Law No. 112 of 25 November 1995 (* updated *) for regulating the legal situation of immovable property intended for housing passed in State ownership (applicable as from 1 February 2013 *)-PARLIAMENT ISSUING — — — — — — — — — — — —-Parliament adopts this law.
Chapter 1 General provisions general provisions Article 1 the previous owners-individuals you with housing destination buildings, passed as is owned by the State or other legal persons, after March 6, 1945, with the title, and that they were in possession of the State or other legal persons, on 22 December, 1989, shall receive remedial action provided for in this law.
The provisions of paragraphs 1 and 2. 1 benefit heirs to former owners, according to the law.
Article 2 persons referred to in art. 1 shall be eligible for restitution in kind, through online order retrieve ownership in their apartments as tenants or those that are free, while for other apartments receive compensation pursuant to article. 12. In the case of the State-owned apartments for which they received compensation, if they are occupied by former owners or are loose, they shall be returned in kind. Online order retrieve the property right is subject to repayment by way of compensation, updated terms and conditions. 13. Article 3 the purpose of this apartment, law, means the housing consists of one or more rooms, with full, garages and annexes thereto, including household rooms, basements, huts, bridges and the like, whether they are on the same level or at different levels and which, at the date of transition in State ownership, constitute the only stand-alone dwelling unit as was determined by the construction.
The apartment, as defined in paragraph 1. 1, remain treated as such, regardless of whether the subsequent passage of State-owned, have conducted constructive changes the Interior was taken in as representing two or more apartments.
To accept, supraetajarile, facilities, utilities and any other construction, which exceed the last State-owned apartment, and for losses attributable to the provisions of article 5 shall apply. 13. Article 4 of the provisions of this law shall enjoy the Romanian citizens.
Chapter 2 the refund refund nature nature of Article 5 If the former owner or its heirs lived on 22 December 1989 as tenants in State-owned apartments last month, they become owners of apartment living, under the present law.
Where several heirs lived on 22 December 1989, each in a State-owned apartment in the past from the former owner, they become the owners of the apartment in question.
The former owner or heirs, where they lived from December 22, 1989 in the same apartment with other tenants, become owners of the whole flat, as it is defined in art. 3. Discharge of tenants and owners in possession of implementation will be made only after the granting of the benefit of an adequate housing by public authorities or by the owners.
Heirs, for the purposes of this law, are reckoned as the succession of acceptanţii from the date of application referred to in article 1. 14. If relatives up to the second degree of the former owner in the life lived on 22 December 1989 rent apartment taken over by the State, are the property of their apartments, with the written consent of the owner, if they live and at the date of entry into force of this law. Consent will be given in the form.
Article 6 final decision date of remaining on the Commission under article 4. 15, which ordered the refund of the flat in nature, be reversed-without the conditions laid down in the civil code-necessary expenses, useful and voluptorii made by previous owners or their heirs, as tenants, and the unit that administered the apartment, taking into account the provisions of art. 3. rental Contracts of the former owners, their heirs and relatives up to the second degree of the former owner in life and drive that had the apartment management lapses, law school, on the same date.
Chapter 3 protection of tenants tenant Protection Article 7 rental Contracts concluded on the basis of law No. 5/1973 concerning the management of the housing stock and the regulation of relations between landlords and tenants, to apartments in buildings. 1, are extended, in law, for a period of 5 years from the date of final decision whether the Commission provided for in article 10. 15 the last paragraph.
Employers referred to in article. 5 para. 3 will benefit from the extension of the period of lease contracts, legal provisions in force relating to the construction of an own housing through State support or priority in assigning housing housing fund administered by local governments.
Not benefit from the provisions of paragraph 1. 1 and 2 and can be discharged after one year after the entry into force of the present law: a) the tenant or members of his family-husband, wife, children-who have acquired or disposed of before 1 January 1990, in the locality of residence, appropriate housing rules set out in law No. 5/1973;
b) tenant refuses to take into use another appropriate dwelling, according to law No. 5/1973;
c) tenant that the dwelling without the consent of the owner of subinchiriaza;
d) tenant who has fully or partially changed the destination inside the apartment structure times, without the consent of the owner.
Former owners or their heirs and relatives up to the second degree of the former owner in life, benefiting from the provisions of art. 5 para. 3, subroga, referred to in art. 6 the rights and obligations of the legal-born who previously owned, rented the apartment.
The level of rent is that established by law.
Any disputes between the landlord and tenants are the exclusive competence of the courts.
Article 8 For the expenditure incurred by tenants with compensation on account of rent, in accordance with the law, which are based on the corresponding documents and obvious to the units who owned the apartments, will continue offsetting the rent due from the new owner.
Article 9 (1) contract holders you have Tenants of apartments which are not returned in the nature of the former owners or their heirs may opt, after the expiry of the period provided for in art. 14, for the purchase of these apartments with full payment or installment price.
(2) the provisions of the preceding paragraph also benefit tenants who occupy the dwelling spaces made by extending the space originally built.
(3) in the case of renting apartments or pay in installments, at the conclusion of the contract will be paid an advance of at least 30% of the price of the apartment. Monthly rates for the payment of the equivalent of the apartment will be esalona over a maximum period of 15 years with an interest, which represent half of the interest determined annually by reference National Bank of Romania.
(4) the keeping, married before 30 years of age as well as persons over 60 years of age will pay an advance of 10% and the payment in monthly installments shall be eşalonează for a period of not more than 20 years.
(5) the Commission assessing the proper specialized units and apartments for sale is 1% of their value.
(6) exception from paragraph 1. 1 tenants or their family-husband, wife, children-who have acquired or disposed of a private dwelling after 1 January 1990, the place of domicile.
(7) tenants who do not have opportunities to purchase materials in apartment living can remain in the dwelling space concerned, paying the rent fixed by law.
— — — — — — — — —-. (8) article. 9 c was repealed. ţ) of art. Act No. 230 71 of 3 June 2011 published in MONITORUL OFICIAL nr. 409 of 10 June 2011.
Article 10 (1) shall be exempted from the sale of the apartments which, at the date of entry into force of this law, shall enjoy special amenities such as swimming pool, sauna, greenhouse, wine cellar, bar, cellar or cold room.
(2) Are also exempted from selling homes that they had intended as guest houses, protocol and those used as residences for former and current public officials.
— — — — — — — — —-. (2) of article 9. 10 was modified by art. 62 of the Act No. 422 of 18 July 2001 published in the Official Gazette No. 407 of 24 July 2001.
Article 11 legal acts of disposal concluded with violation of art. 9 para. 6 and art. 10 hit of absolute nullity.
Chapter 4 setting and the granting of compensation setting and the granting of compensation in article 12
Previous owners or, where appropriate, their heirs are entitled to request indemnification payments for apartments in nature and related to land or, although eligible for restitution in kind, to opt for compensation.
Article 13 the amount of compensation to be granted to former owners and their heirs, for payments in the nature of apartments, as well as the sale price, as applicable, shall be determined on the basis of the provisions of Decree No. 93/1977, of Decree-Law No. 61/1990 and law No. 85/1992, republished, and plots, on the basis of Criteria relating to the establishment and evaluation of land assets of the companies with state capital No. from 28 February 1992 2,665, drafted by the Ministry of finance and Ministry of public works and town and country planning, with subsequent additions. The values thus calculated coefficients will apply the update, which will not be smaller than the coefficient of increase in average salaries per economy.
The total amount of refund claims in nature and due to the nature of the payments that apartments and related courses may not exceed the amount of the average hourly wage income of a person for a period of 20 years computed from the date of the determination of compensation.
If the former owner or his heirs or relatives up to the second degree of the former owner in life shall be returned in the nature of an apartment as prescribed. 2, the amount of which, calculated according to paragraph 1. 1, exceeds the amount referred to in paragraph 1. 2, they can't be forced to pay the difference.
Payment of indemnity shall be made by the Ministry of finance, through its decentralised public services, at the level of counties, Bucharest and Ilfov agricultural sector in bank accounts or indicated by C.E.C. beneficiaries of compensation on the basis of the instrument by which compensation is available and communicated in accordance with article 4. 19, after 12 months from completion of the evaluation, but not less than 24 months.
The amount of compensation set out in the previous conditions are updated at the time of payment, taking as its basis the average salary on economy in the last month of the quarter expired.
At the disposal of the Ministry of finance budget Fund for ensuring implementation of the provisions of this law, which will nurture: a) the amounts derived from the sale of the apartments that have not returned in nature, covering pay rates, advances, integral and interest, after deducting the fee of 1% of the value of the apartments;
b) amounts obtained from the release of loans with this destination, as provided by law. 91/1993 relating to the public debt.
From the Fund thus constituted shall be carried out in the following order: expenses of compensation payment due)-under this law-owners and their heirs;
b) pay for the repayment of the loans and the payment of the costs arising from these loans by the State;
c) building housing, to be distributed with priority tenants are in the situation referred to in article 1. 5 para. 3. Article 14 Persons entitled to restitution in the nature of the apartments or, where appropriate, the indemnification will submit applications in this regard, within 6 months after the entry into force of the law.
Article 15 Requests under article 4. 14 shall be addressed to the Commission, the City Council established under art. 16, within which is located the apartment in question.
The application must include complete data for the identification of the applicant, the quality of owner or heir, as appropriate, noting that it has been addressed or will be addressed with a similar application and other commissions (County, municipality of Bucharest, Ilfov agricultural sector), and any other entries that would help him in possession of the apartment or between claims that are yours. At the request of thus formulated, the petitioner must attach certified copy of proof of the right or property, or the deceased whom he inherited upon his apartment requested returned in nature or for which it is to receive compensation, a copy of the lease, where calls to be returned in the nature of the apartment that you hold this title and any other documents which it considers necessary for the realization of the right.
Where, after the adoption of the decision of the County Commission, other people with vocation portion, the dispute shall be settled according to the common law.
If the former owner or heirs seek compensation for its apartments located in different counties, they will be noted in the request the Commission judeţeana they choose for their establishment. The Commission will request the necessary relations chosen, including the assessment of the county committees in whose apartments are situated within the RADIUS, in order to determine the amount of compensation under this law.
Decisions for refunds in nature are issued by county committees, whose RADIUS is situated apartments.
Article 16 within 45 days of the publication of the law in the Official Gazette of Romania, local councils, city or municipal, where appropriate, propose the establishment of special commissions to the authority to receive the applications and check paperwork.
Committees shall be appointed by order of the Commissioner within 15 days from the registration of proposals.
The proposals of these commissions, along with applications and documents submitted by the former owners or their heirs and relatives up to the second degree of the former owner in your life, it will be transmitted within 30 days, the County Commission.
The Commission judeţeana pursuant to the provisions of this law shall comprise: * President: President of the County Council;
* Members: notary public or its delegate;
-the Director-general of the Directorate of public finances and the district financial control;
-County Director of planning, public works and regional planning;
-Head of the Legal Department of the County Council;
2-6-specialists in the following areas: household housing and construction land and studied;
Secretary-Secretary to the County Council.
In the same manner will constitute committees for Bucharest and Ilfov agricultural sector, led by the Mayor and the President.
Nominal component of the commissions referred to in this article shall be established by order of the school prefects.
Article 17 Committees established under art. 391. 4 will be established, within 60 days of the receipt of the proposals submitted by local commissions to former owners or their heirs and relatives up to the second degree of the former owner in return life in nature, providing compensation, the amount of these damages and will deliver its judgment in this regard within 5 days, the decisions will be communicated to in writing to the former owners or their heirs and relatives up to the second degree of the former owner from tenants in apartments, life will be repaid in kind, as well as legal persons who own apartments. Evaluation of the apartments will be done by specialised technical committees as designated by the county committees or of Bucharest and Ilfov agricultural sector.
Committees shall decide by a majority vote of their members.
Article 18 decisions of the county committees of the Commission, Bucharest and Ilfov agricultural sector Committee are subject to judicial control, according to the civil law, and can be appealed within 30 days of the communication.
County Commissioners, Commission Commission Bucharest, Ilfov agricultural sector and of the commissions, as well as all public servants involved in the application of this law, meeting the late, wrong, or do not comply with their duties, they are responsible, as appropriate, disciplinary or criminal material.
Article 19 decisions of the boards of County Commission, Bucharest, the agricultural sector, as well as court orders, final, shall be communicated to the petitioner and to the Mayor of the village, town, or municipality of Bucharest sector as appropriate.
Final court decisions are communicated and commissions which have issued rulings that have been the subject of worldwide judgment.
Article 20 the acts listed in article 1(1). 19 shall be transmitted to the beneficiaries and in the decentralized public services review, referred to in art. 13(2). 4. Chapter 5 other provisions other provisions Article 21 together with the refund in the nature and acquisition of ownership of apartments and it acquires ownership of the plots, as were determined at the date of transition in State ownership, with the exception of the occupied areas and other related construction and building projects completed with legal approval, after that date.
In the event that the apartment be handed back in nature was in a building with several apartments, former owners or their heirs acquired equity from the property of indiviză over all parts of constructions and installations, as well as on the facilities, which, by their very nature, may not be used in common.
Share ownership is acquired regardless of the building, or floor on which is located the apartment.
In terms of land, paragraph 1. 1 and 2 shall apply accordingly.
Shares of property covered by this article shall be determined in proportion to the area.
By the decision of the County Commission and a final judgement, as appropriate, the recipient of the refund in the nature of the apartment will be asked for the inclusion in the law or the evidence. The judgment of the County Commission, or, where applicable, final judgment, constitutes the property title.
Chapter 6 final provisions the final Provisions Article 23 Special Procedures for obtaining the necessary documentation to the rights provided for in this law, as well as real estate advertising are exempt from stamp duty.
Article 24 (1) settlement on the return of, or compensation for the buildings intended for housing passed in State ownership shall be made only in accordance with the provisions of this law.
— — — — — — — — —-. (2) of article 9. 24 was repealed by the letter f) of art. 83, title V of law No. 76 of 24 may 2012, published in MONITORUL OFICIAL nr. 365 of 30 may 2012.
Article 25 by special laws shall regulate the legal situations of other real estate than those covered by this law, the State-owned prior to December 22, 1989, regardless of their original destination, including the demolished for public interest causes.
Article 26 the former owners of buildings intended for housing passed into State ownership or other legal person, with payment of compensation, no redressive measures provided for in this law, except as provided for in art. 2 (2). 2. the measures provided for in this law, the remedies did not apply in the case of buildings intended for housing passed into State property through criminal judgments pursuant to law No. 18/1968.
Land areas taken over by the State or other legal persons, on 22 December, 1989 in their possession in excess of the corresponding area, shall remain the property of the State.
Article 27 right to be compensated according to the provisions of this law shall be paid to current and former owners, their heirs, respectively you housing destination buildings with past as such, owned by the State or other legal persons after March 6, 1945, which were disposed of until December 22, 1989, through sale-purchase or by other forms of individuals.
Article 28 within 30 days of the publication of this law in the Official Gazette, the Government will establish, by decision, detailed rules for the application of the law.
Article 29 this law shall enter into force 60 days after its publication in the Official Gazette of Romania.
This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 28 June 1995, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania, and it was reexaminata by the Chamber of deputies at its meeting of 26 September 1995 and by the Senate at its meeting on 9 November 1995, under art. 145 Abdel. (1) of the Constitution, following the decision of the Constitutional Court No. 73 of 19 July 1995).
*) Decision was published in the Official Gazette of Romania, part I, no. 177 of 8 august 1995.
p. CHAMBER of DEPUTIES PRESIDENT JOHN p. QADER RADU VASILE, SENATE PRESIDENT-— — — — — — — — — — — — — — — —