III more than 2,000 Lions 30% 15 years Article 23 credits for dwellings of the type referred to in art. 19 may not exceed: for housing 41,500 room;
64,000 for housing with 2 rooms;
81,000 lei for three-bedroom homes;
91,500 lei for housing with 4 rooms;
105,000 lei for 5-room dwelling.
Credit ceilings laid down above for why building houses in areas with seismic grade 8 are increased by 3%, while for those in high-risk seismic zones 9, 10%.
Article 24-the cost of a garage and annexes separately in the household estimate and is payable in full by the client at the time of conclusion of the contract.
In case of renting housing from the State Fund, the value of household annexes-huts, cellars, patule, soproane and other construction, except garages, is included in the price of the sale, at which you want the loan to be granted, within the ceilings laid down by the law.
Article 25 the persons falling under a contract of employment and retirement living in municipalities, towns and settlements of their components, that are building private homes in directing, I can get credits for this purpose in the amount of not more than 35,000 lei, repayable over a period of 20 years. Loans are granted on condition that the beneficiary must prove that possibilities for construction materials.
People framed with a contract of employment in rural areas, in particular teachers, doctors, specialists of resorts for agricultural mechanization, State agricultural enterprises and agricultural production cooperatives, who did not own a house in the village in which they work, are eligible for a credit of up to 35,000 lei for a period of 20 years, to build private housing in that commune in directing.
Persons falling under a contract of employment which they work in the big cities and the towns surrounding residing will be supported to build private housing in directing in the locality in which they reside, if not his own dwelling. To this end, they may qualify for a credit of up to 35,000 lei for a period of 20 years.
The provisions referred to in the preceding paragraphs shall also apply to complete construction of the housing.
Article 26 priority for credit shall be determined according to the criteria laid down in article 21. 16, by the committees established by the committees or the executive offices of the popular councils.
The committees shall establish a list of applicants in order of priority and will be displayed at the headquarters of organizations which conclude contracts for the construction of dwellings with citizens.
Those interested can make appeals over the order of priority laid down, within 15 days from the display list, the Executive Committee or the Office of the people's Council will resolve within 30 days of registration.
Article 27 the State lending limits laid down in article 21. 22 and 23 persons in post with a contract of employment and pensioners who have concluded contracts for the construction of housing, for the difference between the estimated price provided for in the contract and advance by the beneficiary.
In order to obtain credit, contracts for the construction of private housing with State organizations or co-operative organisations, the beneficiary must have submitted to the House and savings in order to compile Consemnaţiuni, a sum of money representing at least the advance on the price stipulated in the contract.
Article 28 For loans granted under the present law, other than those referred to in article 1. 32, interest will be charged on an annual basis, differentiated according to tariff remuneration, pension or monthly gross average income and the size of the loan, as follows: Category tariff Treatment, the average monthly gross income or interest on them up to 1,500 1,501 lei II 3%-4% 2,000 lei more than 2,000 lei (III) 5% for the amount of credit that exceeds 50,000 lei, Daniel will be 6% per annum regardless of the tariff remuneration, pension or monthly gross average income.
Article 29 savings and House Consemnaţiuni is authorized to grant loans for the construction or purchase of housing, under the conditions laid down by the Council of Ministers.
Article 30 the loan will be guaranteed by the Constitution of a mortgage over housing acquired under this law. The inclusion of the mortgage will become available based on the Sungold official loan contract at the request of House savings and Consemnaţiuni.
Until full repayment of the loan, the House has gained under this law may not be instrainata, demolished or revamped, than with the prior authorization of the household savings and Consemnaţiuni.
Article 31 Home savings and loan will be issued Consemnaţiuni progressively as the construction execution.
Where the beneficiary of the loan will be used for other purposes, the amounts received, the home savings and loan granted Consemnaţiuni will retire and will follow the recovery of sums granted, with annual interest of 12% calculated on the entire amount issued by it.
Article 32 Shall authorize the House savings and loans to pay for Consemnaţiuni establishment of advance as well as a complement of the sum required to cover the cost in full for the purposes of contracting a private housing.
Credits for the establishment of the advance shall be granted for a period of not more than 5 years, and for completing the required amount to cover the full cost of housing, on no more than 10 years.
For these loans will be charged interest of 8% per annum.
Article 33 if renting housing from the State housing credit interest required advance will be 6% and the refund of this allocation will be made according to the tariff remuneration or monthly pension as follows: Category tariff Treatment or monthly pension maximum duration of loan repayment for advance them until 1,500 1,501 lei 10-year II-2,000 lei 8 years more than 2,000 lei III 5 years quota of 1% calculated on the balance of credits awarded for advance the purchase of personal property, covering housing costs savings and House Consemnaţiuni providing, tracking and record-keeping, including credits for the employment of the staff necessary to this end, it will incur 6% from interest earned from the public.
Article 34 in the case is delayed within specified time limits, rates, savings and interest will be charged Consemnaţiuni 12% per annum on the outstanding rates for loans.
In the event of non-payment on the due date of the six installments or the value of the six installments, Home savings and will ask Consemnaţiuni enforcement over housing and discharge licensee.
Article 35 citizens who, at the conclusion of the contract, paid in full the price of housing, receive a subsidy reduction 16.00 50% Commission due the organization which conclude contracts for the construction of housing.
Article 36 For non-remission housing within the period specified in the contract, the organization with cara was terminated the contract for the construction of private housing will pay penalties for delay to the beneficiary under the conditions laid down by the Council of Ministers.
Chapter 3 Criteria for pricing Article 37
Private houses built with State support shall be designed and run by the State or cooperative organizations, on the basis of contracts concluded at a firm price quote, or shall be designed and run by the beneficiary in directing.
Citizens who run private housing in directing can only use their own construction materials, or purchased at retail prices to the market, in compliance with the strict legal provisions.
The persons referred to in paragraph 1. 2 are obliged to justify acts of legal provenance of materials purchased for the construction of housing, as well as the expenditure incurred.
People who do not justify the origin of the material shall be responsible, as appropriate, material, civil, or criminal offence according to the law.
Article 38 in the price of housing is included, where appropriate, the cost of the design, the cost of the execution of the works, including the benefit of the Organization, and the Organization's Commission that concluded the contract building with the beneficiary.
Article 39 State run housing projects located in buildings with multiple levels. For other housing design is achieved through cooperative organizations or other units that provide services.
Cooperative associations for the construction of personal property can build housing housing based projects, made available by the State organizations, for a fee, to adapt to the terrain will be done through cooperative organizations or establishments that provide services.
Article 40 the cost of execution of construction works, including the benefit of the Organization, shall be determined on the basis of estimates compiled on the object.
In order to help citizens, building materials will be delivered at production prices, where houses are built by State organizations. in addition, the construction materials will be delivered at reasonable prices if production houses are built of cooperative organizations, in the case of buildings housing type blocks.
Houses what is achieved by providing services to the public or in directing the construction materials will be delivered to retail prices.
Chapter 4 sale of housing from the State housing stock to the public for the purposes of article 41 of the housing needs of lower-income citizens, persons falling under a contract of employment transferred to the interests of the service and other categories of citizens who by law have the right to receive housing from the State housing stock, it will constitute a fund housing for these categories of citizens , for hire.
Article 42 after the Housing Fund for lease under the provisions of art. 41, the State can sell the other housing available in first of all the existing buildings and private apartments, small homes-with a housing or with a small number of houses built from materials below or from sustainable materials, but with an advanced wear, as well as those with more housing, type blocks.
Houses are not sold in the direct administration of enterprises and economic organizations of the State for persons classified with their contract of employment, for rent.
All properties are sold to citizens that they occupy as tenants.
Article 43 Selling housing from the State housing stock will be done gradually.
The Council of Ministers will approve annually the list of buildings are put on sale, at the proposal of the executive committees of councils and city folk.
The rules for determining the sale prices of housing are established by Decree of the State Council. the evaluation of residential buildings intended for sale shall be made by the executive committees of councils and popular of Bucharest, at the recommendation of committees composed of experts, delegates of the Administration and financial management of enterprises from the State housing stock, citizens with prestige and authority residing in the district buildings put up for sale.
The lists of prices established on each housing what is put in the sale will be displayed at the headquarters of the popular councils, the buildings put up for sale and other places where citizens can be consulted.
At prices fixed, renters or other citizens can make appeals to the executive committees of the District Councils and the popular Bucharest, within 30 days after the date of posting. Executive committees of the District Councils and the popular Bucharest will settle appeals and final prices will show up within 30 days of the expiry of the period for the submission of complaints.
Article 44 Can purchase housing from the State housing citizens who fulfil the conditions laid down in this law for the construction of private housing with the support of the State and are recommended by the Councils of the working people of other times bodies of socialist collective in which it operates.
People framed with a contract of employment and retirement who buy homes offered for sale shall deposit an advance and will receive credits from the State as is the case when a new build with the support of the State.
Persons classified with the employment contract, tenants of housing from the State housing located in the countryside, who work in a place that may receive credits for purchase of dwelling on the same terms as those in urban areas.
Maximum duration of advance and loan repayment are established for persons falling under a contract of employment and retirees depending on tariff monthly remuneration, i.e. the pension at the date of conclusion of the contract under consideration, according to cap. 2. The sale of housing shall apply, as appropriate, and the other provisions laid down in this law for the construction of private housing.
Chapter 5 Other provisions relating to the construction and sale of housing personal property Article 45 where the private housing in buildings with multiple homes, land plots shall be attributed for use during the existence of the Township building, and the fee will be borne by each of the owners in proportion to the surface area of the dwelling built.
The annual fee for the land allotted for the construction of housing is of 1 leu/m p *.
— — — — — — — — — — — — — — — — — — — — — * Note) according to the provisions of article 7. 2 of law No. 5/1980, annual fees for land assigned in use remain the law in force at the time.
Article 46 where a building, housing or with another destination spaces belong to different owners, they are entitled to property or service for the duration of the existence of common construction on the land plot, the ancillary premises, facilities and joint units, as well as on all goods accessories which, by their nature, cannot be used in common.
Article 47 in the case of succession or alienation of the dwelling shall be provided on the dobînditorului all rights and obligations arising from the loan agreement, the construction of the contract or in the contract of sale and purchase.
With the transfer of ownership of the dwelling shall be provided, in accordance with the law, and the right of ownership or use, the duration of existence of the construction, over the land.
Article 48 the Act that proves ownership of housing built or purchased under this law and right of use of land assigned under the same conditions constitute ownership, which shall be issued in the form set out in annex II.
The title of ownership of personal property home built or purchased under this law shall be given at the Base: gives authorization to contract for the construction, sale, or loan agreement and a protocol for fetching or putting into service.
The title to use for the duration of the existence of the construction of the land acquired shall be assigned on the basis of the decision to award issued singly or jointly by the committees of councils or executive offices.
Financial administrations or their subordinate units, which have been authorised for that purpose, shall record home ownership and right of use of land assigned on the basis of the acts referred to in paragraph 1. 1 and 2 and will release the title of ownership or use.
Article 49 titles of property referred to in the previous article, the contracts of sale-purchase of housing from the State housing stock, procurement decisions in land use during construction, existence, the loan agreement and mortgages constituted over buildings, shall be entered in the registers of transcripţiuni estate. In the land register will be made, where appropriate, the inclusion of the right of use of the land, the ownership of mortgages, represented, and noting the loan contract.
The inclusion of title for all properties built or purchased under this law shall be subject to stamp tax of 150 lei.
For other acts on the basis of which the property title is issued, as well as for the establishment of the mortgage loan by which the State guarantees granted, no stamp duty is levied.
Are exempt from tax on buildings, for 10 years from the date of awarding their houses purchased under this law and those built with the support of the State.
The loan agreement, the contract for the construction, and sale-purchase agreement concluded under the present law of value entries and constitute enforceable.
Article 51 those who are building the House personal property into directing are obliged to carry out in full the construction within the time set by the authorization of the construction.
If you do not comply with the provisions of the preceding paragraph, the committees or the executive offices of the popular councils will revoke the decision concerning the right of use of land, which may be assigned to other persons holding entitlement.
In the case of revocation of the decision to award the former beneficiary can sell unfinished construction, within the time limit set by the Committee or the Executive Office of the Council, a person who undertakes to continue construction and land assigned under this law.
If construction has not been sold under the terms of the preceding paragraph, the owner of the land will be issued within the time set by the Executive Council Office or popular.
Article 52 the persons referred to in art. 5, which are taken in a second House by inheritance, donation, as a result of the marriage or any other horses, are bound to alienate one of them within a year at least 20,000.
If it doesn't meet the obligation laid down in the preceding paragraph, one of the two homes will be placed in State-run, by decision of the Executive Committee of the Council of the municipality or county people's Bucharest, pay compensation, in accordance with the rules laid down by the Decree of * State Council until the issuance of the decision., family members have the right to choose housing that you retain ownership.
The provisions of this article shall also apply to those who, at the date of publication of the present law, have owned several homes, the term a year ran with effect from that date.
For people who don't have alienated the second residence because it is used by Socialist units for purposes other than that of residence, the period of one year from the date of issue flows from it.
For people who have owned a second House whose construction is not complete, the term one year flows from the date of putting into service, established, as appropriate, by the committees or the executive offices of the municipal councils, city folk or communal.
Article 53 persons who do not have citizenship, but Romanian residing or intending to establish their residence in the Socialist Republic of Romania, may build or buy from housing State housing, personal property, own funds, in compliance with the legal provisions.
Chapter 6 transitional and final Provisions Article 54 Decisions under which citizens were awarded land for the construction of housing by virtue of Presidential Decree No. 493/1954 may be revoked if the houses to which they were assigned those lands have not been built.
Article 55 For State-owned land on which they built homes and personal property that were awarded with the forms laid down by Decree nr. 493/1954, executive offices and committees of the Councils of municipalities, towns and communes will issue decisions in service award during the existence of the construction under the present law, if you are satisfied the provisions of Decree No. 144-57.
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 perimeter of cities and out of buildable vatra village regardless of ownership, in accordance with the provisions of this draft and detailed systematisation.
All the land free from ministries and other central organs or subordinate units shall be entered in the management committees of councils or executive offices.
Committees or executive offices will take measures not to run housing construction without a permit.
The authorization of the construction will establish the conditions to ensure rational use of land, housing density, optimal alignment and height regime, in accordance with the provisions of this draft and detailed systematisation.
Article 57 those who execute the construction without a permit for construction will be punished according to the law, and the construction will be demolished.
Article 58 the purpose of rational private land from municipalities and cities which, according to the company town, are not necessary for the carrying out of works of general interest, they will be able to be used for the construction of private housing.
On such land can be achieved with more housing construction takes into account the shape and size of the land, while respecting the design and details of town-planning and arrangements.
To this end, the landowner may be set up in association with other citizens in order to build the building in question, passing them on the establishment of the Association, in accordance with the law, State property. Association members will receive from the State land in common use during the existence of the building, with the payment of a fee prescribed by law; the person to whom the land belonged is exempt from paying the tax.
Article 59 members of cooperative organizations and other civic organizations with economic and social Council are eligible for loans from the State for the construction or purchase of private housing as provided by this law for persons falling under a contract of employment and retirees.
Credits will be awarded based on the respective cooperative organization or of the public.
Article 60 of law No. 9/1968 for the development of housing building, selling housing from the State by the population and building houses personalty is repealed.
Contracts or other acts concluded on the basis of decrees no. 445/1966 and no. 713/1967 and the law No. 9/1968, remain valid.
— — — — — — — — — — — — — — — — — — — — — — — — — — * Note) valuation rules were established by the Council of State Decree No. 467/1979.
Note *) Law No. 4/73 was published in Official Gazette No. 46 from 31 March 1973.