Law No. 85 Of 22 July 1992 Relating To The Sale Of Homes And Spaces With Another Destination Of Funds And State Funds Of Economic Entities Or State Budgetary

Original Language Title:  LEGE nr. 85 din 22 iulie 1992 privind vinzarea de locuinţe şi spatii cu alta destinaţie construite din fondurile statului şi din fondurile unităţilor economice sau bugetare de stat

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070237/-lege-nr.-85-din-22-iulie-1992-privind-vinzarea-de-locuine-i-spatii-cu-alta-destinaie-construite-din-fondurile-statului-i-din-fondurile-unitilor-econo.html

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Law No. 85 of 22 July 1992 (* republished *) (* updated *) on the sale of homes and spaces with another destination of funds and State funds for economic or budgetary units (updated until December 17, 2011 *)-GOVERNMENT ISSUING — — — — — — — — *) the Republished pursuant to art. II of law No. 79/1997, published in Official Gazette of Romania, part I, no. 87 of 12 May 1997.
Law No. 85/92 was published in the Official Gazette of Romania, part I, no. 180 of 29 July 1992, and was republished in the Official Gazette of Romania, part I, no. 260 of 15 September 1994.


Article 1 of the State Housing funds can be purchased by holders of contracts of hire, with full payment or installment price, under the terms of Decree-Law No. 61/90 concerning sale of flats constructed out of State funds by the population and of the present law.
Are exempted from the provisions of paragraph 1. 1 housing areas that exceed the maximum laid down in the regulatory acts which were executed from the State housing funds and funds economic and budgetary establishments, and those showing the date of sale, the equivalent of superior art or ornamental, or have special amenities, such as: swimming pool, sauna, Conservatory, wine cellar, bar and wine cellar, cold room, or the like.
They are also exempt from the housing of the protocol, that have served or serve dignitaries or other persons chosen or named functions as housing for the duration of tenure, even if they are subsequently removed from the book-keeping protocol housing.


Article 2 residential buildings financed from State funds, a work in progress and retained nominal up to the date of entry into force of the present law, which cannot be completed and sold under the terms of the regulations in force, can be sold on the flats, on the details, on the stairs, on the parts of the building or in their entirety, through public auction.
Exception from the provisions of paragraph 1. 1 running homes that pass through the protocol, without payment, in the Romanian Parliament, the Ministry of national defense, Ministry of Interior, Romanian Intelligence Service, Guard and protection service, Ministry of Justice-Directorate-General of prisons, as well as those they are building through its own investment plans or they purchase using budget allocations ensure for this purpose. These dwellings are subject to housing. 1 (1). 3.---------. 2 of art. 2 returned to the form referred to above EMERGENCY ORDINANCE nr. 98 of 29 June 2000, by rejecting this regulatory action by the law nr. 330 of 28 June 2001, published in MONITORUL OFICIAL nr. 358 of 4 July 2001.
Auctions are organised by the local councils.
Housing provided for in paragraph 1. 1, or for which pre-sale agreements concluded or buying-selling contracts up to the date of entry into force of the present law, beneficiaries can buy Act of distribution or pre-agreements times holders of contracts of sale and purchase, without tender, to the value of the work performed by the unit owner, under art. 1. the starting price for the auction is determined by the proprietary units, taking into account the physical stage of execution, to which we add design and related expenses. The price achieved at auction, to cover the costs of recording and selling the units receive a fee of up to 1%.


Article 3 the spaces intended for trade activities and the provision of services, small industry and any other similar activities in residential buildings in execution and owned companies specialised in autonomous housing or local councils, may be sold at public auction pursuant to article. 2. equal benefit from priority offers the award through the auction of the premises referred to in paragraph 1. 1 natural and legal persons who have concluded agreements or other documents equivalent to proprietary or autonomous administrations with local councils for the rental of such spaces, though, on the basis of building permits issued according to law, these people have paid expenses for the execution of construction works or installations in order to allow for these spaces.
The starting price for the auction shall be determined under the conditions laid down in article 21. 2 (2). 5. the premises referred to in paragraph 1. 1, owned by the company, are considered assets and sell according to the law.


Article 4 Garages constructed from State funds, funds of economic entities or State budgetary or before 6 March 1945 belonged to institutions or companies with private capital can be purchased by holders of rental contracts without tender.
The sale price of such spaces shall be fixed at the amount of movement from the date of sale.


Article 5 any natural or legal Persons who have acquired ownership of the buildings in the running are required to obtain, according to the law, the authorization for further work and provide for their enforcement under the conditions and within the time limits set out in the authorization.


Article 6 Homes built from State funds and the funds of budgetary and economic units that are not subject to a rental contract or for which no orders have been issued, distribution and those that lease holder a legal person may be sold by public auction organised by the local councils or businesses who hold their respective spaces. The price at which to start the auction shall be applicable the provisions of art. 2 (2). 5. Is exempt from the sale by public auction houses made from State funds and the funds of budgetary and economic units, state that the holder of the lease a non-profit legal entity that uses the space solely for the purpose for which it was chartered.
— — — — — — — — — —-. 2 of art. 6 returned to the form referred to above EMERGENCY ORDINANCE nr. 98 of 29 June 2000, by rejecting this regulatory action by the law nr. 330 of 28 June 2001, published in MONITORUL OFICIAL nr. 358 of 4 July 2001.
Paragraphs 1 and 2. 3. Removed — — — — — — — — —-. 3 of art. 6 has been removed as a result of the rejection of the EMERGENCY ORDINANCE nr. 98 of 29 June 2000 and published in the Official Gazette No. 302 of 3 July 2000 by law No. 330 of 28 June 2001 published in the Official Gazette No. 358 of 4 July 2001.


Article 7 Housing units constructed of economic or budgetary funds of the State, until the date of entry into force of this law, other than dwellings, will be sold to holders of contracts of hire, at their request, with full payment or installment price, under the terms of Decree-Law No. 61/90 and of the present law.
It also will be sold on request, subject to the conditions mentioned in paragraph 1. 1 and in compliance with the provisions of art. 1 (1). 3, holders of contracts of lease and housing before 6 March 1945 belonged to autonomous public corporations, institutions and State-owned companies, private or mixed, which ceased existence after that date, or, where appropriate, have become, through reorganization, economic or budgetary units of State Housing before 6 March 1945 belonged to companies with private equity or joint will be sold under the terms of the evaluation , integral or payment in installments of the price and sales exemption, provided for in law No. 112/1995.
The evaluation and sale of dwellings referred to in paragraph 1. 1 and 2 and in article 13. 1 (1). 1, for which there have been buying-selling contracts up to the date of entry into force of this law, shall be made under the terms of Decree-Law No. 61/90 and of the present law, supplemented by the provisions relating to depreciation coefficients of Decree nr. 93/1977 at a price depending on crawled up the increase in the national minimum wage per country at the date of purchase, against the existing at the date of entry into force of law No. 85/1992.
Art. 1 (1). 2 apply correspondingly.
Benefit from the provisions of paragraph 1. 1 and tenants who are not employees of the owning units.
Housing intervention within the meaning of this law are those intended for accommodation of staff units economic or budgetary that, through the employment contract, meets or functions that require a permanent presence, or in an emergency, within the unit. These homes are not sold.
Economic or budgetary units can hold and build their own housing funds, intended for hiring out of employees, with the lease contract of employment enhancement. Administration module and the eventual disposal of such housing will be established for the boards of management units, respectively.
Housing service in rural areas, intended for medical staff, teaching staff, other professionals or the Interior Ministry, are not sold.


Article 8 Construction. 7, running and up to date retained nominal entry into force of this law may be sold with the approval of the governing bodies of legal persons that you have in the property, under the terms of art. 2. Article 9 amounts received from the sale of homes, according to art. 6, 7 and 8, will be used with priority for eventual repayment of loans contracted for carrying out housing.

Differences remaining after repayment of credits referred to in paragraph 1. 1 and interest payments will be used as resources for investment financing, housing construction for the completion of work in progress, which will remain in the future in the economic and budgetary units.


Article 10 where in a building are several homes and spaces with another destination, along with their ownership is acquired and property rights on the shares of constructions and installations, as well as on the facilities which, by their very nature, may not be used other than in the ordinary.
Property rights referred to in paragraph 1. 1 is acquired regardless of the staircase or floor on which are located the dwelling space and other destination.
Property rights referred to in paragraph 1. 1 is acquired and building land plot, as was determined by the authorization or their technical data measurements of the land plot.
For people who acquire their homes under the terms of Decree-Law No. 61/90 and of the present law, the assignment of the land is made under the terms of art. 36 para. 2 of law No. 18/1991).
Persons who cannot acquire the right of ownership of land in Romania will receive in the form of concession, the odds of related courses throughout the building's existence.
Property rights referred to in paragraph 1. 1, 3 and 4 shall be determined in proportion to the odds on the surface of the housing and built spaces with another destination.
— — — — — — — — *) Law No. 18/1991 was republished in the Official Gazette of Romania, part I, no. 1 of 5 January 1998.


Article 11 in the case of the sale of homes. 1, art. 2 (2). 4 and art. 7, with payment in instalments of the price when the contract will pay a minimum of 10% of the price of the home.
Monthly rates for the payment of the consideration will be foreseeable financial consequences of housing for a period of not more than 25 years, with an annual interest rate of 4%.
Can't buy homes with paying the price in rates individuals who, in their family, they have other private dwelling.
The family, in the meaning that is governed by the provisions of art. 15 para. 2 of law No. 5/1973, which owns several homes with rent, purchase, under the present law and Decree-Law No. 61/90, only one dwelling.


Article 12 shall be levied by the advance units saleswoman with conclusion of the contract and the monthly, including interest, shall be paid as follows: a) by employees, by withholding payment from State's chenzina;
  

b) by retirees, through pension deductions;
  

c) by other categories of buyers, by paying at the cash desks of the C.E.C., provided for in the contract.
  

Proceeds from advance from monthly price for homes constructed from State funds pour in full on the budgets of municipalities, towns or communes that had located their respective homes.
Paragraphs 1 and 2. 2 ^ 1. Eliminated-— — — — — — — —-. 2 ^ 1 of art. 12 has been removed as a result of the rejection of the EMERGENCY ORDINANCE nr. 98 of 29 June 2000 and published in the Official Gazette No. 302 of 3 July 2000 by law No. 330 of 28 June 2001 published in the Official Gazette No. 358 of 4 July 2001.
The amounts derived from the sale at auction of construction financed from State funds, referred to in art. 2 (2). 1, art. 3 paragraphs 1 and 2. 1 and art. 6 paragraph 1. 1 in addition, do the local budgets of local authorities on whose territory the respective constructions are located, to be used only for completion of other homes that are in various stages of construction and for which funding from the State funds. In the event that there is no housing work in progress in the administrative and territorial unit, these amounts will be disbursed in accordance with para. 2. The amounts resulting from the receipt of interest, in the case of dwellings built from State funds, the spill from the State budget, after apprehension, by owning units or saleswoman, for tracking spending and keeping accounting rates, which will fit into a share of a fourth of the interest referred to in article 1. 11(2). 2. Article 13 For keeping in the age of up to 30 years, lease holders, or distribution, or, where appropriate, issued until the date of entry into force of this law, the interest rate will be 2 percent.


Article 14 the provisions of art. benefit 13 persons referred to in art. 10 of Decree-Law No. 61/90, and the persons referred to in art. 8, art. 9 *) and art. 10 of law No. 42/90 *) for the veneration of the martyrs and heroes-granting rights to their offspring, the wounded, as well as fighters for the revolution of December 1989.
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*) Art. 9 of law No. 42/1990, republished, was repealed by law No. 209 of 15 December 1997, published in Official Gazette of Romania, part I, no. 361 of 16 December 1997.
*) Law No. 42/1990 was republished in the Official Gazette of Romania, part I, no. 198 of 23 august 1996.


Article 15 the provisions of art. 11 applies to contracts with payment in instalments, which price shall be terminated with effect from the date of entry into force of this law.
In the case of nonpayment within specified time limits the monthly rates of the price, the buyer will pay an interest rate of 8% per annum over these rates.
In the event of non-payment of instalments due by 6 purchaser dwelling unit will be able to ask the saleswoman enforcement over housing and discharge licensee, in accordance with the law.
Until full payment of the price, October housing under this law may not be transferred or restructured without prior authorisation of the saleswoman. Unit price guarantee its collection of art by entering the mortgage over housing, operation is exempt from stamp duty.


Article 16 of the home sale value is calculated at market prices reported by an authorised expert according to the law.
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Art. 16 was modified by art. 1 of law No. 244 of 5 December 2011, published in MONITORUL OFICIAL nr. 884 December 14, 2011.


Article 17 housing and construction prescribed by this law may be purchased only by individuals with Romanian citizenship or legal person with its headquarters in Romania.


Article 18 within 30 days of the entry into force of this law, the Government will approve the technical standards for the evaluation, as well as the conditions under which it will hold auctions. 2, 3 and 6.


Article 19 the sale/purchase contracts concluded in breach of the provisions of Decree-Law No. 61/90 and of the present law are struck by absolute nullity.
Nullity may be invoked by any person and on any path.
These constables will host detection and referral of cases to the courts for determining invalidity and restore the previous situation. From the amounts returned to the purchasers shall withhold the rent corresponding to the period of the contracts until the refund. Amounts repaid shall bear no interest and no updates.


Article 20 entry into force of the present law shall repeal art. 4 of Decree-Law No. 61/90, as well as any other provisions to the contrary.
Level of interest rates on loans contracted under Decree-Law No. 61/1990 remains as provided for in that legislation.


Annex to the public sale prices of housing constructed from State funds before 1 January 1977, provided for in the annex. 1 to Decree-Law No. 61/90, shall be completed as follows: ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ 1 room 2 rooms degree ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ comfort Area price per flat Surface useful useful price apartment (mp) (Lions) (mp) (lei) ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ Comfort III 21 48,300 34 77,100 ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ 3 rooms 4 rooms degree ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ comfort Area price per flat Surface useful useful price apartment (SQM) (lei) (mp) (lei) ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ Comfort III 45 100,300 56 127,600 ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ At housing pricing in other areas than those in the table, for the difference in the surface add or subtract as many Lions every 2,220 m² usable area for housing comfort III.
For homes with lower degree of comfort degree III, price per apartment and the price for sqm surface usable shall be computed by applying the 10% reduction in prices corresponding degree III.
Note: homes built from State funds, regardless of the degree of comfort and missing some installations, the following terms apply correction: subtract ─ ─ ─ ─ ─ ─ ─ ─ ─ ─-Lack of objects and related plants for:-bathtub-dwelling 3,740 lei/lei per dwelling unit with 1,445-Lavatories 1,445 lei/housing-kitchen sink 1,445 lei per dwelling — — — — — —