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Law No. 76 Of 23 July 1994

Original Language Title:  LEGE nr. 76 din 23 iulie 1994

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LEGE No. 76 of 23 July 1994 to amend and supplement Law no. 85/1992 on the sale of dwellings and premises with other destination built from state funds and from the funds of the state economic or budgetary units
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 196 of July 29, 1994



The Romanian Parliament adopts this law + Article 1 Law no. 85/1992 on the sale of dwellings and premises with another destination built from the funds of the State and from the funds of the state economic or budgetary units shall be amended and supplemented as follows: 1. Article 1, paragraphs 2 and 3 shall be amended and shall read as follows: " They are exempted from the provisions of par. 1 dwellings exceeding the maximum areas provided for in the normative acts on the basis of which the dwellings from the state funds and from the funds of the state economic and budgetary units were executed, as well as those presenting, at the date of sale, finishes superior equivalent to special works of art or ornamental or that benefit from special facilities such as: swimming pool, sauna, greenhouse, wine cellar, bar-vinoteca, cold room or the like. Also exempted are protocol dwellings that have served or serve dignitaries or other persons elected or appointed to positions as housing for the duration of the function, even if they are subsequently removed from the housing records. protocol. " 2. Article 2 (2) is amended and shall read as follows: " I take exception to the provisions of para. 1 dwellings, in progress that pass, through protocol, without payment, in the patrimony of the Romanian Parliament, the Ministry of National Defence, the Ministry of Interior, the Romanian Intelligence Service, the Protection and Guard Service, the Ministry of Justice-The General Directorate of Prisons, as well as those they build through their own investment plans or acquires them using budget allocations that ensure for this purpose. These homes are subject to the housing regime provided in art. 1 1 para. 3 3. " 3. Article 4 is amended and shall read as follows: "" ART. 4-Garages built from state funds or from funds of state economic or budgetary units can be bought by tenancy holders, without auction. The sale price of these premises shall be determined by the amount of circulation from the date of sale. ' 4. in Article 7, after paragraph 1, two paragraphs are inserted, with the following contents: " They will also be sold on request, under the provisions of par. 1 and in compliance with art. 1 1 para. 3, tenderers of tenancy contracts and dwellings that before August 6, 1945 belonged to state institutions, autonomous regions and state-owned companies that ceased their existence after that date or, as the case may be, became, by reorganization, economic units or state budgeting. Evaluation and sale of houses provided in par. 1 and 2 and to art. 1 1 para. 1, for which no sale-purchase contracts have been concluded until the date of entry into force of this law, will be made under the terms of Decree-Law no. 61/1990 and of the present law, supplemented with the provisions regarding the wear coefficients of Decree no. 93/1977, at an indexed price according to the increase of the gross minimum wage per country on the date of purchase, compared to the one existing on the date of entry into force of Law no. 85/1992 .. " 5. The current paragraphs 4 and 5 of Article 7 shall be amended and replaced by three paragraphs, with the following contents: " The intervention dwellings, for the purposes of this law, are those intended for the accommodation of the personnel of the economic or budgetary units who, through the employment contract, perform activities or functions that require presence, permanence or in case of emergency, in the units. These lodgings don't sell. Economic or budgetary units may own and build from their own funds service housing, intended for the rental of their employees, with an accessory rental contract to the employment contract. The mode of administration and the eventual alienation of these homes will be determined by the boards of directors, respectively by the heads of the units. Rural service dwellings, intended for medical, teaching staff, other specialists or staff of the Ministry of Interior, shall not be sold. " 6. Article 9 (3) shall be repealed. 7. Article 10 (3) and (4) are amended and shall read as follows: " The right of property provided in par. 1 is also acquired on the land related to the building, as determined by the building permit or the technical sheets of land measurements related to the building. For persons who acquire housing under the terms of Decree-Law no. 61/1990 and of this law, the assignment of the land is made under the conditions of 35 35 para. 2 2 of Law no. 18/1991 18/1991. " 8. Article 11 (4) is amended and shall read as follows: " Family, within the meaning regulated by the provisions of art. 15 15 para. 2 2 of Law no. 5/1973, which owns several homes with rent, can buy, under the present law and Decree-Law no. 61/1990 61/1990, just one place. " 9. Article 12 (2) is amended and shall read as follows: "The amounts collected from the advance and from the monthly rates of the price for housing built from the state funds shall be paid in full to the budgets of the municipalities, towns or communes in which the respective dwellings are located." 10. After paragraph 2 of Article 12, a new paragraph is inserted, with the following contents: " Amounts obtained from the sale at auction of constructions financed by state funds, provided in art. 2 2 para. 1 1, art. 3 3 para. 1 1 and art. 6 6 para. 1, shall be retained outside the local budgets, at the level of the local public authorities in whose territorial area the respective constructions are located, to be used only for the completion of the other dwellings at different stages of execution and for which funding from state funds is continued. In a situation where there are no longer homes in progress in the administrative-territorial unit, the respective amounts will be paid according to par. 2 2. " 11. Article 15 (4) shall be completed and shall read as follows: " Until the full payment of the price, the dwelling acquired under the conditions of this law cannot be alienated or restructured without the prior authorization of the seller unit. The seller unit guarantees its collection of the price by registering the mortgage on the home, an operation that is exempt from the stamp duty. " 12. Article 19 (1) is amended and shall read as follows: " Sale-purchase contracts concluded in violation of the provisions of Decree-Law no. 61/1990 and of this law are struck by absolute nullity. " + Article 2 Law no. 85/1992 on the sale of housing and spaces with another destination built from state funds and from the funds of the state economic or budgetary units, with the amendments made by this law, shall be republished in the Official Gazette of Romania. This law was adopted by the Chamber of Deputies at the meeting of July 6, 1994, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN This law was adopted by the Senate at the meeting of July 6, 1994, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN -----------------------------