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Law No. 85 Of 22 July 1992 * Republished On 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 *** Republicată privind vânzarea de locuinţe şi spaţii cu alta destinaţie construite din fondurile statului şi din fondurile unităţilor economice sau bugetare de stat

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LEGE no. 85 85 of 22 July 1992 (** republished) (* updated *) 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 ((updated until 17 December 2011 *)
ISSUER GOVERNMENT




---------- ** **) Republicated pursuant to art. II of Law no. 79/1997 , published in the Official Gazette of Romania, Part I, no. 87 87 of 12 May 1997. Law no. 85/1992 was published in the Official Gazette of Romania, Part I, no. 180 of 29 July 1992, and has been republished in the Official Gazette of Romania, Part I, no. 260 260 of 15 September 1994. + Article 1 Homes built from state funds can be bought by tenancy holders, with full or in price payments, under the conditions. Decree-Law no. 61/1990 on the sale of houses built from state funds to the population and the present law. They are exempted from the provisions of par. 1 dwellings exceeding the maximum areas provided for in the normative acts under which the dwellings of the state funds and 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. Protocol dwellings, which have served or serve dignitaries or other persons elected or appointed to positions as housing for the duration of the office, are also exempted, even if they are subsequently removed from the housing records. protocol. + Article 2 Construction of housing funded by state funds, pending and nominally undistributed until the date of entry into force of this law, which cannot be finished and sold under the regulations in force, may be sold on apartments, on the levels, on the stairs, on the sections of buildings or entirely, by public auction. I am exception to the provisions of para. 1 the houses under execution that pass, by 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. --------- Article 2 (2) art. 2 returned to the form previously had EMERGENCY ORDINANCE no. 98 98 of 29 June 2000 ,, by rejecting this normative act by LAW no. 330 330 of 28 June 2001 , published in MONITORUL OFFICIAL no. 358 358 of 4 July 2001. The auctions are organised by local councils. The housing provided in par. 1, distributed or for which antecontracts or sales contracts have been concluded-purchase until the date of entry into force of this law, can be bought by the beneficiaries of the distribution act or by the holders of the sale-purchase, without auction, at the value of the works carried out by the owner unit, under the conditions of 1. The price from which the auction begins shall be determined by the proprietary units, taking into account the physical stage of execution, plus the related design expenses. From the price obtained at the auction, to cover the expenses of record and sale, the units benefit from a commission of up to 1%. + Article 3 Spaces for trade and service activities, small industry and any other similar activities, located in the construction of housing in the course of execution and owned by the autonomous regions specialising in the administration of homes or local councils, can be sold at public auction, under the conditions of art. 2. On equal offers the priority shall be given to the auctioning of the premises provided in par. 1 natural and legal persons who have concluded conventions or other documents equivalent to proprietary autonomous regions or local councils, for the rental of those premises, if, on the basis of a building permit issued according to the law, these persons carried out expenses for the execution of construction works or installations in order to complete these spaces. The price from which the auction begins is determined under the conditions provided in art. 2 2 para. 5. The spaces provided in par. 1, owned by companies, are considered active and can be sold according to the law. + Article 4 Garages built from state funds, from funds of state economic or budgetary units or which before March 6, 1945 belonged to institutions or companies with private capital can be bought by the holders of Rental, no auction. The selling price of these premises shall be determined at the circulation value from the date of sale. + Article 5 Natural or legal persons who have acquired ownership of construction in the course of execution are obliged to obtain, according to the law, the authorization for the continuation of the works and to ensure their execution under the conditions and at the time limits for authorisation. + Article 6 Dwellings built from state funds and funds of state economic or budgetary units, which are not the subject of a lease or for which no distribution orders have been issued, as well as those that have as contract holder rental a legal person may be sold by public auction organized by the local councils or economic agents who own the respective spaces. When determining the price from which the auction begins, the provisions of art. 2 2 para. 5. It is exempted from the sale by public auction the dwellings made from the state funds and from the funds of the state economic or budgetary units, which have as holder of the lease a non-profit legal person who use the exclusive space for the purpose for which it was rented. ----------- Article 2 (2) art. 6 returned to the form previously had EMERGENCY ORDINANCE no. 98 98 of 29 June 2000 ,, by rejecting this normative act by LAW no. 330 330 of 28 June 2001 , published in MONITORUL OFFICIAL no. 358 358 of 4 July 2001. Paragraph 3. Removed ---------- Paragraph 3 of the art. 6 was removed as a result of the rejection of the Emergency Ordinance no. 98 98 of 29 June 2000 published in MONITORUL OFFICIAL no. 302 302 of 3 July 2000 by LAW no. 330 330 of 28 June 2001 published in MONITORUL OFFICIAL no. 358 358 of 4 July 2001. + Article 7 Dwellings built from the funds of the state economic or budgetary units, until the date of entry into force of this law, other than intervention housing, will be sold to the tenderers of the tenancy contracts, upon their request, with payment full or in price ratios, under the conditions Decree-Law no. 61/1990 and of the present law. 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 housing that before March 6, 1945 belonged to autonomous regions, institutions and companies with state capital, mixed or private, that ceased their existence after this date or, as the case may be, become, through reorganization, economic or budgetary units of state. Housing that before March 6, 1945 belonged to private or mixed-owned companies will be sold under the conditions of valuation, full payment or in price and exemption rates from the sale, provided for in Law no. 112/1995 . Evaluation and sale of houses provided in par. 1 and 2 and to art. 1 1 para. 1, for which no sales contracts have been concluded until the date of entry into force of this law, will be made under the conditions Decree-Law no. 61/1990 and of the present law, supplemented with the provisions relating to 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 . Article 1 (1) 2 2 shall apply accordingly. Benefit from the provisions of para. 1 and tenants who are not the employees of the proprietary units. Intervention dwellings, for the purposes of this law, are those intended for the accommodation of personnel of 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 homes 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 housing, intended for medical, teaching staff, other specialists or staff of the Ministry of Interior, is not sold. + Article 8 The constructions provided in art. 7, in the course of execution and nominally undistributed until the date of entry into force of this law, can be sold with the approval of the governing bodies of the legal entities that have them in the property, under the conditions of art. 2. + Article 9 Amounts collected from the sale of homes, according to art. 6, 7 and 8, will be used as a priority to return any loans contracted for the execution of homes. The remaining differences after the repayment of the loans provided in 1 and interest payment will be used as resources to finance investments, to complete construction of housing under execution, which will remain in the property of state economic and budgetary units in the future. + Article 10 If in a building there are several dwellings and spaces with another destination, a date with the ownership of them is acquired and the ownership on the shares-parts of constructions and installations, as well as on the facilities that, by their nature, can only be used jointly. The right of property provided in par. 1 is acquired regardless of the section, staircase or floor to which the dwelling and the space with another destination are located. 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 by the technical sheets of land measurements related to the building. For people who acquire housing under the conditions Decree-Law no. 61/1990 and of the present law, the assignment of the land is made art. 36 36 para. 2 2 of Law no. 18/1991 * *). Persons who cannot acquire land ownership in Romania will receive, in the form of concession, the related land quotas, for the duration of the existence of the building. The right of property provided in par. 1, 3 and 4 shall be determined on quotas, in proportion to the built area of dwellings and premises with another destination. -------- * *) Law no. 18/1991 was republished in the Official Gazette of Romania, Part I, no. 1 1 of 5 January 1998. + Article 11 In the case of the sale of housing provided 1 1, art. 2 2 para. 4 4 and art. 7, with payment in installments of the price, at the conclusion of the contract will be paid a minimum advance of 10% of the home price The monthly rates for the payment of the value of the home will be staggered for a maximum period of 25 years, with an annual interest rate of 4%. I cannot buy housing with the payment of price in installments people who, in their family, have another personal property home. Family, within the meaning regulated by the provisions art. 15 15 para. 2 2 of Law no. 5/1973 , which owns several houses with rent, can buy, under the terms of this law and the Decree-Law no. 61/1990 ,, just one place. + Article 12 The advance is collected by the seller units with the conclusion of the contract, and the monthly rates, including the related interest rates, will be paid as follows: a) by employees, by withholding on the payment state at the second chenzina; b) by pensioners, by deductions from retirement; c) by other categories of buyers, by paying at the C.E.C. counters, in the account provided for in the contract. The amounts collected from the advance and from the monthly price rates for dwellings 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. Paragraph 2 ^ 1. Removed ---------- Paragraph 2 ^ 1 of the art. 12 was removed as a result of the rejection of the Emergency Ordinance no. 98 98 of 29 June 2000 published in MONITORUL OFFICIAL no. 302 302 of 3 July 2000 by LAW no. 330 330 of 28 June 2001 published in MONITORUL OFFICIAL no. 358 358 of 4 July 2001. 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. The amounts resulting from the interest collection, in the case of dwellings built from state funds, shall be paid to the state budget, after the detention, by the owner or seller units, of the expenses for tracking and keeping the records of the rates, which will be within a quota of one-fourth of the interest provided in art. 11 11 para. 2. + Article 13 For young people up to 30 years of age, holders of lease or distribution contract, concluded or, as the case may be, issued until the date of entry into force of this law, the interest rate will be 2%. + Article 14 The provisions of art. 13 the persons referred to in art. 10 of Decree-Law no. 61/1990 , and the persons referred to in art. 8 8, art. 9 9 *) and art. 10 10 of Law no. 42/1990 **) for honoring the heroes-martyrs and granting rights to their descendants, the wounded, as well as the fighters for the victory of the Revolution of December 1989. -------- * *) Article 9 of Law no. 42/1990 , republished, was repealed by Law no. 209 of 15 December 1997, published in the Official Gazette of Romania, Part I, no. 361 361 of 16 December 1997. ** **) Law no. 42/1990 was republished in the Official Gazette of Romania, Part I, no. 198 198 of 23 August 1996. + Article 15 Art. 11 applies to contracts with payment in installments of the price, which will end with effect from the date of entry into force of this law. In case of non-payment at the set deadlines of monthly rates from the price of the home, the buyer will pay an interest of 8% per year on these rates. In case of non-payment of 6 rates due by the buyer of the home, the seller unit will be able to ask for forced execution on the home and the evacuation of the holder, under the law. Until the full payment of the price, the dwelling acquired under the present 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. + Article 16 The sale value of the home is calculated relative to the market price by an authorized expert, under the law. ---------- Article 16 has been amended by art. I of LAW no. 244 244 of 5 December 2011 , published in MONITORUL OFFICIAL no. 884 884 of 14 December 2011. + Article 17 The dwellings and constructions provided by this law can be bought only by individuals with Romanian citizenship or legal persons who are based in Romania. + Article 18 Within 30 days from the entry into force of this law, the Government will approve the technical evaluation norms, as well as the conditions under which the tenders provided for in art. 2 2, 3 and 6. + Article 19 Sales contracts concluded in violation of the provisions Decree-Law no. 61/1990 and of the present law are struck by absolute nullity. Nullity can be invoked by any person and by any way. The prefects will organize the detection of these cases and the complaint of the courts for finding nullity and restoring the previous situation From the amounts that are returned to the buyers, the rent related to the period from the contracting to the refund will be withheld. The amounts returned shall not be interest-bearing nor shall they be updated. + Article 20 On the date of entry into force of this Law, the art. 4 of Decree-Law no. 61/1990 ,, as well as any other provisions to the contrary. Interest rates on loans contracted on the basis of Decree-Law no. 61/1990 remains the one provided in that normative act. + Annex Sales prices to the population of dwellings built from state funds before 1 January 1977, set out in Annex no. 1 1 to Decree-Law no. 61/1990 ,, shall be completed as follows: ════════════════════════════════════════════════════════════════════════════ 1 1 room 2 rooms The degree of ---------------------------- ------------------------ Surface comfort Price on Surface Price per useful apartment apartment (sqm) (lei) (sqm) (lei) ════════════════════════════════════════════════════════════════════════════ Comfort III 21 48.300 34 77.100 ════════════════════════════════════════════════════════════════════════════ ════════════════════════════════════════════════════════════════════════════ 3 rooms 4 rooms The degree of ---------------------------- ------------------------ Surface comfort Price on Surface Price per useful apartment apartment (sqm) (lei) (sqm) (lei) ════════════════════════════════════════════════════════════════════════════ Comfort III 45 100.300 56 127.600 ════════════════════════════════════════════════════════════════════════════ When determining housing prices with surfaces other than those in the table, for the surface difference add or decrease 2,220 lei of each sqm useful surface for comfort dwellings III. For dwellings with lower comfort degree III, the price per apartment and the price for sqm useful area are determined by applying the 10% reduction to the prices corresponding to grade III. NOTE: At homes built from state funds, regardless of the degree of comfort and lack of some installations, the following terms of correction are applied: Subtract ---------- -Lack of objects and facilities related to: -bath tub 3,740 lei/dwelling -lavoar 1.445 lei/dwelling -W.C. 1.445 lei/dwelling -kitchen sink 1.445 lei/dwelling ------