LEGE no. 7 7 of 13 March 1996 (** republished) (* updated *) cadastre and real estate advertising ((updated until 30 June 2016 *)
ISSUER
PARLIAMENT
---------- Note ... ---------- ** **) Republicated pursuant to the provisions art. III of Law no. 150/2015 to amend and supplement Law of cadastre and real estate advertising no. 7/1996 , published in the Official Gazette of Romania, Part I, no. 459 of 25 June 2015, giving the texts a new numbering. Law of cadastre and real estate advertising no. 7/1996 was also republished in the Official Gazette of Romania, Part I, no. 83 of 7 February 2013 and subsequently amended and supplemented by: - Law no. 127/2013 on approval Government Emergency Ordinance no. 121/2011 for the modification and completion of some normative acts, published in the Official Gazette of Romania, Part I, no. 246 246 of 29 April 2013; - Law no. 214/2013 for approval Government Emergency Ordinance no. 4/2013 on the amendment Law no. 76/2012 for the implementation of Law no. 134/2010 on the Civil Procedure Code, as well as for the modification and completion of some related normative acts, published in the Official Gazette of Romania, Part I, no. 388 388 of 28 June 2013; - Law no. 221/2013 on approval Government Emergency Ordinance no. 12/2013 for the regulation of financial-fiscal measures and the extension of certain deadlines and amending and supplementing certain normative acts, published in the Official Gazette of Romania, Part I, no. 434 of 17 July 2013 and corrected in the Official Gazette of Romania, Part I, no. 456 456 of 24 July 2013; - Government Emergency Ordinance no. 8/2014 for the modification and completion of certain normative acts and other fiscal-budgetary measures, published in the Official Gazette of Romania, Part I, no. 151 of 28 February 2014, approved with amendments by Law no. 197/2015 , published in the Official Gazette of Romania, Part I, no. 529 of 16 July 2015, as amended; - Government Emergency Ordinance no. 11/2014 on the adoption of reorganization measures at the level of the central public administration and for the modification and completion of some normative acts, published in the Official Gazette of Romania, Part I, no. 203 203 of 21 March 2014, approved by Law no. 145/2015 , published in the Official Gazette of Romania, Part I, no. 428 428 of 16 June 2015; - Law no. 68/2014 for amendment of para. ((1) art. 29 of the Law on cadastre and real estate advertising no. 7/1996 and a Law no. 17/2014 on certain measures to regulate the sale of agricultural land located in extravilan and amending Law no. 268/2001 on the privatization of companies holding in administration land public and private property of the state with agricultural destination and the establishment of the State Domains Agency, published in the Official Gazette of Romania, Part I, no. 352 352 of 13 May 2014. ---------- + Title I General regime of cadastre and real estate advertising + Chapter I General provisions + Article 1 (1) The cadastre and the land registry form a uniform and compulsory system of technical, economic and legal records, of national importance, of all buildings on the entire territory of the country. The purpose of this system is ... a) the determination of technical, economic and legal information relating to buildings; ... b) ensuring the publicity of real estate rights, personal rights, legal acts and deeds, as well as any other legal relations, through the land registry; ... c) providing data to public institutions of the state, necessary for the taxation system and the real estate market ... d) help ensure the security of real estate transactions and facilitate mortgage credit. ... (2) The cadastre carries out the identification, measurement, description and registration of buildings in cadastral documents and their representation on cadastral maps and plans. ... (3) The land registry includes the description of the buildings and the enrolments related to real estate rights, personal rights, acts, deeds or legal relations related to the buildings. ... (4) The records of the buildings registered in the cadastral plan and in the land register shall be carried out and updated ex officio, at the request of the persons concerned or at the initiative of the Public authorities and rightholders on buildings have the obligation to support the creation and updating of the cadastre by making available free of charge data and information held. Local public administration authorities are obliged to provide information, technical and other support, within the limits of competences, to the creation and updating of the cadastre and land registry system. ... (5) By immovable, for the purposes of this law, it is understood the land, with or without construction, from the territory of an administrative-territorial unit, belonging to one or more owners, which is identified by a unique cadastral number. ... ((6) The property defined in par. ((5) is entered in a land book. ... (7) The basic entities of this system are the property and the owner. ... + Article 2 (1) The cadastre is carried out at the level of administrative-territorial units, by cadastral sectors. The cadastral sector is the surface unit bounded by stable linear elements over time-roads, waters, canals, embankments, railways, etc. ... (2) The integrated system of cadastre and land registry shall be carried out: ... a) identification, description and registration in the cadastral documents of buildings by their nature, their measurement and representation on maps and cadastral plans, as well as the storage of data on computer media; ... b) identification and registration of owners, other legal owners of buildings and owners; ... c) providing the necessary data to the system of taxes and fees for the correct establishment of tax obligations of taxpayers, requested by the competent institutions; ... d) real estate advertising, which ensures the opposability of real estate rights, personal rights, legal acts and deeds, as well as any legal relations subject to advertising, relating to buildings. ... (3) The cadastral plan contains the graphic representation of the limits of the buildings in an administrative-territorial unit, which are part of the land registry, as well as their cadastral numbers. The cadastral plan is updated by cadastre inspectors from cadastre and real estate advertising offices. ... (4) The rectification of the coordinates of the buildings registered in the cadastral plan can be made at the request of interested persons or ex officio, by the cadastre office and real estate advertising. ... (5) The cadastral plan extract represents the section of the cadastral plan, with the representation of the property and the neighbouring ones, the dimensions of its sides, as well as the date of the last update of the graphical database managed by the National Agency of Cadastre and Real Estate Advertising. ... + Article 3 (1) The National Agency for Cadastre and Real Estate Advertising, hereinafter referred to as the National Agency, shall be organized as a public institution with legal personality, subordinated to the Government and in coordination of the Ministry of Regional Development and Public Administration. ... ((2) At the level of each county and in Bucharest, the cadastre and real estate advertising offices, hereinafter referred to as territorial offices, are established, as units with legal personality subordinated to the National Agency, by reorganizing the current county offices of cadastre, geodesy and cartography and of the city of Bucharest and of the land registry offices. ... (3) By December 31, 2016, at the level of each judicial district will be constituted and will operate at least one office of cadastre and real estate advertising, hereinafter referred to as territorial office, or, as the case may be, a relations office with the public, as units without legal personality, subordinated to the territorial offices. The organization and functioning, the number, as well as their arondation on administrative-territorial units shall be established by order of a normative nature of the Director General of the National Agency. ... (4) In order to specialize the cooperation relations between the administrative-territorial unit, the courts, public notaries and the National Agency or, as the case may be, the territorial office, the mayor, the president of the court or the Superior Council of the Magistracy and the President of the National Union of Public Notaries of Romania or of the Chamber of Public Notaries establish by provision the persons from their specialized structure who collaborate directly with the National Agency or, as the case may be, with the territorial office, under the conditions established by the cooperation protocol concluded between the National Agency and the aforementioned institutions. ... (5) In application of the provisions (4), the National Agency shall establish regular working meetings with the collaborators, in order to identify the modality of improving the services provided by the institution. ... (6) In fulfilling their obligations, central and local public authorities, public institutions, courts, public notaries, judicial experts, persons authorized to carry out cadastre, geodesy, cartography and photogrammetry, as well as bailiffs have free, direct, permanent, personal or representative access, to the online platform and services of the integrated cadastre and land registry system, under the conditions regulated by order of Director General of the National Agency ... ---------- Alin. ((6) of art. 3 3 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((6 ^ 1) By order of the Director General of the National Agency provided in par. (6) the right of access for any other persons and entities shall be granted and revoked, the datasets, the tariff per unit of time, the mode and the payment term shall be established. The right of access can be revoked individually under the conditions laid down by the technical rules, without prior notice, and expires with the end of the period for which the tariff was paid. ---------- Alin. (6 ^ 1) of art. 3 3 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (6 ^ 2) Online access for entities that have specific tasks, provided in par. (6), is allowed in order to consult the land book, the cadastral plan, to obtain by electronic means the cadastral data necessary for the preparation and transmission, including by electronic means, of the instruments and cadastral documentation handled, in the purpose of enrolling them in the land book, as well as in other situations regulated by the order provided in par. ((6). ---------- Alin. (6 ^ 2) of art. 3 3 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (6 ^ 3) The National Agency shall ensure by 31 December 2017 the implementation of these provisions. ---------- Alin. (6 ^ 3) of art. 3 3 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((6 ^ 4) The procedure of communication of documents to territorial offices will be established by cooperation protocols approved by decision of the Council of the National Union of Public Notaries of Romania, respectively by decision of the Council of the National Union of Bailiffs, and by order of a normative nature of the Director General of the National Agency, protocols that will be published in the Official Gazette of Romania, Part I. ---------- Alin. (6 ^ 4) of art. 3 3 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (7) The on-line provision of cadastre and real estate advertising services can be made available to other interested individuals and legal entities, according to procedures established by order of a normative nature of the Director General of the Agency National. ... (8) Under the National Agency operates the National Cartography Center, as an institution with legal personality, which takes over the entire patrimony and the staff of the National Center for Geodesy, Cartography, Photogrammetry and Teledetection. ... (9) The National Agency is headed by a 9-member board of directors, including representatives from the public and private sector, appointed exclusively on the basis of professional competence, one of which is the Director-General of the Agency National and Chairman of the Board. ... (10) Members of the Management Board and the Director-General shall be appointed and removed from office by decision of the Prime Minister, at the proposal of the Minister of Regional Development and Public Administration ... (11) The organization, functioning, powers and powers of the board of directors and of the general manager shall be established by the regulation of organization and functioning of the National Agency, which is approved by decision *) of the Government. ... Note ... ---------- * *) See Government Decision no. 1.288/2012 for the approval of the Regulation on the organization and functioning of the National Agency for Cadastre and Real Estate Advertising, published in the Official Gazette of Romania, Part I, no. 894 of 28 December 2012, as amended. ---------- (12) The members of the board of directors receive a meeting allowance, which is paid from the budget of the National Agency. The amount of the meeting allowance is approved by order of the Director General, at the proposal of the Board of Directors, and is 20% of the basic salary of the Director General. The Secretary of the Management Board shall receive a meeting allowance approved by the Management Board, at the proposal of the Director General; its amount shall be 7% of the basic salary of the Director-General of the National Agency. ... (13) The Director-General is authorising officer and represents the National Agency internally and internationally. In the performance of duties and responsibilities, the Director-General shall issue orders of an individual and normative nature. The normative orders shall be published in the Official Gazette of Romania, Part I. ... (14) The National Agency shall annually develop a detailed activity report and a financial report on the revenues and expenditures of the previous budget year, identifying how the activities and financial results of the National Agency have respected the annual revenue and expenditure budget approved, as well as the provisions of the National Cadastre and Land Registry Program. ... (15) The activity report and the financial report made according to par. (14) are presented to the board of directors and approved by the Ministry of Regional Development and Public Administration. These documents will be published annually on the National Agency's website. ... + Chapter II Organization of cadastre activity + Article 4 National Agency has the following main tasks: a) coordinate and control the execution of cadastre works and ensure the registration of buildings in the real estate advertising register throughout the country; ... b) control the execution of cartography, topography, geodesy, photogrammetry and remote sensing works throughout the country; ... c) develop regulations and norms, promote techniques, processes and specialized methodologies compatible with those of the European Union, according to scientific and technical progress in the field of cadastre, geodesy, cartography and advertising real estate; ... d) authorizes the natural and legal persons who can execute specialized works in the fields of cadastre, geodesy and cartography, on the territory of Romania, under the special law governing the establishment of their professional union; ... e) organize and manage the national geodesy and cartography fund, as well as the database of the integrated cadastre and land registry system; ... f) ensures, under the law, the execution, completion, modernization and maintenance in the state of use of the national geodetic network; ... g) ensure the execution and updating of official maps; ... h) endorses the topographic content of maps, plans, atlases, guides and other cartographic documents intended for public use; ... i) make available to public authorities and other interested institutions, under the law, summary statistical situations regarding land and constructions; ... j) performs the tasks resulting from international commitments in its field of activity; ... k) participate in the organization and coordination of measurements for the application of land laws; ... l) technically endorses the expertise carried out by the judicial experts in the specialty of topography, geodesy and cadastre regarding the correctness of the topographic data used, at the request of the courts. The above-mentioned opinions will be given by the territorial office on the basis of a common regulation, developed by the National Agency and the Ministry of Justice; ... m) ensure the registration of real rights that are constituted, transmitted, modified or extinguished, at the request of the public notary or the holder of the right or other interested persons; ... n) ensure the registration of remedies against land registry records; ... o) ensure the registration of other legal relations, personal rights, prohibitions, incapacities and judicial disputes in connection with the immovable property; ... p) ensures the continuous professional training and the training of the personnel through the Center for Vocational Training of the National Agency, an institution without legal personality, through the Romanian Notarial Institute or through other competent entities; ... q) realizes, updates and manages the national electronic register of street nomenclatures; ... r) realizes and maintains the INSPIRE geopportal of Romania and ensures its compatibility with the INSPIRE geopportal of the European Union, performs other duties Government Ordinance no. 4/2010 on the establishment of national infrastructure for spatial information in Romania, republished; ... s) also performs other duties related to the specific activity. ... + Article 5 (1) The street nomenclature is approved by decision of the local council, it is organized on each locality and represents the unitary primary record that serves to assign the name of the street and the administrative number. ... (2) The national electronic register of street nomenclatures represents the unique national reference system, in which street nomenclatures are registered from the level of communes, cities and municipalities. The register is mandatory to use by central and local public administration institutions and authorities in the specific activity. The National Agency shall ensure public institutions and authorities, as well as public notaries free and free access to the register ... (3) The local public administration authorities have the obligation to provide and update the data on their own street nomenclature from the electronic register of street nomenclatures. ... (4) The modification of the administrative address of the property is noted in the land register. By exception to the provisions of art. 31 31 para. ((1), the conclusion by which the change of the administrative address is ordered shall be communicated only at the request of the person concerned. ... + Article 6 (1) The duties and responsibilities of the territorial offices, as well as of the National Cartography Center shall be established by the regulations of their organization and functioning, approved by order of the Director General of the National Agency. ... (2) Reception of works, executed by natural and legal persons authorized under the conditions of art. 4 lit. d), shall be carried out by the National Agency or by the territorial offices, as appropriate. ... (3) The information recorded in the integrated cadastre and land registry system can be rendered and archived in the form of records, on supports accessible to automatic data processing equipment. They have the same legal effects and the evidential force equivalent to that of the documents under which they were registered. ... (4) Administration of the database provided in par. (3) shall be carried out by the National Agency and the territorial offices. The consultation of the cadastral-legal situation of a building registered in the database can be done by any person using the identification data of the property. ... (5) Applications for registration, as well as those for obtaining information, will also be able to be done in electronic format, being registered and processed with equivalent legal effects. Communications of terminations, extracts, copies of documents or plans can be made in electronic or paper form, as requested. ... + Article 7 ((1) Institutions in the field of defence, public order and national security may execute, with their own personal and means, in the specific field of activity, the works of geodesy, gravimetry, topography, photogrammetry and cartography required defence, public order and national security, in accordance with its technical standards and standards, approved by orders of the heads of such institutions. ... ((2) The institutions in the field of defense, public order and national security may execute, with their own personnel and means, in the specific field of activity, the cadastre works, according to the technical norms of the National Agency. ... (3) Own staff referred to in par. (1) and (2) is authorized by the National Agency, under the conditions of this law. ... + Article 8 Geodetic and cartographic data interested in defending the country, public order and national security shall be preserved, as appropriate, by the competent institutions according to the field of activity. + Article 9 (1) The National Agency shall be financed from its own revenues and subsidies granted from the state budget through the budget of the Ministry of Regional Development and Public Administration. ... (2) Subvention from the state budget shall be granted for the financing of personnel expenses, other than those related to the National Cadastre and Land Registry Program, for the current and capital expenditures of the National Agency and of the units subordinated, as well as for expenses related to projects financed from reimbursable and non-refundable external funds under the law. ... (3) The own revenues of the National Agency and subordinated units shall be made up of: ... a) tariffs on services and products supplied; ... b) rental of premises and equipment; ... c) donations and sponsorships received according to the law; ... d) other amounts collected under the law and are used to finance the activities included in the National Cadastre and Land Registry Program, provided in par. ((23), a program that can also be financed from non-reimbursable external funds, as well as from other financial sources allocated from the budget of administrative-territorial units. ... (4) The incomes provided in par. (3) are own revenues of the National Agency and can also be collected through subordinated units. The National Agency shall allocate subsidies and amounts related to its own income to subordinated units. ... ((5) Abrogat. ... ---------- Alin. ((5) of art. 9 9 has been repealed by art. 32 of EMERGENCY ORDINANCE no. 57 57 of 9 December 2015 , published in MONITORUL OFFICIAL no. 923 923 of 11 December 2015. (6) The rates and receipts provided in par. (3) I am not a VAT carrier, in accordance with the provisions art. 127 127 para. ((4)-(6) of Law no. 571/2003 *) on the Fiscal Code, with subsequent amendments and completions. These provisions also apply to all tariffs, taxes, as well as notary fees charged exclusively in the framework of systematic cadastre works carried out in order to register in the land register. ... Note ... ---------- * *) Law no. 227/2015 on the Fiscal Code, published in the Official Gazette of Romania, Part I, no. 688 of 10 September 2015 enters into force on 1 January 2016, according to art. 501 501 of it. On the same date, Law no. 571/2003 on the Fiscal Code, published in the Official Gazette of Romania, Part I, no. 927 of 23 December 2003, with subsequent amendments and completions, according to art. 502 502 para. ((1) of the new normative act. Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions, is deemed to be made at Law no. 227/2015 on Fiscal Code, according to art. 502 502 para. ((2) of the latter. ---------- (7) Payment of fees and charges for the issuance, by public notaries, of the certificate for the registration in the land register of the owner as owner and of the certificates of heir, certificates drawn up regarding the buildings that have made subject to systematic registration, is made by the National Agency, from its own revenues in application of the National Cadastre and Land Registry Program, even after the completion of the systematic registration, provided that the maximum deadlines referred to in paragraph 1. ((9) and art. 11 11 para. ((2) lit. s). ... (8) The procedure for issuing and the deadline for payment of the certificates provided in par. (7) shall be established by protocol concluded between the National Agency and the National Union of Public Notaries in Romania. The Protocol is approved by order of a normative nature of the Director General of the National Agency and Decision of the Council of the National Union of Public Notaries in Romania and is published in the Official Gazette of Romania, Part I. ... ---------- Alin. ((8) of art. 9 9 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (8 ^ 1) The amount of the notarial fee paid by the National Agency for the issuance by the public notaries of the certificates of heir, additional certificates of heir, certificates of legatee and holiday certificates succesorally, drawn up on immovable property that have been subject to systematic registration, it is established, under the law, by joint order of the Minister of Justice and the Director General of the National Agency, which is published in the Gazette Official of Romania, Part I*). ---------- Alin. (8 ^ 1) of art. 9 9 has been introduced by section 4 4 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (9) The payment of the certificates of heir shall be made by the National Agency according to the procedure provided in ((8), with the exception of certificates of heir issued after the completion of a period of 2 years from the date of completion of the systematic registration. ... (10) In the framework of systematic registration works no income tax is due from the transfer of real estate, by way of derogation from the provisions art. 77 ^ 1 para. ((1) and (3) of Law no. 571/2003 *), with subsequent amendments and completions, and no other direct or indirect taxes or fees to the state budget or local budgets. Provisions art. 77 ^ 1 para. ((6) of Law no. 571/2003 , with subsequent amendments and completions, are not applicable in the systematic registration process. ... ---------- *) See the asterisk of art. 9 9 para. ((6). ((11) By way of derogation from provisions art. 77 ^ 1 para. ((6)-(8) of Law no. 571/2003 *), with subsequent amendments and completions, the provisions relating to the calculation, collection and transfer of the income tax from the transfer of real estate are not applicable to the notary acts by which the transfer of the right of property and its dismantling found by certificate of heir, certificate of additional heir or certificate of legatee, issued at the request of the territorial office or secretary of the administrative-territorial unit, in to achieve systematic registration. Provisions art. 77 ^ 1 para. ((6)-(8) of Law no. 571/2003 *), with subsequent amendments and completions, are not applicable to the certificates of enrolment in the land register of the owner as owner. ... ---------- *) See the asterisk of art. 9 9 para. ((6). (12) For the registration in the land register of real rights under the conditions of par. (10) and (11), the land registry registrars do not require proof of fulfilment of the obligation to pay this tax. ... ((13) The tariffs for applications having as object the provision of services provided by the National Agency and its subordinate units may be collected by public notaries on behalf of and on behalf of the National Agency, on receipts made available by The National Agency and inscribed with its identification data, on its own tax receipts, by payment orders, as a result of bank transfers made to the account of the notarial office, by electronic means of payment or any other modalities provided by law. The tariffs collected by the public notaries on the account of the notarial office, under the present law, by any of the means previously provided are transferred, until the 25th of the following month, on behalf of the National Agency, opened with the Treasury State, according to records kept by the notarial office. The methodology for the collection and transfer of real estate advertising tariffs is established by the National Agency and the National Union of Public Notaries in Romania by protocol, which is approved under the conditions of par. ((8). The record of tariffs collected by public notaries under the present law shall be kept separate from the financial-accounting records of the notarial office. ... (13 ^ 1) If the public notaries do not turn the tariffs collected, within the period and under the conditions provided in par. (13), the tariffs, including their related accessories, shall be established by the decision of the territorial office, signed by the director and the chief accounting officer, endorsed by the legality. The decision of the territorial office is enforceable, and enforcement is carried out in compliance with the provisions Law no. 207/2015 on the Fiscal Procedure Code, with subsequent amendments and completions. ---------- Alin. (13 ^ 1) of art. 9 9 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (13 ^ 2) For the failure to pay the tariffs collected by the public notaries at the deadline provided in par. ((13), the provisions apply Law no. 207/2015 , with subsequent amendments and completions, for claims due to the state budget. ---------- Alin. (13 ^ 2) of art. 9 9 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (13 ^ 3) The tariffs provided by this law are budgetary claims assimilated to tax receivables. ---------- Alin. (13 ^ 3) of art. 9 9 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (14) The National Agency and subordinate institutions do not issue tax invoices for the tariffs collected for the provision of services provided in the specific field of activity, applicable provision including situations in which the tariffs are collected by transfer to the account of the notary office according to par. ((13). ... (15) In order to carry out the transfer to the account of the notarial office, the public notary shall issue to the beneficiary a document resulting from the value of the tariff related to the cadastre service and Proof of collection of tariffs by payment orders as a result of bank transfers made in the account of the notarial office is made with the copy of the payment order on its account and by the corresponding mentions from the authentication conclusion, the conclusion the final issued as a result of the succession debate or the conclusion of intabulation and the land book extract, as the case may be. ... ((16) The tariffs for real estate advertising services can also be collected by other institutions or persons, based on the collaboration protocols concluded with the National Agency. ... (17) The tariffs are established, amended and updated by the board of directors and approved by order of a normative nature of the Director General, with the prior opinion of the Ministry of Regional Development and Public Administration. ... (18) The revenues collected shall be transferred to the account of the National Agency opened with the State Treasury. ... (19) The remaining amounts not used at the end of the year of the subsidy granted from the state budget shall be returned to this budget. The subsidy shall not be regularised with its own income and the remaining own income not used at the end of the year shall be carried over to the following ... (20) The National Agency may collaborate with Romanian or foreign specialized natural or legal persons, under the law, in order to achieve objectives of common interest, corresponding to its field of activity. ... (21) The National Agency assumes full responsibility in the implementation of the Project Cadastre and Real Estate Advertising, funded by loan from the International Bank for Reconstruction and Development (IBRD), and the other agreements international involving non-refundable loans or guarantees from the state, previously assumed by the National Office of Cadastre, Geodesy and Cartography, including for the part taken from the Ministry of Justice. ... (22) The National Agency will take all necessary steps to amend the international loan agreements in order to replace the National Office of Cadastre, Geodesy and Cartography and the Ministry of Justice with the National Agency. ... (23) The national cadastre and land registry program is established for the purpose of free registration of buildings in the integrated cadastre and land registry system, realization of the cadastral plan of buildings and opening of land books at the level all administrative-territorial units. ... (24) The cadastral plan of buildings and land books opened according to par. (23) reflects the current technical and legal situation of the buildings. ... (25) In application of the provisions of (23) and (24), as a result of the notification of the chamber of public notaries, according to the 11 11 para. ((2) lit. g) and art. 12 12 para. (4), the public notaries issue the certificates of heir for the undebated succession, namely the certificates of registration of the owner as owner, at the request of the interested persons. ... (26) The national cadastre and land registry program provided in par. (23) is approved by Government decision. ... (27) The national cadastre and land registry program shall include the actions necessary for the development, as well as the amounts thereof and shall consist of activities such as: ... a) cadastral measurements; ... b) activities of geodesy, cartography, topography and photogrammetry; ... c) information and public awareness activities; ... d) development and maintenance of information systems; ... e) conversion of land books and cadastral documentations in analog format in digital format; ... f) the calculation and storage technique; ... g) other activities arising from the development of the National Cadastre and Land Registry Program. ... (28) In order to carry out the National Cadastre and Land Registry Program referred to in par. ((23): ... a) is organized within the National Agency and subordinate units functional compartments for the systematic registration of real estate, whose duties are established by order of the Director General of the National Agency and which mainly follow the coordination of systematic registration works at the level of administrative-territorial units, as well as at national level; ... ---------- Lit. a) a par. ((28) of art. 9 9 has been amended by section 4.2 6 6 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. b) The National Agency may hire staff with fixed-term employment contract, with financing from their own income. The salary of the staff employed with a fixed-term employment contract shall be made at the level of payroll in payment for similar functions in the National Agency or subordinate units, as the case may be. ... c) the job description establishes the attributions corresponding to the level of professional training of all personnel employed within the National Agency and subordinate units, in order to carry out the activities specific to the including reception activities and those corresponding to the National Cadastre and Land Registry Program, regardless of how funding; ... ---------- Lit. c) a par. ((28) of art. 9 9 was introduced by section 4.2. 7 7 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. d) staff employed for the implementation of the National Program under the conditions provided in b) benefit from all salary rights established under the law, similarly to those previously acquired by the staff employed for an indefinite period, with the classification in the budgetary provisions approved with this destination. ... ---------- Lit. d) a par. ((28) of art. 9 9 was introduced by section 4.2. 7 7 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (29) Within the framework of the National Cadastre and Land Registry Program, the systematic registration works started by the administrative-territorial units are also co-financed. ... (30) The amount of co-financing is in the fixed amount of 60 lei/land book. ... (31) If the systematic cadastre works contracted, under the conditions of par. (29), the administrative-territorial units have a lower value than the one established in par. (30), the National Agency will settle a fixed amount, which cannot exceed the value of the contract. ... ((32) Payment for the co-financing provided in par. (31) is made by the National Agency, within the approved budget, after the completion of systematic registration at the level of the cadastral sector, according to a procedure established by the regulation approved by order of the Director General of the Agency National. ... ---------- Alin. ((32) of art. 9 9 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (33) Payment provided in par. (29)-(32) is approved by the Board of Directors of the National Agency, at the express request of the administrative-territorial unit, with the mention of the amount that is requested to be settled. ... (34) The funds related to these works shall be transferred to the account of the administrative-territorial units after the establishment of the land books, and the amount to be transferred will be calculated relative to the total number of land books, in application of the situations particular referred to in par. ((30) and (31). ... (34 ^ 1) Within the framework of the National Cadastre and Land Registry Program, it is financed, under the law, and the systematic registration works that will be initiated by administrative-territorial units, having as object the cadastral sectors within administrative-territorial units, which include buildings from extravilan, regardless of the quality of the right holder, respectively owner, holder of a real right on the property or owner. ---------- Alin. (34 ^ 1) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (34 ^ 2) By exception to the provisions of par. (34 ^ 1), in the administrative-territorial units in which there are no lands in extravilan, the beneficiary administrative-territorial units provided in par. (34 ^ 1) can start the systematic registration works at the level of the cadastral sectors in the intravilan. ---------- Alin. (34 ^ 2) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (34 ^ 3) Financing the systematic registration works provided in par. (34 ^ 1) and (34 ^ 2) shall be made by allocating each administrative-territorial unit of amounts from the budget of the National Agency, through the budgets of the territorial offices, within the approved budget and the agreement of the Board of Directors, on the basis of annual financing contract, which will include clauses regarding the procedure for monitoring the works by the National Agency, through the territorial offices. ---------- Alin. (34 ^ 3) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (34 ^ 4) Allocation of the amounts approved with the destination provided in par. (34 ^ 1) and (34 ^ 2) to the beneficiary administrative-territorial units shall be carried out as a result of the approval by the Management Board, from a distinct position of transfers, from the budget of the National Agency, through the budgets of the territorial offices, and provide complementary funding sources for their budgets. The amounts received by the administrative-territorial units shall be highlighted at a separate position of revenue in their budgets. ---------- Alin. (34 ^ 4) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (34 ^ 5) The National Agency settles the systematic registration works initiated by the administrative-territorial units under the conditions of par. (34 ^ 1) and (34 ^ 2), within the limits provided in par. ((30) and (31). ---------- Alin. (34 ^ 5) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (34 ^ 6) The procedure and method of allocation of amounts, as well as the reporting by beneficiaries of the stage of execution of works shall be established by order of a normative nature of the Director General of the National Agency, which shall be published in the Gazette Official of Romania, Part I*). ---------- Alin. (34 ^ 6) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (34 ^ 7) In order to ensure the complementary financing provided in par. (34 ^ 3) and (34 ^ 4), the administrative-territorial units that intend to start the systematic land registration works at the cadastral sector level to meet the objective of completing the systematic registration at the level cadastral sector, according to par. (34 ^ 1) and (34 ^ 2), have the obligation to transmit to the territorial offices within which the cadastral sectors are located, the request to conclude the financing contract, within 45 days from the entry into force of the procedure provided in par. ((34 ^ 6). ---------- Alin. (34 ^ 7) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (34 ^ 8) On the 5th day after the expiry of the term provided in par. (34 ^ 7), the territorial offices will notify the administrative-territorial units that did not request the conclusion of the financing contract, to request the conclusion of the contract within 15 days from the receipt of the notification, under penalty of loss funding. ---------- Alin. (34 ^ 8) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (34 ^ 9) Administrative-territorial units that initiated systematic registration works through collaboration protocols concluded with the National Agency, as well as administrative-territorial units included in the National Cadastre and Book Program land, through procedures initiated by the National Agency, are exempted from the provisions of par. ((34 ^ 1) and (34 ^ 2). ---------- Alin. (34 ^ 9) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (34 ^ 10) Perform the systematic registration works carried out under the conditions of par. (34 ^ 1) and (34 ^ 2) are made in compliance with the provisions of par. ((7)-(9), as well as the provisions of art. 11 11 para. ((2)-art. 17. ---------- Alin. ((34 ^ 10) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (34 ^ 11) The beneficiary administrative-territorial units of the complementary financing provided in par. (34 ^ 1) and (34 ^ 2) have the obligation to comply with the legislation in the field of public procurement in force, in respect of the organization and conduct of procedures for the award of service contracts, compliance with obligations in financing contracts, as well as the use of the amounts allocated from the budget of the National Agency through the program, according to the destination for which they were allocated. ---------- Alin. (34 ^ 11) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (34 ^ 12) The beneficiary administrative-territorial units have the obligation to submit to the National Agency all the documents necessary for monitoring and financing through the program the objective provided in par. (34 ^ 1) and (34 ^ 2) and are responsible for the reality, accuracy and legality of the data presented. ---------- Alin. ((34 ^ 12) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (35) The systematic registration works started under the Loan Agreement (Project on the completion of the financial support granted by the European Union for the restructuring of agriculture) between Romania and the International Bank for Reconstruction and Development, signed in Bucharest on 28 December 2007 and ratified by Law no. 14/2009 , as amended, will be financed from the National Agency's own revenues. ... ((36) Abrogat. ... ---------- Alin. (36) of art. 9 9 has been repealed by section 6.6. 9 9 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (37) The technical specifications contained in the contract award documentation for geodesy, cartography, photogrammetry and aeroshooting works are endorsed for compliance with the specific regulations by the National Agency, before the initiation of public procurement procedures, under the sanction of not granting the notice of commencement of works, namely the rejection of the request for reception. ... ---------- Alin. ((37) of art. 9 9 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (38) The technical specifications for the realization of the systematic cadastre works in order to register the buildings in the land register are established by order of a normative nature of the Director General of the National Agency, published in the Official Gazette of Romania, Part I, and contain, mainly, the activities related to the stages provided in art. 11 11 para. ((2). ... ---------- Alin. (38) of art. 9 9 has been introduced by section 10 10 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. + Chapter III Organization of systematic cadastre works in order to register in the land register + Article 10 (1) The systematic registration of properties in the integrated cadastre and land registry system is carried out on the basis of the measurements necessary to carry out the cadastral plan, in which the position of the limits between the neighbouring buildings, from office, free of charge and systematically, based on the reality in the field, identified according to art. 11 11 para. ((2) lit. e) and f), regardless of the belonging of the property to the public or private domain of the state or of the administrative-territorial unit or the status of owner, owner or legal holder or precarious detentor provided for in art. 918 of the Civil Code. The measurement works shall be performed by any graphical, numerical, photogrammetric or combined method, in the performance of the technical function of the cadastre. ... (2) Cadastral documentations determine the land and construction surface, resulting from measurements. ... (3) In the framework of the economic function of the cadastre, the technical elements necessary to establish the taxable values of the buildings or, as the case may be, of taxes or fees for these buildings are ... (4) The legal function of the cadastre is carried out by identifying the owners, respectively of the owners of the buildings and by their registration in the cadastral technical documents, in order to register the buildings in the land book. ... (5) In order to accelerate the systematic registration, as well as to increase the number of buildings registered in the integrated cadastre and land registry system, the National Agency, through the territorial offices, can open land books ex officio, at the level of the administrative-territorial unit, by converting in electronic format the information existing in the records of the territorial offices relating to the real rights for which the legal formalities of advertising have been fulfilled, as well as the graphic and textual information of the buildings. ... ---------- Alin. ((5) of art. 10 10 has been introduced by section 11 11 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (6) Following the completion of the registration made according to (5), will display the alphabetical opis of the owners, as well as the cadastral register. ... ---------- Alin. ((6) of art. 10 10 has been introduced by section 11 11 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (7) Displaying the documents provided in par. (6) is made according to the means provided for the systematic registration, respectively by the publication and display, at the central level, on the website specially created by the National Agency for this purpose, and their contestation can be made and electronic, including on the website specially created by the National Agency for this purpose, and shall be solved by minutes, which are contested under the conditions of art. 14 14 para. ((4). ... ---------- Alin. ((7) of art. 10 10 has been introduced by section 11 11 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (8) Titulation of rights to buildings registered in land books opened according to the provisions of par. ((5) have at their disposal a period of one year from the date of opening of the land books ex officio, in which they can request their free updating. ... ---------- Alin. ((8) of art. 10 10 has been introduced by section 11 11 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (9) In the land books thus established will be made the corresponding entries regarding their opening ex officio, by converting the existing information, as well as on the possibility of righting errors or updating enrolments as appropriate, within one year from the date of opening. ... ---------- Alin. ((9) of art. 10 10 has been introduced by section 11 11 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (10) The updating of the records thus converted can also be carried out by opening the land books ex officio upon completion of the systematic registration, by rendering the reality in the field, according to the provisions of par. (1), as a result of the steps provided in art. 11 11 para. ((2). ... ---------- Alin. ((10) of art. 10 10 has been introduced by section 11 11 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. + Article 11 (1) The administrative-territorial units and/or, as the case may be, the cadastral sectors in which systematic registration works will be carried out shall be brought to public knowledge, by order of the Director General of the National Agency, published in the Gazette Official of Romania, Part I, for the purpose of informing central and local authorities and public institutions, as well as natural and legal persons holding rights relating to buildings, with regard to the obligation to provide data and information relating to buildings, necessary to carry out the systematic registration process, such as and to the obligation of all holders of buildings to verify the correctness of this information. ... (2) The technical specifications for the realization of the systematic cadastre works in order to register the buildings in the land register are approved by order of a normative nature of the Director General of the National Agency, which is published in the Official Gazette of Romania, Part I, and mainly includes the following steps: ... a) notifying the owners, respectively the owners and other holders, through the public information campaign, organized at national and local level, on the start of systematic registration works, as well as on the procedure for carrying out, the benefits, rights and obligations incumbent upon them during the work of systematic registration of the properties; ... b) identification of the limits of the administrative-territorial unit; ... c) establishment of cadastral sectors; ... d) integration by the authorized person to perform the cadastre works of all technical and legal information taken from the territorial office, public authorities and institutions or other natural and legal persons; ... e) identification of the buildings ' sites within the cadastral sectors; ... f) identification of holders of real rights and owners, as well as the takeover, if the registration does not exist in the archive of the territorial office or the authority of the local public administration or their issuer, by the person authorised to carry out systematic registration, original or certified copy; ... g) referral of the chamber of public notaries by the territorial office, in the case of undebated successions, in order to allocate the case to the competent public notary; ... h) updating the information collected from the field with those from the sporadic registration and the preparation of cadastral technical documents; ... i) reception of cadastral technical documents by the specialized personnel appointed in application of the provisions of art. 9 9 para. ((28); ... j) publication, for the purpose of public information, at least 5 days before the display, of the prior announcement regarding the public display of technical documents of the cadastre, in a newspaper of wide circulation, in a local newspaper, at the headquarters of the local council, on the website of the local public administration, as well as that belonging to the National Agency; ... k) publication and display, at the central level, on the website specially created by the National Agency for this purpose, as well as at the local level, at the local council headquarters or in another place established for this purpose by the mayor of the unit administrative-territorial, on the website of the local public administration authority of cadastral technical documents; ... l) the registration of requests for rectification of technical documents of the cadastre, including regarding the appeal of the status of owner, can also be done electronically, including on the website specially created by the National Agency in this purpose; ... m) the modification of the content of the cadastral technical documents, following the resolution of the rectification requests, and the updating of the record according to the registration works in the cadastre and in the land book made on request, during the display period; ... n) the closure of the systematic cadastre works in order to register in the land register; ... o) the opening of new land books; ... p) the closure of the old records, by order of the Director General of the National Agency, which is published in the Official Gazette of Romania, Part I; ... q) making available to interested persons according to the entries from the land book of land book extracts for information, issued without being signed by the territorial office, which are automatically generated by the integrated computer system of cadastre and land book, as well as the extract from the new cadastral plan, through the administrative-territorial unit for the documents in analog format, or by accessing the service for this operation on the website specially created in this respect of the National Agency; ... r) archiving of the documents underlying the cadastre works and the registration in the land register; ... s) release by the notary public, at the request of the owners of the buildings that were subject to systematic registration, within a maximum of 2 years, but not earlier than 90 days from the date of opening of the land books, of the certificate for registration in the land register of owners as owners. ... (3) The technical cadastre works shall be performed using the limits of the administrative-territorial units and the limits of the intravilons in the integrated cadastre and land registry system. ... (4) The limits of administrative-territorial units are identified, marked, rectified or updated by the delimitation commission, appointed for this purpose by order of the prefect. ... (5) The limits recognized to each other by the representatives of the administrative-territorial units are described and represented in the delimitation minutes containing and the inventory of the coordinates of the points defining these limits, determined in the system National projection. After the signing and stamping of the delimitation minutes and all annexes by the members of the delimitation committee and the approval by the prefect, the limits become official and are introduced into the integrated cadastre and land registry system. ... (6) The contestations of administrative-territorial units regarding administrative limits can be settled amicably, through mediation by the prefect's institution or by court. ... (7) The mediation by the prefect's institution shall be completed by the signing and stamping of the delimitation minutes, as well as of all the annexes, by the members of the delimitation commission. ... (8) If the limits are contested, until the final settlement of the dispute, the integrated cadastre and land registry system used by the territorial offices in the reception activity of the documentation shall be used. cadastral and enrolment in the land book. If there are differences between the limits managed by the territorial offices of the neighboring counties, until the dispute is resolved, the National Agency decides on the limit that is used. ... (9) After the establishment of the limits of administrative-territorial units, they may be rectified, updated or modified, as appropriate. ... (10) The updating of the limits is the technical operation by which the limit between two administrative-territorial units changes on a limited portion, based on the agreement of the delimitation commission. ... (11) The updating of the limits of administrative-territorial units in the integrated cadastre and land registry system shall be carried out exclusively on the basis of field measurements. ... (12) If the limits are updated, the delimitation commission, appointed by order of the prefect, shall draw up a new record of delimitation similar to the one provided in par. ((5). The same procedure is used if the update of the limits is necessary as a result of its restoration, by means of delimitation signed by the delimitation commission, appointed by order of the prefect. ... (13) If the administrative-territorial units are located in different counties, the minutes of delimitation shall be signed and stamped by the delimitation commissions appointed by order of the prefects of the two counties and approved by them. ... (14) The rectification of boundary identification errors is the technical operation by which the implementation of the coordinates of the existing limits in the integrated cadastre system of the National Agency with legal limit and existence is carried out in accordance with the land, originally established by the orthophotoplan-based delimitation commission. ... (15) The rectification operation provided for in par. (14) is carried out exclusively by taking measurements at the field by the territorial office in order to identify and find these errors of integration of the limits and only if the limit sections are clearly identified in the field. If the sections are not clearly identified, the limits shall be updated, according to the procedure regulated in par. ((11)-(13). ... (16) The limits of administrative-territorial units are displayed on the INSPIRE geopportal of Romania and are used in the activity of central and local public authorities and institutions. ... (17) The modification of territorial limits of administrative-territorial units concerns the establishment, reestablishment or reorganization, as the case may be, of administrative-territorial units, which are organized according to the law ... (18) The specialized works established by order of a normative nature of the Director General of the National Agency may also be executed by persons authorized for this purpose: ... a) of the specialized apparatus of the mayor; ... b) from the level of the county structures with legal personality of the associative structures of the local public administration authorities, recognized as being of public utility; ... c) of the National Cartography Center. ... (19) In the framework of the systematic registration works in cadastre and land registry, the technical and legal situation of the buildings previously registered in the cadastral or topographic plan and in the land register shall be modified according to the technical-legal situation current, identified by the measurements made and the legal acts collected. ... (20) On the occasion of carrying out the works of systematic registration of buildings for which property titles were issued according to the laws of restitution of land properties, if at the level of a tarlale there is a surface deficit, the area of each building in that tarla shall be reduced in proportion to the area in the title. Subsequent completion of the land inventory procedures provided for by Law no. 165/2013 on the measures for the completion of the restitution process, in kind or by equivalent, of the buildings improperly taken over during the communist regime in Romania, with subsequent amendments and completions, will be carried out, at the request the owner, at the assignment of the surface difference, under the law. ... (21) The land area difference provided in par. ((20) will be granted from land that may be subject to restitution in kind within the limit of availability in the administrative-territorial unit where the systematic registration is carried out, and if there is no longer available, the competent commissions according to the laws of restitution of property have the possibility to propose and establish the granting of compensatory measures, under the law. ... (22) In the situation of the buildings previously registered in the integrated cadastre and land registry system, the area will not change under the conditions of par. ((20), if it does not exceed the area stated in the title. If a surface deficit is found at the level of the administrative-territorial unit, the area of the buildings registered in the integrated cadastre and land registry system will be reduced to the limit of the area of the title. ... ((22 ^ 1) In the case of buildings, namely land with or without constructions located in extravilan, which were the subject of the laws of the land fund, whether or not they were previously registered in the integrated system and whether they are fenced or not, in the extent to which there is a shortage of area in the determined sector and the sites and land areas cannot be established, a land registry of property titles in the cadastral sector will be established, in which the other real rights constituted on buildings. ---------- Alin. (22 ^ 1) of art. 11 11 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (22 ^ 2) In application of the provisions of paragraph (22 ^ 1), the authorized person proceeds to identify the limits of the cadastral sectors that are established by the National Agency, as follows: a) carry out measurement works of the determined cadastral sector, with the stipulation of its stable time limits and of the situation in the cadastral plan in case of sporadic registration; ... b) verify and take over the information from the integrated system for open land books in that sector; ... c) identify the sites of the buildings in the sector for which land books were not opened, based on the property titles and limits indicated by the holder, by the representative of the local public authority and by other persons interested; ... d) if, on the basis of field checks, the holders of the property rights agree with the sites corrected and the areas reduced and proposed by the authorized person, based on the measurements made, it will take note of the agreement owners in the sector, based on their statements contained in the interview sheets signed and by the holders of the property rights. Otherwise, the authorized person completes the cadastral documentation for the entire sector in which it is located, to which a single cadastral number will be allocated and is the basis for the establishment of the land book of property titles in the sector, with the indication of the holders of the property rights, as well as the opening of the individual derivative books, in which the rightholders of the respective sector are enrolled. ... ---------- Alin. (22 ^ 2) of art. 11 11 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (22 ^ 3) The land register of property titles in the sector will include the registration in Part I of the land area identified according to the measurements, and in Part II of the holders of the property rights. ---------- Alin. (22 ^ 3) of art. 11 11 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (22 ^ 4) Titulation of property rights will be entered into individual land books derived from the land register of property titles in the sector, in which the holder of the ownership of the parcels in the securities property. ---------- Alin. (22 ^ 4) of art. 11 11 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (22 ^ 5) The updating of individual land books derived from the land register of property titles in the sector with the individual geometry of the buildings, can be achieved on the basis of the unanimous agreement of the owners on the recognition of the limits and the sites, as well as the area of the buildings, and in the absence of unanimous agreement, on the basis of a final court decision. ---------- Alin. (22 ^ 5) of art. 11 11 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (22 ^ 6) The owner enrolled in the individual land book derived from the land register of title deeds in the sector may freely exercise the prerogatives of his or her property right, according to the law, in land book regime. ---------- Alin. (22 ^ 6) of art. 11 11 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((22 ^ 7) Provisions of para. (22 ^ 1)-(22 ^ 6) are also applicable to sporadic registration, in which case the land book will open at the request of any owner in the sector in which the property titles were issued, and the technical details relating to the method of preparation of cadastral documentation shall be established by regulation approved by order of the Director-General of the National Agency. ---------- Alin. ((22 ^ 7) of art. 11 11 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((22 ^ 8) In the case of agricultural land covered by the provisions Law no. 36/1991 on agricultural companies and other forms of association in agriculture, as amended, the land register of title deeds in the sector is established, with the corresponding notation in Part II of the land use intake in favour of the agricultural entity so constituted, in application of the art. 31 31-33 of Law no. 287/2009 on the Civil Code, republished, as amended. ---------- Alin. (22 ^ 8) of art. 11 11 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (22 ^ 9) Provisions of para. (22 ^ 8) are applicable to agricultural land leased according to provisions Law no. 287/2009 , republished, as amended, in which case in the land register the lease on the property is noted. ---------- Alin. (22 ^ 9) of art. 11 11 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((22 ^ 10) In the case of buildings registered in land books whose owners have quality of tenants or are subject to Law no. 36/1991 , as amended, the provisions on the opening of the land book of property titles in the sector are properly applicable, with the tenant or legal entity to request the opening of this land book. ---------- Alin. ((22 ^ 10) of art. 11 11 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (22 ^ 11) In application of provisions Law no. 287/2009 , republished, as amended, regarding the obligation to respect the special legal regime applicable to certain categories of immovable property, the alienation of buildings in land books thus established is done in compliance with the limits legal established by the special legislation, in respect of respect for the special destination of the land and the right of pre-emption. ---------- Alin. (22 ^ 11) of art. 11 11 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (23) The presentation of the last proof of real rights regarding the property in question is sufficient for the registration in the cadastral technical documents and in the land register. ... (24) In the framework of the work of systematic registration in the land register, the surfaces resulting from the measurements are ... + Article 12 (1) The technical documents of the cadastre shall be drawn up for each cadastral sector and highlight the factual situation found by the authorized person carrying out the systematic registration works and constitute the basis of the ex officio registration buildings in the cadastre records and in the land register. ... The technical documents are: a) the cadastral plan; ... b) the cadastral register of buildings; ... c) alphabetical opis of holders of real property rights, owners and other holders. ... (2) The central and local public authorities and institutions shall be obliged to make available to the National Agency, free of charge, the data, information and certified copies of documents relating to information systems specific to their own domains of activity, for the systematic cadastre works in order to register in the land book. ... (3) The mayor of the administrative-territorial unit in which the cadastre works are carried out has the obligation to notify the owners of the buildings, by display and by other means of advertising, regarding their obligation, namely: ... a) to allow the access of specialists to perform the measurements; ... b) to present the legal acts relating to the buildings; ... c) to identify the limits of the buildings together with the teams that carry out the specialized works; ... d) to verify the information regarding the buildings they hold, at the stage of publication of cadastral technical documents. ... (4) In order to carry out the systematic cadastre registration works, the secretary of the administrative-territorial unit will communicate, within 30 days from the date of death of a person, to the chamber of public notaries in whose constituency the deceased's territorial has had its last home a referral for the opening of the succession procedure, which will include ... a) the name, surname and personal numerical code of the deceased; ... b) date of death, in format day, month, year; ... c) date of birth, in format day, month, year; ... d) last domicile of the deceased; ... e) the movable or immovable property of the deceased registered in the tax records or, where applicable, in the agricultural register; ... f) data about possible succeeding, in name, surname and address at which the citation is made. ... (5) Attribution provided in par. (4) may be delegated by the Secretary to the City Hall to one of the civil status officers. ... (6) The Mayor shall pursue the performance of these duties by the Secretary of the City Hall or, as the case may be, the Civil Status Officer delegated and shall apply appropriate ... (7) Failure to perform the duties provided in par. (4) attracts disciplinary and contravention sanction of the person responsible. ... (8) If the owners, owners or other holders do not present themselves, the identification of the limits of the buildings will be made in their absence. The mayor of the administrative-territorial unit, through the relevant compartments within his specialized apparatus, issues certificates and provides free of charge to the teams for the realization of systematic cadastre works contained in: ... a) the agricultural register; ... b) the single nominal role register; ... c) street nomenclature; ... d) the lists containing the following data: name, surname, personal numerical code or, as the case may be, the tax identification number, address of the domicile for individuals, respectively the name, address of the office and the tax registration code or, after case, unique registration code, in the case of legal persons; ... e) any other information and records that may be necessary to carry out the systematic cadastre work in order to register in the land book. ... (9) The authorized person who performs the systematic registration works and at least one representative of the administrative-territorial unit identifies the owners, owners or other holders and prepares the technical documents. ... ---------- Alin. ((9) of art. 12 12 has been amended by section 13 13 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (9 ^ 1) The activity of checking and receiving the systematic registration works and the technical documents provided in par. (1) shall be made by the Commission at the level of the territorial office, made up of specialized personnel, appointed by decision of the director of the territorial office. Verification and reception will also be possible in stages, by cadastral sectors, before the completion of systematic registration works at the level of the administrative-territorial unit. ---------- Alin. (9 ^ 1) of art. 12 12 has been introduced by section 14 14 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (9 ^ 2) The verification and reception activity provided in par. (9 ^ 1) may be outsourced, by exception to the provisions of art. 6 6 para. (2), by contracting in this regard specialized services under the law. ---------- Alin. (9 ^ 2) of art. 12 12 has been introduced by section 14 14 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (9 ^ 3) After verification and reception, in order to be brought to public knowledge, the technical documents provided in par. (1) shall be integrated into the system and: a) are transmitted by the territorial office to the local public administration authority for public display, under the conditions of art. 14 14 para. ((1), by publication on its own website, as well as at the premises of the respective local council. The announcement of the public display of technical documents shall be published in a newspaper of wide circulation, in a local newspaper, as well as by other means of communication; ... b) is displayed on the website specially created for this purpose by the National Agency, unique at national level. ... ---------- Alin. (9 ^ 3) of art. 12 12 has been introduced by section 14 14 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (10) Interested persons have full access to consult the technical documents displayed according to par. ((9). ... (11) The authorized person carrying out the cadastre work, which consists in the identification and measurement of the buildings, takes over a certified copy of the documents, processes the data obtained and prepares the technical documents for each cadastral sector in Part. The certified copies of the documents will be taken over only if they do not exist in the archive of the territorial office or the authority of the local public administration or their issuer. These entities have the obligation to issue documents or certified copies thereof free of charge no later than 30 working days from the date of registration of the authorized person's request. ... ((12) Representatives of public authorities and institutions, autonomous regions and companies with partial state capital, as well as other entities holding land under management, owned by the Romanian State or administrative-territorial units, have the obligation to participate in the identification and measurement of the buildings in question. ... (13) The mayor of the administrative-territorial unit, through the relevant compartments within his specialized apparatus, identifies the owners, owners or other holders of the buildings and provides the information and records required by the city hall, by issuing certificates or any other documents necessary for the systematic cadastre work. ... (14) The mayor will countersign the cadastral technical documents, prior to their verification and reception by the specialized personnel, according to the provisions of par. (9), in order to certify the veracity of the information regarding the buildings and to the owners, owners and other holders, which were provided by him. The countersign of cadastral technical documents has as a consequence the appropriation of all data on land and construction, as well as the elimination of administrative procedures for issuing confirmatory certificates, such as: tax attestation, certificate of attestation of the legal and technical situation of the constructions, certificate provided in art. 13 13 para. ((1) lit. b) and the like. ... (15) The approval of the technical documents by the mayor or the designated person may also be carried out by issuing a certificate confirming the appropriation by the representative of the local public authority of the information contained in the documents technical of the cadastre. ... (16) If the technical documents have not been countersigned, applying the procedure of tacit approval, the constructions will be entered in the land register either on the basis of the property documents or of the technical-legal situation reflected by the documents technical documents drawn up as a result of the identification carried out 11 11 para. ((2) lit. f) and unchallenged during the public display period or as to which the request for rectification has been rejected. The situation reflected by the technical documents is presumed to be in line with the real technical and legal situation, until proven otherwise. ... ((17) The registration of constructions in the land register, in the process of systematic registration according to this law, does not prevent the competent authorities from applying the sanctions provided by law regarding the discipline in construction and serves as the basis for the establishment and calculation of taxes due under the law. ... (18) The issuance of all necessary documents and the countersigning of cadastral technical documents by the mayor, through the relevant compartments within the specialized apparatus, shall be made within 30 days from the registration of the request. ... (19) The cadastre inspector shall check the land works carried out by the authorized persons. ... (20) For individuals, the lists provided in par. ((8) lit. d) shall be ensured by the local community public services of record of persons, at the request of the mayors. ... + Article 13 (1) In the case of buildings that are subject to systematic registration, in the absence of proof documents of the ownership right, in the technical documents will register the possession of fact on the property, based on the identification carried out by the persons mentioned in art. 12 12 para. (9), on the occasion of the measurement and provided that the following documents are presented: ... a) the data sheet of the property signed by the owner of the property and by the person authorized to carry out the systematic registration works; ... b) the certificate issued by the local public administration authorities, attesting that: ... ((i) the owner is known to own the property under the name of the owner; (ii) the building is not part of the public domain or has not been entered in the records as being in the private domain of the state or administrative-territorial units. (2) Provisions of para. (1) are applicable including buildings that were registered in the integrated cadastre and land registry system, from the regions where the provisions were applied Decree-Law no. 115/1938 for the unification of the provisions on land books, published in the Official Gazette of Romania, Part I, no. 95 95 of 27 April 1938, repealed by Law of cadastre and real estate advertising no. 7/1996 , if the owners are not identified on the occasion of the field interviews, but they are identified owners, buildings in the non-cooperative former areas, as well as the buildings located in the intravilan of the localities that made the object of the laws of restitution of land properties. ... (3) The possession of a fact entered in the technical documents according to the previous paragraphs shall be noted in the open land books following the completion of the systematic registration. ... (4) In the case of buildings located in the extravilan of the localities in the areas that were not subject to the application of the land fund laws, the procedure for issuing the certificate provided in par. ((8) is not applicable. ... (5) The possession noted in the land book and its legal effects may be acquired under the legal acts between the living, the translative or the constituent, concluded in authentic form, including by enforcement measures or for the cause of death, which is noted in the land book. ... (6) The last holder noted in the land book will benefit from the intabulation of his right of property, ex officio, at the end of the 3-year term, under the conditions provided in par. ((7), as an effect of the junction of previous possessions with its possession. ... (7) In all cases where the possession was noted in the land register and the certificate provided for in par. (8), the right of property will be able to be later intabulat, under the following conditions; ... a) ex officio, at the fulfillment of a term of 3 years from the time of scoring in the land register, if no dispute has been noted by which the entries in the land book are contested. In this case, by way of derogation from the regulations relating to the use, the right of property is deemed acquired by the effect of the law and from the date of fulfillment of this term, without any other justification or procedure; ... b) at the request of the holder provided in par. ((1) or its successors, on the basis of the deed of property, as a result of the acquisition of the right of property by any of the modalities provided by law. ... (8) Upon completion of a period of 90 days from the date of opening of office of land books, owners of buildings located in the intravilan of the localities, registered in the land books under the conditions of par. ((3), may request the competent public notary to issue the certificate of registration of the owner as owner. The issuance of the certificate by the notary public is based on the following documents: ... a) land book extract for information; ... b) the self-declaration of the holder, given in authentic form, by which he declares that: ... ((i) possess the property under the name of the owner; (ii) whether or not he is married; if he is married, he shall also specify the matrimonial property regime; (iii) has not alienated or encumbered the building; (iv) the building was not removed from the legal circuit; (v) the property is not subject to any dispute; (vi) the property is owned or not on shares; if the property is held on shares, all owners will declare the extent of the shares; (vii) the proof of possession of the possession comes from its signatory parties; if it does not exist, it shall declare that it does not have and is not aware of the existence of such a document; c) the documentary evidence of the possession, regardless of the form in which it is drawn up, when it exists; ... d) copy of the identity and civil status documents. ... (9) Based on the certificate provided in par. (8) The application of the right of ownership in the land register shall be ordered at the request of the interested party. ... (10) If the request for rectification of the technical documents on the appeal of the status of owner, noted in the land register, as well as in the situation in which the establishment of the land book was subsequently established, a civil action in challenging this quality, the procedure for issuing the certificate provided for in par. ((8) is not applicable. In this case, until the final settlement of the disputes, possession is noted in the land register. ... ((11) The owners of the buildings subject to the systematic registration, as well as the issuers of the documents provided for the preparation of the technical documents provided for in art. 12 12 para. (1) answer for the legality, authenticity and accuracy of the data contained therein, under the law. ... (12) The employees of the territorial office do not respond to the first systematic registration of buildings in the integrated cadastre and land registry system. ... ((13) Provisions of para. ((1), (4), (8), (10) and (11) shall not apply to buildings of the patrimony of the state or of the administrative-territorial unit, which shall be registered under the legal acts provided by law. ... (14) If, on the occasion of the cadastral measurements on buildings located in extravilan, which were subject to the laws of the land fund, it is found that the area in the measurements is higher than the area in the act of property, the difference in land remains at the disposal of the local commission for the establishment of ownership of land, in which case the right of ownership in favour of the administrative-territorial unit will be provisionally entered ... (15) In the case of buildings whose owners, owners or other detenors, as defined in art. 918 of the Civil Code, cannot be identified on the occasion of the automatic performance of the systematic registration works, as well as in the absence of the documents provided in par. (1) with regard to the status of owner, the ownership will be provisionally entered in favour of the administrative-territorial unit. In this case, the right of property will be able to be later intabulat, at the request of the holder of the ownership of the property, based on a documentation that will include: ... a) the identification of the property in the cadastral plan, in order to certify that the property in the deed corresponds to the one in the plan; ... b) the act certifying the ownership; ... c) the certificate certifying that the property is registered in the tax records or, as the case may be, in the agricultural register, issued by the mayor of the administrative-territorial unit where this building is located. ... + Article 14 (1) The technical documents for each cadastral sector shall be displayed, through the care of the territorial office, under the conditions of art. 11 11 para. ((2) lit. k). In the regions of transcriptions and real estate inscriptions, the holders of the tasks registered in the old real estate advertising registers will request their transcription in the land books, within 60 days of the display. The tasks include mortgages, privileges, summons, sequesters, disputes and any legal acts entered into the old real estate advertising registers. ... (2) The requests for rectification of the technical documents of the cadastre shall be formulated, within 60 days from the date of display, and shall be accompanied by supporting documents. The Commission for the resolution of rectification requests at the level of the territorial office, appointed by decision of the director of the territorial office, shall settle the applications during the public display period, but no later than 60 days after the completion of the the display period, according to a procedure established by regulation, approved by order of a normative nature of the Director General of the National Agency *). ... ---------- Alin. ((2) of art. 14 14 has been amended by section 15 15 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (3) Following the resolution of requests for rectification of the technical documents of the cadastre, a minutes will be issued, which will be communicated under the conditions of the Civil Procedure Code. ... (3 ^ 1) The cadastral-legal situation of the buildings, including the cadastral plan, is updated as a result of the resolution of rectification requests, under the law, on request or ex officio. ---------- Alin. (3 ^ 1) of art. 14 14 has been introduced by section 16 16 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (4) The minutes provided in par. (3) may be challenged with complaint to the court in the territorial area of the property, within 15 days of communication. Art. 31 31 para. ((3) and (4), relating to the procedure for filing and recording the complaint, shall apply accordingly. ... (5) Entries in the new land book shall be carried out ex officio, based on the technical documents of the cadastre integrated into the system for each cadastral sector, according to art. 14 14 para. ((1) and, where appropriate, rectified according to art. 11 11 para. ((2) lit. m), according to a regulation approved by order of the Director General of the National Agency, published in the Official Gazette of Romania, Part I. systematic registration works. ... ---------- Alin. ((5) of art. 14 14 has been amended by section 15 15 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (6) The registration provided in par. (5) represents the first registration of buildings in the integrated cadastre and land registry system, hereinafter referred to as the first systematic registration, resulting from the completion of the systematic registration procedure, and may have as its object Buildings: ... a) that have not been previously registered; ... b) entered in the land registry records, regardless of whether the cadastral-legal situation has been updated or not. ... ((7) The modification of the first systematic registration may be carried out ex officio on the basis of a reference, if it does not affect the rights of the parties. ... (8) The constitutive effect of rights in respect of a building that has been the subject of systematic registration shall operate from the date of the first subsequent registration based on constitutive or translative legal acts of real rights concluded. after the public opening of the land books, for the entire administrative-territorial unit. ... (9) During the period of systematic registration, as well as after the integration of technical documents into the system, until the completion of the resolution of rectification requests, in the land books of the buildings located in the unit That territorial-administrative area shall be indicated ex officio that they are subject to the National Cadastre and Land Registry Programme. ... ---------- Alin. ((9) of art. 14 14 has been amended by section 15 15 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((9 ^ 1) If, on the occasion of systematic registration, no personal numerical codes can be identified, namely the unique registration codes of certain rightholders on the buildings, the technical documents are received, and in part II of the land book will be made mentions of the lack of personal numerical code, namely the lack of the unique registration code. ---------- Alin. (9 ^ 1) of art. 14 14 has been introduced by section 17 17 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((9 ^ 2) After the establishment of land books ex officio, in the preparation of the provisions on buildings it is mandatory that in the legal act to mention the personal numerical code, namely the unique registration code of the holder of the right of property. ---------- Alin. (9 ^ 2) of art. 14 14 has been introduced by section 17 17 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((9 ^ 3) Mentions regarding the lack of personal numerical code, respectively of the unique registration code of the holder of the right inscribed in the land register can be updated, at the request of the interested person, by submitting the registration provided by law. ---------- Alin. (9 ^ 3) of art. 14 14 has been introduced by section 17 17 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (9 ^ 4) The land books opened as a result of the first systematic registration will indicate that they are based on the systematic works, as well as the date of their completion, according to the model established by regulation, approved by order of a normative nature of Director General of the National Agency *) ---------- Alin. (9 ^ 4) of art. 14 14 has been introduced by section 17 17 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (10) The description of the buildings in the technical documents of the cadastre is a way of putting in line the technical situation of the building with the legal situation contained in the legal acts. In case of discrepancy, the technical situation identified following the measurements taken shall prevail. From the date of the ex officio establishment of land books any cadastral records and real estate advertising prior to the realization of systematic registration lose their validity. ... (11) The liability for the correctness of the technical documents of the cadastre and for their correspondence with the reality in the field, as well as for the identification of the limits of the buildings in accordance with the legal acts provided by Holders shall return to the person authorised to perform specialist work. ... + Article 15 (1) From the date of opening of office land books, transcripts and inscriptions registers, land books and any other records of cadastre and real estate advertising will be replaced, for the respective cadastral sectors, with the plan cadastral and new land books. The old records are kept in the archive of the territorial office and can be consulted for the historian. Identification and numbering of buildings contained in property titles issued under land fund laws or other property, plans and other cadastral records and real estate advertising prior to the realization of the cadastre and the opening of new land books loses its validity. ... (2) The tasks that are extinguished by the fulfillment of the term or for any other reason will no longer be entered in the land books, and if they have registered, they will be radiated at the request of the owner of the property, of any interested person or ex officio. ... (3) In the case of buildings registered in the land register as a result of the completion of the systematic registration works on the respective administrative-territorial unit, the proof of ownership is made with the land book extract. The proof of the delimitation of a building from other buildings is done only with the extract from the cadastral plan. ... + Article 16 The cadastral register of the buildings and the cadastral plan are the basis of the completion or, as the case may be, the ex officio of the land books, at the completion of the cadastral measurements at the level of the cadastral sectors. A copy of the plans and cadastral registers shall be transmitted free of charge to the administrative-territorial units. + Article 17 The National Agency and the subordinate territorial offices have the obligation to provide, upon request, to the competent bodies the records necessary to establish the value of taxation. + Article 18 The completion, modernization and maintenance in the state of use of the national geodetic network necessary for the preparation and up-to-date young people of cadastral plans and topographic maps are carried out under the coordination of the National Agency. + Article 19 The territorial office controls, endorses and receives, as the case may be, the works of geodesy, topography, cadastre and cartography. + Article 20 The manner of approval, verification and reception of specialized works in the fields of cadastre, geodesy, topography and cartography is established by regulation approved by order of the Director-General of the National Agency, in consultation with the union professional set up by special law. + Title II Real estate + Chapter I Cadastral-legal record + Article 21 (1) The real estate advertising based on the system of record of the cadastre has as object the inscription in the land register of the legal acts and deeds relating to the buildings of the same administrative-territorial unit, for the purpose of transmission or the establishment of real estate rights or, as the case may be, of the opposability to third parties of such registrations. ... (2) The real estate advertising shall be carried out by the offices of cadastre and real estate advertising for the buildings located within their range. ... (3) The land books drawn up and numbered on the administrative territory of each locality make up, together, the cadastral register of real estate advertising of this territory, which is held by the territorial office of the territorial office in whose territorial area the building is located. ... (4) This register is completed with the entry register, with the cadastral plan, with the cadastral register of the buildings, indicating the cadastral number of the buildings and the number of orders of the land books in which they are registered, with an alphabetical index of owners and with a map in which applications for registration are kept, together with a copy of the finding documents of the documents or legal facts subject to registration. ... + Article 22 (1) The activity of real estate advertising within the territorial offices is fulfilled by land registry registrars, hereinafter referred to as registrars, appointed by order of the Director General of the National Agency, following a competition organized by this. The registrants shall carry out the entries in the land register on the basis of the provisions given by the registrars, issue the land book extracts and the certificates of tasks and perform other duties established by specific regulations. ... (2) The number of registrars for each territorial office shall be established by order of the Director General of the National Agency. ... (3) Within the territorial offices, the activity of real estate advertising is the responsibility of a chief registrar, and within the territorial offices, under the responsibility of a coordinating registrar, appointed by order of the Director General of the National Agency, following a competition. ... (4) The person who cumulatively meets the following conditions may be appointed registrar: ... a) has Romanian citizenship and has the capacity of civil rights; ... b) is licensed in law; ... c) has no criminal record; ... d) enjoy a good reputation; ... e) knows the Romanian language; ... f) is medically fit to fill the position; ... g) served for 5 years as assistant-registrar or exercised for 3 years the position of public notary, judge, prosecutor, lawyer, legal adviser or other legal specialty function. ... (5) Vechimea as a land registry registrar, respectively as a principal assistant-registrar, constitutes seniority in legal specialty, provided that the person concerned has higher legal specialized studies. ... (6) Until the date of organization of the contest, registrars may be appointed from the employees of real estate advertising services who, although they do not meet the conditions of studies, have at least 5 years of experience in the field of real estate ... (7) The registrar shall be responsible for his activity, under the law, being professionally subordinated to the chief registrar. ... (8) The employees of the National Agency and of the subordinate units are prohibited from handling the cases in which the beneficiaries are themselves or the spouse, relatives or afinii to the third degree inclusive, the legal entities to which they or one of the the persons mentioned above hold the status of shareholders, associates, directors or administrators, as well as the cases that have as their object the documentation prepared by them prior to the acquisition of the employee's quality of employee, by the authorized individuals who are spouse, relative or affin up to and including the third degree authorized legal entities to which they or one of the aforementioned persons hold the status of shareholders, associates, directors or administrators. ... (9) If they are in one of the situations referred to in par. (8), the employee is obliged to refrain and notify immediately, in writing, the management of the institution, for the distribution of the work of another person. ... (10) Employees of the National Agency and subordinate units are prohibited from executing, as authorized individuals or judicial experts, specialized works of the nature of those provided in art. 4 lit. a) and b). ... (11) Within the National Agency operates the Real Estate Advertising Directorate, which organizes, coordinates and controls the real estate advertising activity within the territorial offices, in order to comply with the laws and regulations in matter. ... (12) In the exercise of coordination and control tasks, the directors of the Real Estate Advertising Directorate and the Cadastre Directorate issue decisions of a binding nature whose non-compliance attracts for the specialized personnel of the National Agency and subordinate institutions, involved in the settlement of reception and enrolment requests, disciplinary sanctions provided for in the internal regulations ... ((13) Based on the cooperation protocol on how to perform real estate advertising operations, in order to unify the working procedures, the National Agency and the National Union of Public Notaries in Romania organize working sessions periodicals whose solutions, recorded in the minutes of the meeting, are the basis for the issuance of the decisions provided in par. ((12). ... + Article 23 The land book is made up of the title, indicating its number and the name of the locality where the building is located, as well as from 3 parts: A. Part I, relating to the description of the buildings, which shall include: a) the number of orders and the cadastral number of the property; ... b) the surface of the building, reemerged from cadastral measurements, destination, administrative address, categories of use and, as the case may be, constructions. The final and temporary removal from the agricultural circuit of the buildings located in the approved intravilan according to the law is made by the building permit. ... ---------- Lit. b) A al art. 23 23 has been amended by section 4.2 18 18 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. c) the plan of the property with the description of the property is the annex to Part I of the land book, drawn up according to the regulation approved by order of a normative nature of the Director General of the National Agency, which is published in the Romania, Part I; ... B. Part II, relating to entries for ownership and other real rights, comprising: a) the name or the name of the owner and of the holder of the real right to the property, ... ---------- Lit. a) B of art. 23 23 has been amended by section 4.2 19 19 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. b) the legal act or legal act constituting the title of the property right, as well as the mention of the document on which this right is based; ... c) property displacement; ... d) the right of administration, the right of concession and the right of use free of charge, corresponding to public property; ... e) servituseful constituted for the benefit of the property; ... f) legal acts, personal rights or other legal relationships, as well as actions regarding property; ... g) the reception of the proposal for dismantling or merging and rejecting it, the rejection of the request for reception and/or registration, in the case of open land book buildings; ... h) obligations not to do; prohibitions of alienation, encumbration, rental, dismantling, merging, construction, demolition, restructuring and arrangement; ... i) the inaliability clause of the property, according to art. 628 628 para. (2) of the Civil Code and the insesizability clause, according to art. 2.329 2.329 para. ((3) of the Civil Code; ... j) any changes, entitlement or signings that would be made in the title, in Part I or II of the land book, regarding the entries made; ... C. Part III, relating to entries for the dismantling of property rights, the actual rights of guarantee and tasks, which shall include: a) the right of superficie, uzufruit, use, abitation, servituseful in charge of the serviced fund, mortgage and real estate privileges, as well as the location and assignment of the claim; ... b) legal acts, personal rights or other legal relationships, as well as actions regarding the actual rights entered in this part; ... c) seizure, tracking of the property or its income; ... d) any changes, entitlement or signings that would be made with regard to the entries made in this part. ... + Article 24 (1) The entries in the land register are: intabulation, provisional registration and grading. ... (2) The cases, conditions and legal regime of these registrations are established by the Civil Code, and the procedure for registration in the land register, the present law and the regulation approved by order of a normative nature of the Director General of the Agency National. ... (3) The right to property and the other real rights on a building shall be entered in the land register on the basis of the authentic notarial inscription or the certificate of heir, concluded by a public notary in office in Romania, of the decision the remaining permanent and irrevocable court or on the basis of an act issued by the administrative authorities, in cases where the law provides for it, by which they have been validly constituted or transmitted. ... (4) Real estate rights and the promise to conclude a contract having as object the ownership of the property or another right in connection with it, entered on the basis of legal acts in which the parties stipulated the termination or the resolution on the basis of pacts commissaries, shall be deleted on the basis of: ... a) statements in authentic form of the parties; ... b) conclusion of certification facts, whereby the notary public finds the fulfillment of the commissive pact, at the request of the interested party; ... c) court decisions. ... + Article 25 (1) The owners of neighbouring buildings, in order to better exploit them, may ally them in a building, based on a cadastral documentation and authentic instrument, drawn up under the law. ... (2) The acts of bonding and desolation of the buildings inscribed in the land register shall be concluded in authentic form. ... + Article 26 (1) If a building with construction-condominium-, of which some parts are common individuals and the rest are individual, a collective land book is drawn up for the entire construction, and one individual land book for each property individual that can be represented from apartments or spaces with a destination other than that of dwelling; by assimilation, condominium and a section can be defined with one or more stairs, within the living building, given that it can be delimit the common property. ... (2) The right of forced and perpetual common property on the common parts of a building shall be capitalized only together with the exclusive right of property bearing on it or a determined part thereof. ... (3) *) By exception to the provisions of par. ((2) and by way of derogation from the provisions art. 39 39 of Law no. 230/2007 on the establishment, organization and functioning of the owners ' associations, with subsequent amendments and completions, the termination of the common use destination for the common parts of the multi-storey buildings or apartments can be decided motivated, by a majority of two thirds of the number of co-owners. (4) *) In the case provided in par. (3), the provisions relating to ordinary and temporary co-ownership shall become applicable. However, estrangement or foreclosure can be achieved if there is a two-thirds majority of the number of co-owners. (5) *) In the cases provided in par. (3) and (4), co-owners who did not vote or, as the case may be, opposed to estrangement or mortgage are entitled to a fair compensation, established on a conventional basis or, in case of misunderstanding, by court. (6) *) The finding of termination of the common use destination for these parties is made by decision of the general meeting of the association of owners, adopted by a majority of two thirds of the number of co-owners. Note ... ---------- * *) Alin. ((3)-(6) of art. 45 (become by renumbering art. 26 26) were declared unconstitutional by Constitutional Court Decision no. 1.514 1.514 of 15 November 2011 regarding the exception of unconstitutionality of the provisions of art. 45 45 para. ((3)-(6) of Law of cadastre and real estate advertising no. 7/1996 , published in the Official Gazette of Romania, Part I, no. 24 24 of 12 January 2012. ---------- (7) The property, respectively the part of the resulting immovable property will be entered in the land register following the cadastral-legal procedure regulated in par. ((1). ... (8) The operation of division of a building-condominium in several individual units is called an apartment. The operation to divide an individual unit into several new individual units is called subapartamentation. These operations are done on the basis of a cadastral documentation and authentic instrument, drawn up under the law. ... + Article 27 ((1) The furniture belonging to the public domain and the private domain of the state or, as the case may be, of the administrative-territorial unit shall be entered in special land books of the administrative-territorial unit on which they are located, with the exceptions provided by law. ... (2) The special land books shall be held by the territorial offices of the territorial office. ... + Chapter II Procedure for registration in the land register + Article 28 (1) The application for registration in the land register shall be submitted to the territorial offices of the territorial office and shall be accompanied by the original inscription or by the certified copy thereof, by which the act or the legal fact of which the registration is request; the certified copy will be kept in the folder of the territorial office. ... (2) In the case of the judgment, a certified copy will be presented, with the mention that it is final and irrevocable. ... (3) In the case of foreclosures, in the absence of original documents, the request for reception and registration submitted under the conditions of the Code of Civil Procedure may be accompanied by the certified copy of the deed of property. ... (4) The applications for registration will be registered immediately in the entry register, with the mention of the date and number resulting from the chronological order of their submission. ... ((5) The entries in the land register shall be made at the request of the interested parties, except in cases where the law provides for the public registration; the application for registration will be sent to the territorial office in the constituency to which the building is located. ... (6) Intabulation or provisional registration may be required by any person who, according to the original document, the judgment or the decision of the administrative authority, is to be displaced, to constitute, to modify, to acquire or to left a tabular right. ... (7) The registration of a right or the deletion of a task may be required: ... a) of the general trustee of the guided one; ... b) any of the holders of the same right. ... (8) The creditor whose demanding and chargeable claim is proven by a document or by a court decision, or in the particular cases provided by law by a decision of the administrative authority, will be able to ask the court, on behalf of and for the benefit of its debtor, enrolling a tabular right or erring a task. ... (9) The debtor who paid the mortgage claim of an unenrolled transferee in the land book may require the removal of the mortgage, if he depicts the original sign of the assignment and the proof receipt of the payment. ... + Article 29 (1) If the registrar admits the application, it has the intabulation or provisional registration by conclusion, if the document meets the following limiting conditions: ... a) is concluded in compliance with the conditions of form provided by law; ... b) correctly identify the names or names of the parties and mention the personal numerical code or, where applicable, the tax identification number, if assigned, the tax registration code or the unique registration code, as the case may be, attributed to them; ... c) individualize the building by a land registry number and a cadastral or topographic number, as the case may be; ... d) is accompanied by a certified translation, if the act is not drawn up in Romanian. In the case of the authentic notarial act, it must be concluded by a notary public in office in Romania * *); ... Note ... ---------- ** **) See Constitutional Court Decision no. 195/2015 regarding the exception of unconstitutionality of the provisions of art. 29 29 para. ((1) lit. d) second sentence of Law of cadastre and real estate advertising no. 7/1996 , published in the Official Gazette of Romania, Part I, no. 396 396 of 5 June 2015: ' [...] 29 29 para. ((1) lit. d) second sentence of Law of cadastre and real estate advertising no. 7/1996 are constitutional insofar as they do not apply to notarial acts concluded in countries which have acceded to the Convention on the Suppression of the Requirement Of Overrepresentation of Foreign Official Acts, adopted in The Hague on 5 October 1961, and in countries with which Romania has concluded conventions, treaties or agreements on legal assistance in civil matters, which provide for the exemption from any legalization. " ---------- e) is accompanied, as the case may be, by a copy of the land book extract for authentication, of the land book extract for information or of the certificate of tasks that was the basis for the preparation of the act, unless mention is made about them in the act; ... f) is accompanied by the proof of payment of the real estate advertising tariff, except for the exemptions established by law or the situation in which the proof of collection of the tariff is made according to the procedures established by protocols concluded according to art. 9 9 para. ((13) and (16); ... g) fulfillment of other legal provisions established by special laws, the verification of which is within the competence of the registrar. ... (2) The Director-General of the National Agency may delegate, by order, to the main registrar assistants the duties of the registrars. ... (3) The conclusion will include the determination of the right or the fact, the indication of the cadastral number of the property and the land book, as well as of the part of the land book in which the registration is to be made. Also, the positions that have been radiated and the name of the one in favor or against whom the entries were made, regardless of their own kind, will be indicated. ... (4) If the cadastral identification of the property is not possible, based on the existing data, cadastral documentation prepared and received according to the provisions of this law will be used. ... (5) The final and irrevocable judgment bearing the words "in accordance with the original" shall be communicated immediately, ex officio, to the territorial office by the court that last ruled on the fund, in order to carry out the entries on the basis of the actual tabulation rights, acts and legal acts, as well as any legal relations subject to advertising, relating to the buildings entered in the land register. ... + Article 30 (1) If the registrar finds that the documents filed in justifying the application for registration in the land register, as well as the latter do not meet the conditions of the form required by law for their validity, the application shall be rejected by a conclusion motivated. ... (2) The Registrar shall reject the application for the registration of the legal act whose absolute nullity is expressly provided by law or for failure to meet certain special conditions provided by the regulations in force. ... (3) The rejection of the application shall be made in the entry register, in the right of its registration, as well as in the land register. ... + Article 31 (1) The conclusion shall be communicated to the person who has requested the registration or deletion of an act or legal fact, as well as to the other persons concerned according to the entries in the land book, regarding the property in question, within 15 days of the the conclusion, but not later than 30 days from the date of registration of the application. ... (2) Interested persons or notary public may make an application for review of the conclusion of admission or rejection, within 15 days of communication, which shall be resolved within 20 days by conclusion by the chief registrar of the the framework of the territorial office within which the building is located. In order to resolve the request for review, the interested person will be able to complete the file with the necessary documents, at the request of the chief ... (3) Against the conclusion of the chief registrar issued according to para. (2) those interested or notary public may make a complaint, within 15 days of communication. The request for review and the complaint against the conclusion shall be submitted to the territorial office and shall be entered in the land register. The territorial office is obliged to submit the complaint to the court in whose area the territorial competence is located, accompanied by the conclusion file and the copy of the land book. ... (4) The complaint against the conclusion can be filed by those interested or notary public and directly at the court in whose area the territorial competence is located, in which case the court will request ex officio the territorial communication the file of the conclusion and the copy of the land book, as well as the notation of the complaint ... (5) The judgment delivered by the Court of Justice may be appealed only. ... (6) The final court decision shall be communicated, ex officio, to the territorial office by the court that last ruled on the fund. ... ((7) The registration made pursuant to this court decision shall produce its effects from the registration of the application for registration with the territorial office. ... (8) In case of rejection of the complaint by final court decision, the notaries made shall be removed ex officio. ... + Article 32 The resolution of the complaint against the conclusion of land registry, of the action in tabular justification, in rectification, as well as tabular performance is made without the citation of the territorial office. + Article 33 (1) The entries and the radiations made in the land books may be rectified only on the basis of the judgment of the final and irrevocable court or amicable, on the basis of a declaration given in authentic form, by the tabular holder, respectively the holder, on the basis of a cadastral documentation. ... (2) The provisions of art. 31 31 will apply accordingly. ... + Article 34 (1) If a land book is to be drawn up or completed by the registration of a building that was not included in any other land book, as well as if a land book was destroyed, lost or rendered unusable, in whole or in part, from different causes, the preparation, completion and reconstitution, as the case may be, shall be made by the registrar of the territorial office, on request or ex officio, with the consent of those interested, on the basis of a conclusion. For this purpose, all existing technical documents and documents relating to the buildings in question are used, as well as the situation of the property right. ... (2) The conclusion may be appealed, as the case may be, under the conditions of 31 31 para. ((2). ... (3) At the level of the territorial offices, commissions consist of specialized personnel, authorized to proceed, at the request of the interested person or ex officio, to the correction of errors committed on the occasion of cadastral receptions and enrolments in the land book, by performing for this purpose of field checks, and operating according to a regulation, approved by order of the Director General of the National Agency. ... ---------- Alin. ((3) of art. 34 34 has been introduced by section 20 20 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (4) After carrying out these checks, the commission thus empowered shall conclude a report which is the basis for updating the entries in Part I of the land book, which have been the subject of the checks. ... ---------- Alin. ((4) of art. 34 34 has been introduced by section 20 20 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (5) The conclusion of land book ordering the updating of the entries in the land book according to the provisions of par. ((3) and (4) shall be communicated to the interested parties and shall be subject to the remedies and to the procedure provided for in 31. ... ---------- Alin. ((5) of art. 34 34 has been introduced by section 20 20 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. + Article 35 (1) The public notary that has drawn up an act to transmit, amend, constitute or extinguish a real estate right is obliged to ask, ex officio, to register in the land register. For this purpose, it shall send the application for registration of that act, on the day of its preparation or at the latest on the next working day, at the territorial office in whose area the building is located. The exercise of this obligation will be made express mention in the act or, as the case may be, of the certificate of heir. The mention will be made if the property in the estate has opened land registry or cadastral documentation exists. When authenticating the notary acts by which it is transmitted, modified or constituted a real estate right, the public notary will request a land book extract for authentication, which is valid for 10 working days from the date of registration of the application, or, where applicable, a certificate of tasks. When authenticating the notary acts by which a real estate right is extinguished, as well as within the succession procedure, the land register will be requested for the buildings registered in the land register for information. ... (2) On the basis of the land book extract for authentication, the notary public may perform all the notary operations necessary for the preparation of the act in order to which it was requested. ... (3) During the period of validity of the land book extract for authentication, the registrar will not make any enrolment in the land registry, except for the one for which the extract was issued. The validity of the extract ceases, by fulfilling the deadline, at the time of registration of the application for registration of the notarial act for which he was issued or at the request of the public notary who requested the extract. ... (4) If during the period of validity provided by par. (1) of the land book extract for authentication shall be registered the authentic act/acts drawn up on its basis, the applications for registration having as justifying inscription these acts shall be solved as a priority, the other applications for registration recorded during this period to be rejected. If the validity of the land book extract for authentication has ceased, and the application having as justifying the authentic act/acts drawn up on its basis has not been registered in the general entry register, the applications regarding the property in respect of which the land book extract for the above mentioned authentication was requested, registered during this period, is resolved in compliance with the rules in force. ... (5) The court shall transmit, within 3 days, the final and irrevocable, constitutive or declarative decision on a real estate right, at the territorial office in whose area the building is located. ... (6) The court will not proceed to the debate in substance of the action on the abolition of the legal act subject to registration, if it was not registered, in advance, for information, in the land book. ... + Article 36 (1) Notary acts by which a real estate law is transmitted, modified, constituted or extinguished shall be concluded only if the immovable property is entered in the land register, except: ... a) cases provided in art. 887 of the Civil Code; ... b) legal acts and acts that continue to be transcribed or, as the case may be, entered in the old registers of transcripts and real estate inscriptions, according to art. 40 40 para. ((2); ... c) acts of succession or voluntary division, unless the buildings in the mass of the shareable are dissoldered or joined; ... d) other cases expressly provided by the regulations in force. ... (2) Provisions of para. ((1) shall be applied accordingly and to the other categories of authentic instruments by which it is transferred, constituted, amended or extinguished real rights which shall be entered in the land register. ... + Article 37 (1) The right of ownership of the constructions shall be entered in the land register on the basis of a certificate of attestation issued by the local authority issuing the building permit, confirming that the construction was carried out according to the the building permit and that there are minutes of reception at the end of the works, as well as the other legal provisions in the matter and a cadastral documentation. ... ((2) Construction made before 1 August 2001, which is the date of entry into force of the Law no. 453/2001 to amend and supplement Law no. 50/1991 on the authorization of the execution of construction works and some measures for the realization of housing, shall be filed, in the absence of the building permit, on the basis of the certificate of fiscal attestation certifying the payment payment tax due to the authority of the local public administration in whose radius the construction is located, as well as the cadastral documentation. ... (3) The right to property on constructions can be entered in the land register and in stages of execution, based on the following documents: ... a) certificate of attestation of the stage of construction, issued by the mayor of the administrative-territorial unit; ... b) the minutes of finding on the stage of construction; ... c) cadastral documentation. ... (4) The mortgage may be entered only on a building in its entirety or on the part-parts belonging to a co-owner. If the mortgage was constituted on a part of the construction, it will be inscribed both on it and on the corresponding share of the common individuals. ... (5) The mortgage constituted on a future good may be filed under the law on mortgage credit for real estate investments, if the existence of the building permit and the notarization of the reception minutes has been noted in advance partial. ... (6) In all cases where by law a real estate privilege or a legal mortgage is granted for the guarantee of any right or claims, they shall be entered ex officio in the land register, unless the parties expressly waive the this benefit; the registration of the privilege or the legal mortgage is usually made pursuant to the enrolment from which the privileged claim results or which confers the right to take a mortgage inscription. ... (7) The natural person who borrowed, on the basis of a contract concluded in authentic form, a sum of money for the acquisition of a building has on the property thus acquired a mortgage right for the return of the loan. ... (8) Privileges or legal mortgages will be entered for the amount provided in the document; if the claim is not determined, for the maximum amount shown in the application, as well as the amount of interest. In all cases, the privileges shall be entered and acquired only under the conditions determined by the law that established them, and in the absence of any mention in this law, they receive rank according to the legal provisions regarding the registration of mortgages. ... (9) When the proof of sale is shown that the price has not been paid or has not been paid in full, the privilege to guarantee the price due shall be entered ex officio, for the benefit of the seller. ... (10) If the sale has been abolished, the privilege will radiate ex officio. ... ((11) Provisions of para. ((6) will apply accordingly in the case of exchange or sharing, for the difference in value due in money. ... (12) The proposed acquirer of the property entered in the land register will be able to ask, pursuant to the original sign of the promise to contract concluded with the one registered in the land register, the registration of the legal mortgage on the property, for the refund the amount paid in its account. In this case, the mortgage is registered within the period and conditions provided by the Civil Code for the notation of the promise to contract and radiate, ex officio, if the property is acquired by the promising purchaser or, within the forced sale, by a third party that is not being held liable by the debtor's obligations. ... (13) The right of mortgage shall be radiated under the conditions of 885 885 para. ((2) of the Civil Code, with the exception of mortgages constituted in favour of central and local public administration authorities, which may radiate on the basis of the agreement of the holder expressed by official document issued by the institution concerned, which bears the signature the head of the institution or the person delegated by him, the number and date of registration ... (14) The privilege for guaranteeing the price due to the auctioneer co-owner of the property subject to the division will be entered under the adjudication act. ... (15) The co-owner, apart from the cases provided in par. (11) and (14), will be able to request, pursuant to the original score of partition and certified copy of the request for a call under warranty, the registration of legal mortgage on the buildings that the other co-owners have acquired through the effect of the partition, for guarantee the claim resulting from the eviction. ... (16) Architects and entrepreneurs will be able to request, pursuant to the original proof of the contract concluded with the holder entered in the land register, the registration of a legal mortgage on the property that is the subject of the works To guarantee the price of these works. ... (17) In the cases provided in par. (15) and (16), the land registry registrar will approve the provisional registration of the legal mortgage for the amount shown in the partition document or in the contract provided in par. (16), and in absentia, for a maximum amount, shown in the application for registration. In the latter case, the holder entered in the land register will be able to request directly, through complaint, the competent court according to art. 31 31 para. (4) reducing the maximum amount. The justification for the provisional registration will be made according to art. 899 899 para. (2) of the Civil Code. ... (18) In the case provided in par. (16), it will be possible to seek the deletion of provisional registration, according to art. 899 899 para. (3) of the Civil Code, only if 3 months have passed since the handover of the work ... (19) The transferee of a mortgage loan secured by a real estate mortgage will be able to ask in favour of enrolling the transfer of the mortgage in the land book, on the basis of the claim of assignment of the claim concluded in authentic form. In this case, the ceded debtor will be able to ask, within one month from the communication of the conclusion by which the registration of the real estate mortgage was agreed, to note the exceptions that he could have opposed to the transferor for causes prior to the notification or accepting the assignment of the mortgage claim and which it understands to oppose to the transferee. The registrar will approve in full or in part the deregistration of the real estate mortgage or the notation of the exceptions invoked by the failed debtor, pursuant to the final court decision by which the court ruled on the merits exceptions invoked by the failed debtor. ... (20) If the mortgage debt secured by a real estate mortgage was, in turn, mortgaged with a mortgage, given in the pledge or given in warranty in any other way, the debtor will be able to oppose the creditor guaranteed the exceptions it had against to the creditor or, if they are based on causes prior to the date of notification or acceptance of the mortgage claim. ... (21) If the mortgage registration includes the clause to the order or the bearer, mention will be made about it in registration. In this case, the right of real estate mortgage or mortgage right or pledge on mortgage claim will be acquired and will be opposable without enrolment in the land book, by the very constitution of securities, displacement, pledge or giving in warranty in any other way the title to the order or to the bearer. ... (22) If the assignment of the mortgage claim had not previously been notified or accepted under the conditions of the Civil Code, the communication of the conclusion of the approval of the application of the mortgage assignment or the conclusion of the guarantee on the claim mortgage will represent and notice to the ceded creditor about the divestment of the mortgage claim. ... (23) If the mortgage of the novate claim has been reserved for the guarantee of the new claim, it will register, in the rank of the old mortgage or the old privilege, on the basis of the sign that proves the novation. ... (24) The subrogate in the rights of the mortgage or privileged creditor will be able to require the notation of the displacement of the right of mortgage or privilege under the documents proving the subrogation. ... (25) The assignment of the mortgage rank will be made under the conditions of the Civil Code. ... + Title III Transitional provisions, sanctions and final provisions + Chapter I Transitional provisions + Article 38 ((1) The entries made in accordance with the normative acts in force in the register of transcripts and inscriptions, in the land books and in the land advertising books, before the date of entry into force of the present law, will also produce after this date the intended effects, except in cases where property rights and other real rights have been affected in any way by the effect of the law. ... (2) All documents of record and real estate advertising shall be taken over and preserved by the territorial offices within the territorial offices in whose area the buildings are located. ... + Article 39 The legal act on the constitution or transmission of a real estate right, valid before the entry into force of this law, not transcribed in the register of transcripts and inscriptions or, as the case may be, not entered in the land register, shall produces the effects at the date of registration in the land register, according to the provisions of this The act under private signature, valid concluded, will be considered if it has the prior date of entry into force of Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions. + Article 40 (1) If the reconstitution of the land ownership is based on the plot plans corresponding to the old topographic maps, with the mention of topographic numbers of the plots in the land book regions submitted Decree-Law no. 115/1938 for the unification of the provisions on land books and Decree no. 2.142/1930 for the operation of the central funduary books for railways and canals, the enrolments regarding the buildings, contained in the land books, will continue to be made in these books, in compliance with and under the provisions of the provisions the present law, of the special laws of reconstitution of the land property right and of the Civil Code, in which case until the realization of the cadastre will be entered only the right of property, without its graphic representation. If after the checks made by the cadastre office based on the land book plan and the orthophotoplan there are differences, the title of property will be entered in the land register based on a cadastral documentation. ... (2) Until the opening of new land books, under the conditions of art. 41, in the regions of transcriptions and real estate inscriptions, legal privileges and mortgages, seizure, pursuit of property, fruit and its income, setting in motion of criminal action, actions to defend real rights regarding the buildings not entered in the land register, as well as the legal acts and deeds regarding personal rights or other legal relations in relation to these buildings will continue to be transcribed or, as the case may be, inscribed in the old registers of real estate advertising, in compliance with the provisions of the Civil and this law. ... ((2 ^ 1) Until the opening of the new land books, in the land book regions that have been subject Decree-Law no. 115/1938 for the unification of land-book provisions, with the exception of areas covered by land property restitution laws, immovable property registrations, contained in the old land books, will continue to be made in these books in compliance with the provisions Law no. 287/2009 , republished, as amended, and the present law. If these books do not exist, are unusable or do not identify themselves in the archive of cadastre and real estate advertising, the legal provisions in force regarding the opening of a new land book are applicable. ---------- Alin. (2 ^ 1) of art. 40 40 has been introduced by section 21 21 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. ((3) In the case of enrolment of a construction, of the desolation or of the alloying of buildings registered in land books drawn up on the basis Decree-Law no. 115/1938 and for the registration of buildings acquired under the laws of restitution of land properties, a cadastral documentation will be drawn up in order to open a new land book, according to the provisions of this law. ... (4) The property securities issued under the land property restitution laws shall be entered ex officio in the land register on the basis of the plot plans validated by the county commission for the application of the property restitution laws. land and received by the territorial office, according to the regulation approved by order of a normative nature of the Director General of the National Agency. ... + Article 41 (1) The first registration of buildings in the integrated cadastre and land registry system can also be carried out on the basis of the certificate of heir or voluntary partition act concluded in authentic form, of the judicial partition and of the documentation cadastral. ... (2) The content of the cadastral documentation is established by regulation *) approved by order of a normative nature of the Director General of the National Agency, which is published in the Official Gazette of Romania, Part I. ... Note ... ---------- *) See the Regulation of approval, reception and registration in the cadastre and land registry records, approved by the Order of the Director General of the National Agency for Cadastre and Real Estate Advertising no. 700/2014, published in the Official Gazette of Romania, Part I, no. 571 571 and 571 bis of July 31, 2014, as amended, and rectified in the Official Gazette of Romania, Part I, no. 835 835 of 17 November 2014. ---------- (3) In the case of recording works in cadastre and in the land book made at the request of the interested persons, if the surface of the measurements is different from the surface inscribed in a land book on the basis of a cadastral documentation received by the territorial office or the area in the cadastral documentation, received by the territorial office, for which the land registry or the area of the property documents was not opened, the request for reception and registration in the land register shall be Settle this: ... a) if the surface of the measurements is smaller, then this area shall be entered in the land register based on the cadastral documentation and the owner's agreement on the recording of this surface; ... b) if the area of the measurements is more than 10% including, in the case of land in the intravilan, and up to 5% in the case of the extravilan land, then the area of the measurements is entered in the land book based on the cadastral documentation and the owner's declaration; ... c) if the surface of the measurements is higher than the percentage set at lit. b), on request, it will be possible to note the possession on the difference of land, held without deed of ownership, based on the neighboring minutes and a certificate issued by the local public administration authorities, certifying that: ... ((i) the owner is known to have the difference in land area under the owner's name; (ii) the property is not part of the public domain or has not been entered in the records as being in the private domain of the state or administrative-territorial units; d) subsequent to the grading of possession in the land book according to lit. c), the holder may request the issuance of the certificate of registration in the land register of the owner as owner. The procedure for issuing the certificate will be established by protocol concluded between the National Agency and the National Union of Public Notaries in Romania, which is published in the Official Gazette of Romania, Part I. ... (4) The Director-General of the National Agency will be able to issue instructions in order to establish the administrative procedure for enrolment in the land registry ... (5) In the case of buildings public property of the state and administrative-territorial units, the intabulation is carried out at the request of the head of the central or local public institution, as the case may be, based on the property documents, and in to them, the extracts from the centralized inventory of the respective goods attested by the Government under the law, certified for compliance. ... (6) At the conclusion of contracts for the concession or lease of buildings owned by the public property of the state and administrative-territorial units, it is mandatory to attach the land book extract for the information and the extract of the plan cadastral of the property subject to the contract. ... (7) In the case of public and private property buildings of the state or administrative-territorial units, in the absence of property documents or extracts from the inventory of the respective goods, the provisional registration may be ordered based on the acts administrative or normative issued in respect of the building. ... ---------- Alin. ((7) of art. 41 41 has been amended by section 22 22 of art. I of EMERGENCY ORDINANCE no. 35 35 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (8) In the case of private property, in the absence of land ownership documents, at the request of interested persons, it will be possible to note the possession on the basis of the documents 13 13 para. ((8) lit. c)-f) *) and a cadastral documentation. ... Note ... ---------- *) Following the republication, para. ((3) of art. 13 becomes par. ((8) art. 13. By Law no. 150/2015 to amend and supplement Law of cadastre and real estate advertising no. 7/1996 , published in the Official Gazette of Romania, Part I, no. 459 of 25 June 2015, para. ((3) of art. 13 has changed, it encompassing lit. a)-d). Until the amendment made by Law no. 150/2015 ,, provisions art. 13 13 para. ((3) of Law no. 7/1996 had, according to the form republished in the Official Gazette of Romania, Part I, no. 83 of 7 February 2013, the following contents: " (3) If the appeal period has been filed with regard to the status of the holder, and it is accompanied by the proof of the court's complaint, on the object of the appeal, the office will no longer ask the public notary issue of the certificate referred to in (2), the registrar proceeding under the conditions of par. ((4). The appeal can only be made with regard to the status of the owner, and the lack of proof of the objector that he addressed the court attracts the rejection of the appeal by the territorial office and his request for the release certificate. The issuance of the certificate by the notary public is made after the expiry of the deadline for settling appeals with regard to the holder or rectification requests, at the request of the territorial office and on the basis of the following documents attached in certified copy of the application: a) the certificate showing that: ... (i) the procedure for displaying the technical documents of the cadastre in which the information on the buildings and their owners is entered has been fulfilled, as well as the fact that the owners have not been challenged; (ii) no appeals or requests for rectification with regard to possession have been filed; b) the cadastral plan of the cadastral sector in which the building is located, drawn up by the person authorized to execute the cadastre works, verified and endorsed by the territorial office; ... c) the certificate issued by the city hall in whose territorial area is located the building, showing that: ... ((i) the owner is known to own the property under the name of the owner; (ii) the property is not part of the public domain or has not been entered in the records as being in the private domain of the state or administrative-territorial units; d) the self-declaration of the owner, given in authentic form, by which he declares that: ... ((i) possess the property under the name of the owner; (ii) whether or not he is married; if he is married, he shall also specify the matrimonial property regime; (iii) has not alienated or encumbered the building; (iv) the building was not removed from the legal circuit; (v) the property is not subject to any dispute; (vi) the property is owned or not on shares; if the property is held on shares, all owners will declare the extent of the shares; (vii) the proof of possession of the possession comes from its signatory parties; if it does not exist, it shall declare that it does not have and is not aware of the existence of such a document; e) the documentary evidence of the possession, regardless of the form in which it is drawn up, when it exists; ... f) copy of the identity documents and civil status. " ... ---------- (9) The actual rights that may be acquired under the usurpation will remain valid, if the holder of the right possessed them in good faith, according to the law, for 5 years from the registration of possession in the land book. ... + Article 42 ((1) The way of enrolment of buildings in the public or private domain of the state and in the administration of institutions in the field of defence, public order and national security or in their private property shall be established by these institutions, together with the National Agency, after making the reception provided by law. ... (2) In the cadastral documentation prepared for the buildings referred to in par. (1) references are made exclusively to land related to buildings, and site and delimitation plans contain only their limits. ... + Article 43 (1) If there are some differences between the areas registered in the property documents and the real situation in the field, resulting from the measurements executed for the preparation of the cadastre, the mayor will order the notification of the interested owners. ... ((2) The pluses and minuses of land on the same administrative-territorial unit shall be compensated among the owners concerned. ... (3) Pluses and minuses of land shall be established by authorized persons who carry out the measurements and shall be communicated to those concerned and to the mayors. ... + Article 44 Any misunderstandings about the identification and measurement of land parcels, as well as their owners, will be settled by the courts. + Article 45 (1) The National Agency shall draw up, within 30 days from the date of entry into force of this Law, the Regulation on organization and functioning of territorial offices within the territorial offices. ... (2) The authorized persons on carrying out the activity of carrying out and checking the specialized works in the field of cadastre, geodesy and cartography by natural and legal persons authorized on the territory of Romania will proceed, under the special law, to the constitution of a professional union. ... + Chapter II Sanctions + Article 46 (1) The National Agency shall be empowered to control the activity of all natural and legal persons authorized under the present law, who carry out activities on the territory of Romania in the fields of cadastre, geodesy and cartography, with the exception of institutions in the field of defence, public order and national security, which exercise this attribute through their own structures. ... (2) The following facts are contraventions: ... a) the use in official documents of data on owners, land or constructions, other than those registered in the cadastral documents made under the conditions of this law; ... b) refusal of the owners of buildings to allow the access of the execution personnel for the realization of cadastre, geodetic, topographic and photogrammetric works, with the exception of the Ministry of National Defence, the Ministry of Regional Development and the Public Administration, the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service and the legal entities of the defense sector; ... c) refusal to provide to the National Agency or subordinate institutions the specialized documentation usable in cadastre works by those who own them, except the Ministry of National Defence, Ministry of Development Regional and Public Administration, Romanian Intelligence Service, Foreign Intelligence Service, Protection and Guard Service and legal entities in the defense sector; ... d) publication, dissemination or use knowingly of data, documents and specialized information developed or under the administration of the National Agency or subordinate units without their consent, as the case may be; ... e) execution of geodesy, cartography, cadastre, photogrammetry and remote sensing works without the execution notices issued by the National Agency or territorial offices, as the case may be; ... f) the realization and verification of specialized works in the fields of cadastre, geodesy and cartography, without legal authorization; ... g) non-compliance or violation of regulations, norms, methodologies and standards in the fields of cadastre, geodesy and cartography, as well as in the field of real estate advertising; ... h) non-compliance with the legal provisions regarding the preparation, record, multiplication and preservation of data and documents of a secret nature ... i) preparation of translative acts of property without land registry extract; ... j) non-compliance by the representative of the administrative-territorial unit of the obligation to provide and update the data on the own street nomenclature, according to art. 5 5 para. ((3); ... k) non-compliance with the obligation by the secretary of the administrative-territorial unit or its delegate to communicate to the Chamber of Notaries Public powers the complaint for the opening of the succession procedure on depositions with the last domicile in the administrative-territorial unit concerned; ... l) refusal of signature or release by the representative of the administrative-territorial unit of the documents necessary to carry out the cadastre works or for the registration in the land register; ... m) refusal to issue the tax certificate or certificate provided for in art. 37 37 para. ((1), (2) and (3); ... n) refusal of approval of the plot plan by the mayor. ... ((3) The facts provided in par. ((2) lit. a) and b) are sanctioned with a fine from 400 lei to 1,000 lei, and those provided in par. ((2) lit. c)-n) with a fine of 2,000 lei to 4,000 lei and/or suspension or withdrawal of the authorization to carry out specialized works. ... ((4) The fines shall apply to natural and legal persons, as the case may be, and their limits shall be updated, based on the inflation indices established by the National Institute of Statistics, by order of the Director General of the National Agency, which shall be published in the Official Gazette of Romania, Part I. ... + Article 47 (1) The finding of contraventions and the application of sanctions shall be carried out by the National Agency, by its powers. ... (2) The finding of contraventions provided by this law, committed by its own staff within the institutions of the field of defence, public order and national security, and the application of sanctions shall be carried out by the these institutions. ... (3) The contraventions provided for in this Law are applicable to their provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ... (4) Modification of materializations of property limits, establishment or relocation of boundary signs and landmarks marking the area limits of railway, roads, channels, airports, ports, waterways, boundary delimitations cadastral, forestry, geological and mining, without right, constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine, if the act does not constitute a more serious crime. ... ---------- Alin. ((4) and (5) art. 47 47 have been amended by RECTIFICATION no. 7 7 of 13 March 1996 , published in MONITORUL OFFICIAL no. 825 of 5 November 2015, becoming para. ((4) of art. 47. + Chapter III Final provisions + Article 48 Territorial offices and territorial offices realize, preserve and ensure the preservation of safety children from cadastre, geodesy, cartography and real estate advertising documents, including from microfilms or computer supports. + Article 49 The information systems specific to the ministries ' own fields of activity shall be carried out by the central public authorities responsible for the respective fields. The central public authorities shall collaborate with the National Agency within the framework of the program provided 9 9 para. ((23). + Article 50 (1) Information relating to the national geodetic network, official maps, cadastre and real estate advertising is public information and represents good public property of the state and are in the administration of the National Agency through the units subordinate. This information may be consulted and accessible to any natural or legal person for a fee. ... (2) The above mentioned information can be consulted free of charge by central and local public authorities in order to carry out projects of national interest. ... + Article 51 In fulfilling the legal obligations regarding the activity of cadastre and real estate advertising, the measures envisaged shall be established by the protocol concluded between the National Agency and the National Union of Public Notaries of Romania, protocol *) approved by order of a normative nature of the Director General of the National Agency and Decision of the Council of the National Union of Public Notaries of Romania, which is published in the Official Gazette of Romania, Part I. Note ... ---------- *) See the collaboration protocol concluded between the National Agency for Cadastre and Real Estate Advertising and the National Union of Public Notaries in Romania on how to carry out real estate advertising operations, in application Law of cadastre and real estate advertising no. 7/1996 , republished, with subsequent amendments and completions, approved by the Order of the Director General of the National Agency for Cadastre and Real Estate Advertising no. 309/2010, published in the Official Gazette of Romania, Part I, no. 475 475 of 9 July 2010, with subsequent amendments and completions. ---------- + Article 52 (1) This law shall enter into force 90 days after its publication in the Official Gazette of Romania, Part I. ... (2) By December 31, 2020, the holders of the tasks entered in the transcription registers-inscriptions will request the opening of land books for the buildings in question, under the conditions of this law, and the transcription of valid tasks, with exemption from payment of tariffs. ... (3) The tasks that are extinguished by the fulfillment of the term or from any other cause will no longer be entered in the land books, and if they have registered, they will be able to be radiated at the request of the persons mentioned in art. 15 15 para. ((2) or ex officio. ... (4) On the date of entry into force of this Law, it shall be ... - art. 37 37-43 of the Land Fund Law no. 59 59 of 29 October 1974 ,, published in the Official Bulletin no. 138 of 5 November 1974, as amended; --Annex no. 1 1 to Decree no. 146/1985 on the establishment of cadastral works collectives; - Decree no. 305 305 of 15 September 1971 on geodetic, topophotogrammetric and cartographic activity, as well as the procurement, possession and use of data and documents resulting from this activity, published in the Official Bulletin no. 111 111 of 26 September 1971; -any other provisions contrary to this law. NOTE: I. Reproduce below the provisions art. II, III and IV of Government Emergency Ordinance no. 64/2010 amending and supplementing Law of cadastre and real estate advertising no. 7/1996 , approved with amendments and additions by Law no. 133/2012 ,, which shall continue to apply as own provisions of the amending act: "" Art. II. -By December 31, 2020, the reception of cadastral documentation and the opening of land books will be carried out according to the provisions Law no. 7/1996 , republished, with subsequent amendments and completions, with exemption from the payment of tariffs, ex officio or at the request: a) holders of real rights registered in the old registers of real estate advertising; ... b) holders of the actual rights entered in the open land books Decree-Law no. 115/1938 ; ... c) holders of real rights entered in the open land books on the basis of Law no. 242/1947 and Decree no. 2.142/1930 2.142/1930. ... Art. III. -The structure, organization and functioning of the national electronic register of street nomenclatures are approved by Government decision. Art. IV. -From the date of entry into force of this emergency ordinance, within the normative acts in force, the phrase "general cadastre" is replaced by the phrase "cadastre". " II. We reproduce below the provisions art. II of Law no. 150/2015 to amend and supplement Law of cadastre and real estate advertising no. 7/1996 ,, which shall continue to apply as own provisions of the amending act: "" Art. II. -On the date of entry into force of this Law, the Law no. 217/2007 for the establishment of the basic criteria of the fees and charges related to the elaboration, analysis and verification of cadastral documentation for the registration in the land register of agricultural land, published in the Official Gazette of Romania, Part I, no. 454 454 of 5 July 2007, and Government Ordinance no. 10/2000 on carrying out the activity of carrying out and verifying the specialized works in the fields of cadastre, geodesy and cartography by natural and legal persons authorized on the territory of Romania, published in the Official Gazette of Romania, Part I, no. 26 of 25 January 2000, approved with amendments and additions by Law no. 795/2001 . The fees charged by authorized natural or legal persons constitute income from free professions, with the application of the corresponding norms in tax matters, the amount of fees being established according to the conventions concluded with the beneficiaries services, in compliance with the proportionality principle. " --------
