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Law No. 112 Of 25 November 1995 To Regularize The Situation Of Some Buildings Intended For Housing Passed Into State Ownership

Original Language Title:  LEGE nr. 112 din 25 noiembrie 1995 pentru reglementarea situaţiei juridice a unor imobile cu destinaţia de locuinţe, trecute în proprietatea statului

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LEGE no. 112 of 25 November 1995 (* updated *) for the regulation of the legal situation of buildings with the destination of housing, passed into state property ((applicable from 1 February 2013 *)
ISSUER PARLIAMENT




---------------- The Romanian Parliament adopts this law + Chapter 1 General provisions General provisions + Article 1 Former owners-natural persons-of buildings with the destination of housing, passed as such in the property of the state or other legal persons, after March 6, 1945, by title, and who were in possession of the state or other legal entities at December 1989, shall benefit from the remedies provided for by this Law. The provisions of par. 1 also benefits the heirs of former owners, according to the + Article 2 Persons referred to in art. 1 benefits from the restitution in kind, by restoring the ownership of the apartments in which they live as tenants or those who are free, and for the other apartments receive compensation under the conditions of art. 12. In the case of apartments passed into the property of the state for which compensation has been received, if they are occupied by former owners or are free, they are returned to nature. The repossession of the right of property is conditional on the refund of the amount received as compensation, updated under the provisions of art. 13. + Article 3 By apartment, for the purposes of this law, it is understood the dwelling composed of one or more rooms, with the dependencies, garages and related household annexes, including service rooms, bridges, cellars, sheds and the like, regardless of whether are located at the same level or at different levels and which, at the time of the passage into state ownership, constituted a single housing unit in its own right, as determined by the construction. The apartment, as defined in para. 1, remains considered as such, regardless of whether, after the transition into state ownership, interior constructive changes were made or it was taken into account as representing two or more apartments. For additions, overflow, facilities, utilities and any other constructions, which exced the apartment passed into the state property, as well as for the losses of value, attributable, the provisions of art. 13. + Article 4 The provisions of this law benefit Romanian citizens. + Chapter 2 Restitution in kind Restitution in kind + Article 5 If the former owner or his heirs lived on December 22, 1989 as tenants in the apartments passed into the state property, they become the owners of the inhabited apartment, under the conditions of this law. If several heirs were living on December 22, 1989 each in an apartment passed into the state property from the former owner, they become the owners of that apartment. The former owner or his heirs, if they lived on December 22, 1989 in the same apartment as other tenants, become the owners of the entire apartment, as defined in art. 3. The eviction of tenants and the possession of the owners will be made only after the actual granting of a proper housing by the public authorities or by the owner. The heirs, for the purposes of this law, shall be counted as the acceptants of the succession from the date of submission of the application provided for in 14. If relatives up to the second degree of the former owner alive lived on 22 December 1989 with rent in the apartments taken over by the state from it, the apartments become their property, with the written consent of the owner, if they also live on the date of entry into force of this Law. Consent will be given in authentic form. + Article 6 On the date of final stay of the decision of the commission provided in 15, which ordered the restitution in kind of the apartment, shall be compensated by right-without fulfilling the conditions established by the Civil Code-the necessary, useful expenses and voluptors made by the former owners or their heirs, in quality of tenants, and the unit that managed the apartment, also taking into account the provisions of art. 3. The rental contracts between the former owners, their heirs, as well as the relatives up to the second degree of the former owner in life and the unit that had the apartment in administration cease, rightfully, on the same date. + Chapter 3 Protection of tenants Protection of tenants + Article 7 Rental contracts concluded on the basis of Law no. 5/1973 on the administration of the housing stock and the regulation of relations between owners and tenants, for the apartments in the buildings provided in art. 1, shall be extended, by right, for a period of 5 years from the date of final stay of the decision of the commission provided for in art. 15 last paragraph. Tenants provided in art. 5 5 para. 3 will benefit, during the period of extension of the rental contracts, from the legal provisions in force regarding the construction of an own home through the support of its state of priority in the award of a dwelling from the housing stock administered by local public authorities. It does not benefit from par. 1 1 and 2 and may be evacuated after the passage of a year after the entry into force of this Law: a) the tenured tenant or members of his family-husband, wife, minor children-who acquired or were estranged after January 1, 1990, in the locality of domicile, a dwelling corresponding to the norms established by Law no. 5/1973 ; b) the tenant who refuses to take into use another appropriate dwelling, according to Law no. 5/1973 ; c) the tenant who subrents the dwelling without the owner's consent; d) the tenant who totally or partially changed the destination or interior structure of the apartment, without the consent of the owner. Former owners or their heirs and relatives up to the second degree of the former owner in life, who benefit from the provisions of art. 5 5 para. 3, subroga, on the date provided in art. 6, in the rights and legal obligations-born of those who previously held, with rent, the apartment. The level of rents is the one established by law. Any disputes between the landlord and the tenants are the sole jurisdiction of the courts. + Article 8 For expenses incurred by tenants with compensation on rent, under the law, which are based on appropriate documents and records at the units that owned the apartments, will continue the compensation from the rent due to the new owner. + Article 9 (1) The tenured tenants of the apartments not returned in the nature of the former owners or their heirs may opt, after the expiry of the term provided for in art. 14, for the purchase of these apartments with full payment or in price rates. (2) The provisions of the previous paragraph also benefit tenants who occupy housing spaces realized by the expansion of the originally built space. (3) In case of sale of apartments with payment in installments, at the conclusion of the contract an advance of at least 30% of the apartment price will be paid. The monthly rates for the payment of the value of the apartment will be staggered for a maximum period of 15 years, with an interest rate representing half of the reference interest rate established annually by the National Bank of Romania. (4) Married young people, up to 30 years of age, as well as people past 60 will pay an advance of 10%, and the payment in monthly installments is staggered over a maximum period of 20 years. (5) The commission due to specialized units that assess and sell apartments is 1% of their value. (6) I am an exception to the provisions of para. 1 tenured tenants or their family members-husband, wife, minor children-who acquired or alienated a personal property home after January 1, 1990, in the home town. ((7) Tenants who do not have material possibilities to buy the apartment in which they live may continue to remain in the respective housing space, paying the rent established by law. ((8) Abrogat. ---------- Alin. ((8) of art. 9 9 has been repealed by letter t) art. 230 of LAW no. 71 71 of 3 June 2011 published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 10 (1) The apartments that, at the date of entry into force of the law, benefit from special facilities, such as swimming pool, sauna, greenhouse, wine cellar, bar, vinoteca or cold room are exempted from sale. (2) There are also exempted from sale the dwellings that had the destination of guest houses, of protocol, as well as those used as residences for former and current dignitaries. ---------- Alin. ((2) of art. 10 10 has been amended by art. 62 of LAW no. 422 422 of 18 July 2001 published in MONITORUL OFFICIAL no. 407 407 of 24 July 2001. + Article 11 Legal acts of alienation concluded in violation of art. 9 9 para. 6 6 and art. 10 are hit by absolute nullity. + Chapter 4 Establishment and award of compensation Establishment and award of compensation + Article 12 The former owners or, as the case may be, their heirs are entitled to seek compensation for the unredeemed apartments in nature and for the related land or, although they meet the conditions for restitution in kind, to opt-in for the award of damages. + Article 13 The amount of compensation granted to the former owners and their heirs, for the unrepaid apartments in kind, as well as the sale price, as the case may be, shall be determined on the basis of the Decree no. 93/1977 ,, of Decree-Law no. 61/1990 and ale Law no. 85/1992 , republished, and the value of the related land, based on the Criteria on the establishment and valuation of land in the patrimony of companies with state capital no. 2.665 of February 28, 1992, elaborated by the Ministry of Finance and the Ministry of Public Works and Spatial Planning, with subsequent additions. The values thus calculated will apply the discount coefficients, which will not be lower than the coefficient of increase of average salary incomes on the economy. The total amount of the apartment returned in kind and the compensation due for the unrepaid apartments in kind and for the related land cannot exceed the amount of the average salary income on economy of a person for a period of 20 years, calculated on the date of establishment of the compensation. If the former owner or his heirs or relatives up to the second degree of the former owner in life are returned to the nature of an apartment according to the provisions of art. 2, whose value, calculated according to par. 1, exceeds the amount provided in par. 2, they cannot be forced to pay the difference. The payment of compensation is made by the Ministry of Finance, through its decentralized public services, from the counties, the city of Bucharest and the agricultural sector Ilfov, in the bank accounts or C.E.C., indicated by the beneficiaries compensation, on the basis of the act ordering the granting of compensation and communicated according to art. 19, 12 months after the end of the evaluation works, but not later than 24 months. The amount of compensation established under the previous conditions is updated on the date of payment, taking as the basis the average salary on economy in the last month of the At the disposal of the Ministry of Finance is the extra-budgetary fund to ensure the implementation of the provisions of this law, which will be fed from: a) the amounts obtained from the sale of apartments that have not been returned in kind, representing full payments, advances, rates and interest, after deduction of the commission of 1% of the value of the apartments; b) the amounts obtained from the launch of state loans with this destination, under the conditions provided by Law no. 91/1993 on public debt. From the fund thus constituted expenses will be made in the following order: a) payment of due compensation-under the terms of this law-to their owners and heirs; b) payments for the refund of the contracted loans and the payment of the costs arising from these state loans; c) construction of housing, to be distributed as a priority to tenants in the situation provided in art. 5 5 para. 3. + Article 14 Persons entitled to the restitution in kind of apartments or, as the case may be, to the granting of compensation will submit applications in this regard, within 6 months from the entry into force of the law. + Article 15 Applications provided for in art. 14 will be addressed to the local council commission, established according to art. 16, within which the apartment in question is located. The application must include the complete identification data of the applicant, the status of its owner or heir, as the case may be, the mention that he addressed or is to address with a similar request to other (county, county) commissions. the city of Bucharest, the Ilfov agricultural sector), as well as any other mentions to help him take possession of the apartment or the compensation that is due to him. At the request thus formulated, the petitioner is obliged to attach legalized copy of the act that proves the right or property of the deceased he inherits on the apartment requested to be returned to him in kind or for which is to receive compensation, the copy of the lease, if it requests that it be returned to the nature of the apartment it holds with that title, and any other acts it deems necessary in the realization of the his right. If, after the adoption of the decision of the county commission, other persons with a succession vocation appear, the dispute is resolved according to the common law. If the former owner or his heirs requests compensation for apartments located in different counties, they will mention in the request the county commission they choose to establish them. The elected commission will ask for the necessary relations, including the evaluation from the county commissions in whose radius the apartments are located, in order to establish the amount of compensation under the present law. Decisions for refunds in kind shall be issued by the county commissions on whose radius the apartments are located. + Article 16 Within 45 days from the date of publication of the law in the Official Gazette of Romania, local, city or municipal councils, as the case may be, propose the establishment of special commissions invested with the competence to receive applications and verify the documents. The committees shall be appointed by the prefect's order within 15 days of the registration of the proposals. The proposals of these commissions, together with the applications and documents submitted by the former owners or their heirs and relatives up to the second degree of the former owner in life, will be transmitted, within 30 days, to the county commission. The county commission for the application of the provisions of this law consists of * president:-president of the county council * members:-notary public or delegate thereof; -the general manager of the county department of public finances and state financial control; -the director of the county department of urbanism, public works and spatial planning; -head of the county council's contentious service; -2-6 specialists from the fields: housing and expertise in construction and land; -secretary-county council secretary. In the same way will be the commissions for the city of Bucharest and the agricultural sector Ilfov, led by the general mayor and president, respectively. The nominal composition of the commissions provided for in this article will be determined by order of the prefects. + Article 17 The committees constituted according to art. 16 16 para. 4 will determine, within 60 days of receipt of proposals submitted by local commissions, the right of former owners or their heirs and relatives up to the second degree of the former owner alive for restitution in the nature, the granting of compensation, the amount of these damages and will issue judgments in this regard Within 5 days, the decisions will be communicated, in writing, to former owners or their heirs and relatives up to the second degree of the former owner alive, to tenants in the apartments who will be returned to nature, as well as legal entities that own the apartments. The evaluation of the apartments will be done by specialized technical commissions designated by the county commissions or the city of Bucharest and the agricultural sector Ilfov. The committees decide with the majority vote of their members. + Article 18 The decisions of the county commissions, the commission of the city of Bucharest and the committee of the Ilfov agricultural sector are subject to judicial control, according to the civil law, and can be appealed within 30 days of communication. The members of the county commissions, of the commission of the city of Bucharest, of the committee of the Ilfov agricultural sector and of the local commissions, as well as all the civil servants involved in the application of this law, who perform their duties, respond, as appropriate, to disciplinary, material or criminal. + Article 19 The decisions of the county commissions, of the commission of the city of Bucharest, of the committee of the Ilfov agricultural sector, as well as the judicial decisions, remaining final, are communicated to the petitioner and the mayor of the commune Bucharest Municipality, as applicable. The final remaining court decisions shall also be communicated to the committees which issued the judgments which were the subject of the judgment. + Article 20 The documents provided in art. 19 are transmitted, in original, to the beneficiaries and, in copy, to the decentralized public services mentioned in art. 13 13 para. 4. + Chapter 5 Other provisions Other provisions + Article 21 A date with restitution in kind and the acquisition of ownership of the apartments is also acquired the ownership of the related land, as determined on the date of passage into state property, except areas occupied and related to other constructions and publishing facilities made, with legal approvals, after this date. + Article 22 If the apartment that is returned to nature is located in a building with several apartments, the former owners or their heirs acquire the share of the individual property on all parts of construction and installations, such as and on the facilities, which, by their nature, can only be used jointly. The share of the property is acquired regardless of the building, staircase or floor to which the apartment is located. As regards land, the provisions of paragraph 1 1 and 2 shall apply accordingly. The property shares referred to in this Article shall be determined in proportion to the built area. Based on the decision of the county commission and the court decision, final, as the case may be, the beneficiary of the refund in kind of the apartment will ask for the registration of his right The decision of the county commission or, as the case may be, the final court decision constitutes title. + Chapter 6 Final provisions Final provisions + Article 23 Special procedures and those for obtaining the necessary documentation for the realization of the rights provided by this law, as well as the forms of real estate advertising are exempt from stamp duty. + Article 24 (1) The resolution of applications for restitution in kind or compensation for buildings with the destination of dwellings passed into state property shall be made only under the provisions of this law. ((2) Abrogat. ---------- Alin. ((2) of art. 24 24 was repealed by letter f) a art. 83, Title V of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 25 Special laws will regulate the legal situations of other buildings than those covered by this law, passed into state property before December 22, 1989, regardless of their original destination, including those demolished. for causes of public utility. + Article 26 Former owners of buildings with the destination of dwellings passed into the property of the state or other legal entities, with the payment of compensation, no longer benefit from the remedies provided by this law, except in the cases provided for in art. 2 2 para. 2. The remedies provided for by this law do not apply to buildings with the destination of dwellings passed into state property by criminal court decisions or under Law no. 18/1968 . The land areas taken over by the state or by other legal entities, on December 22, 1989 in their possession and exceeding the area related to the constructions, remain the property of the state. + Article 27 The right to be compensated, according to the provisions of this law, is also granted to former owners, respectively to their heirs, of buildings with the destination of housing, passed as such in the property of the state or other legal entities after 6 March 1945, which were estranged until December 22, 1989, by sale-purchase or by other forms to individuals. + Article 28 Within 30 days of the publication of this law in the Official Gazette of Romania, the Government will establish, by decision, the methodological norms for the application of the law. + Article 29 This law shall enter into force 60 days from the date of its publication in the Official Gazette of Romania. This law was adopted by the Chamber of Deputies and the Senate at the joint meeting of June 28, 1995, in compliance with the provisions of 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution, and was re-examined by the Chamber of Deputies at the meeting of September 26, 1995 and by the Senate at the meeting of November 9, 1995 according to art. 145 145 para. ((1) of the Constitution, following Constitutional Court Decision no. 73 73 of 19 July 1995 * *). *) The decision was published in the Official Gazette of Romania, Part I, no. 177 177 of 8 August 1995. p. CHAMBER OF DEPUTIES PRESIDENT JOHN GAVRA p. SENATE PRESIDENT RADU VASILE -----------------