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Law No. 114 Of 11 October 1996 Housing Law

Original Language Title:  LEGE nr. 114 din 11 octombrie 1996 legea locuinţei

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LEGE no. 114 114 of 11 October 1996 (** republished) (* updated *) on housing ((updated until 1 January 2016 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. II of Law no. 196 196 of 17 November 1997 , published in the Official Gazette of Romania, Part I, no. 331 331 of 26 November 1997. Law no. 114 114 of 11 October 1996 was published in the Official Gazette of Romania, Part I, no. 254 254 of 21 October 1996 and has been amended by Government Emergency Ordinance no. 40 40 of 10 July 1997 , published in the Official Gazette of Romania, Part I, no. 154 154 of 14 July 1997 and by Law no. 146 146 of 24 July 1997 , published in the Official Gazette of Romania, Part I, no. 173 173 of 29 July 1997. Regulation of the general framework for the realization, exploitation and administration of housing is based on the following principles Free and unfettered access to the home is a right of every citizen. The realization of housing is a major objective, of national interest, in the long term, of the central and local public administration. + Chapter I General provisions + Article 1 This law regulates the social, economic, technical and legal aspects of the construction and use of housing. + Article 2 The terms used in this law have the following meaning: a) Housing Construction made up of one or more living rooms, with the necessary dependencies, facilities and utilities, which meet the living requirements of a person or family. b) Convenient housing Housing that, through the degree of satisfaction of the ratio between the user's requirement and the characteristics of the home, at some point, covers the essential needs of rest, food preparation, education and hygiene, ensuring the minimum requirements presented in Annex no. 1 to the present law. c) Social housing Housing that is awarded with subsidized rent to persons or families, whose economic situation does not allow them to access a home in the property or to rent a home under market conditions. d) Service housing Housing for civil servants, employees of institutions or economic agents, granted under the terms of the employment contract, according to the legal provisions. e) Intervention housing Housing for the accommodation of personnel of economic or budgetary units, which, through the employment contract, performs activities or functions that require permanent presence or in case of emergency within economic units. f) Housing of necessity Housing for temporary accommodation of persons and families whose homes have become unusable as a result of natural disasters or accidents, or whose homes are subject to demolition in order to carry out utility works public, as well as rehabilitation works that cannot be carried out in buildings occupied by residents. g) Protocol housing Housing intended for use by persons who are elected or appointed in some public office or public dignity, exclusively for the duration of their exercise. h) Holiday house Temporary occupied dwelling, as a secondary residence, intended for rest and recreation. i) Condominium The building consists of land with one or more constructions, of which some properties are common, and the rest are individual properties, for which a collective land book is drawn up and one individual land book for each unit. individual in exclusive property, which can be represented by housing and spaces with another destination, as the case may be. It constitutes condominium: -a multistorey building body or, given that the common property can be delimited, each section with one or more stairs within it; -a residential complex consisting of dwellings and constructions with another destination, individual, located isolated, strung or coupled, in which the individual properties are interdependent through a common forced and perpetual property. ------------- Letter i) a art. 2 2 has been amended by section 4.2 1 1 of the single article of LAW no. 310 310 of 6 October 2009 , published in MONITORUL OFFICIAL no. 680 680 of 9 October 2009, amending section 1 1 of the single article of EMERGENCY ORDINANCE no. 210 210 of 4 December 2008 , published in MONITORUL OFFICIAL no. 835 835 of 11 December 2008. j) Individual unit Functional unit, component of a condominium, consisting of one or more living rooms and/or spaces with other destination located at the same level of the building or at different levels, with the necessary dependencies, facilities and utilities, having direct access and separate entry, and which was built or transformed in order to be used, as a rule, by a single household. If access to the functional unit or condominium is not made directly from a public road, it must be secured by a way of access or servitude of passage, legally mentioned in the legal acts and inscribed in the book Land. ------------- Letter j) a art. 2 2 has been amended by section 4.2 1 1 of the single article of LAW no. 310 310 of 6 October 2009 , published in MONITORUL OFFICIAL no. 680 680 of 9 October 2009, amending section 1 1 of the single article of EMERGENCY ORDINANCE no. 210 210 of 4 December 2008 , published in MONITORUL OFFICIAL no. 835 835 of 11 December 2008. + Article 3 The authorization of the execution of new housing constructions, regardless of the nature of the property or the site, is based on the satisfaction of the minimum requirements, set out in Annex no. 1 to the present law. County and local councils, according to the powers established by law, can authorize the phased execution of housing construction. + Chapter II Development of housing construction + Article 4 Romanian natural or legal persons may realize, in compliance with the legal provisions, housing constructions for their own use or for the purpose of their recovery. + Article 5 Repealed. -------------- Paragraph 1 of art. 5 5 has been repealed by art. 4 of EMERGENCY ORDINANCE no. 127 127 of 10 September 1999 , published in MONITORUL OFFICIAL no. 455 455 of 20 September 1999. Housing that is carried out through profit investments by Romanian legal entities, as well as under the conditions of art. 7 and 20 of this law may be placed on land belonging to natural persons benefiting from housing, investor legal entities or on land leased for this purpose by local councils to legal or physical persons, with a reduction of up to 95% of the concession fee. -------------- Paragraph 2 of art. 5 5 has been amended by section 1 1 of the single article of EMERGENCY ORDINANCE no. 22 22 of 23 March 2000 , published in MONITORUL OFFICIAL no. 129 129 of 28 March 2000. Repealed. ------------- Paragraph 3 of art. 5 5 has been repealed by art. II of EMERGENCY ORDINANCE no. 215 215 of 29 December 1999 , published in MONITORUL OFFICIAL no. 649 649 of 30 December 1999. EMERGENCY ORDINANCE no. 215 215 of 29 December 1999 , published in MONITORUL OFFICIAL no. 649 649 of 30 December 1999 was rejected by LAW no. 285 285 of 5 June 2001 , published in MONITORUL OFFICIAL no. 306 306 of 11 June 2001. Paragraph 3 of art. 5 5 has been repealed by art. 37 of EMERGENCY ORDINANCE no. 17 17 of 14 March 2000 , published in MONITORUL OFFICIAL no. 113 113 of 15 March 2000, repealing maintained and amending art. 37 of EMERGENCY ORDINANCE no. 17 17 of 14 March 2000 , published in MONITORUL OFFICIAL no. 113 of 15 March 2000 by para. ((3) art. 8 of LAW no. 76 76 of 4 May 2000 , published in MONITORUL OFFICIAL no. 195 195 of 5 May 2000. EMERGENCY ORDINANCE no. 17 17 of 14 March 2000 , published in MONITORUL OFFICIAL no. 113 113 of 15 March 2000 was repealed by art. 40 of LAW no. 345 345 of 1 June 2002 , published in MONITORUL OFFICIAL no. 371 371 of 1 June 2002. LAW no. 345 345 of 1 June 2002 , published in MONITORUL OFFICIAL no. 371 371 of 1 June 2002 was repealed by art. 298 of LAW no. 571 571 of 22 December 2003 , published in MONITORUL OFFICIAL no. 927 927 of 23 December 2003. Work on the buildings and land required for the construction of housing through the National Housing Agency, with the exception of holiday homes, are of public utility. -------------- Paragraph 4 of art. 5 5 has been amended by section 2 2 of the single article of EMERGENCY ORDINANCE no. 22 22 of 23 March 2000 , published in MONITORUL OFFICIAL no. 129 129 of 28 March 2000. Housing constructions can be increased, as the case may be, on land belonging to individuals, legal entities, land belonging to the public or private domain of the state and/or administrative-territorial units, identified by a single cadastral number and land registry number, under the law. ------------- Paragraph 5 of art. 5 5 has been introduced by section 2 2 of the single article of EMERGENCY ORDINANCE no. 210 210 of 4 December 2008 , published in MONITORUL OFFICIAL no. 835 835 of 11 December 2008. The beneficiary/investor must own and probeze a real right on the land intended for the location of the housing construction, with the property documents and the land book extract for information. ------------- Paragraph 6 of art. 5 5 has been introduced by section 2 2 of the single article of EMERGENCY ORDINANCE no. 210 210 of 4 December 2008 , published in MONITORUL OFFICIAL no. 835 835 of 11 December 2008. + Article 5 ^ 1 Eliminated. -------------- Article 5 ^ 1 was deleted by the repeal of the Law no. 62 62 of 22 March 2006 , published in MONITORUL OFFICIAL no. 268 268 of 24 March 2006 by the art. 3 of EMERGENCY ORDINANCE no. 51 51 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. + Article 6 Repealed. -------------- Article 6 was repealed by the art. 4 of EMERGENCY ORDINANCE no. 127 127 of 10 September 1999 , published in MONITORUL OFFICIAL no. 455 455 of 20 September 1999. + Article 7 Local councils can make housing with the built areas set out in Annex no. 1 to this Law, exercising control over the sale price, in order to facilitate access to the property for some categories of persons, in the following order of priority: a) newlyweds who, at the time of contracting the home, have, each, the age of up to 35 years; b) persons who benefit from facilities when buying or building a dwelling, according to the provisions Law no. 42/1990 , republished; c) qualified persons from agriculture, education, health, public administration and cults, who establish their domicile in rural areas; d) other categories of persons established by local councils. Persons in the categories mentioned in lett. a)-d) may benefit from a subsidy from the state budget, within the limits of the annual budgetary provisions, in relation to the average monthly net income per family member, up to 30% of the value of the dwelling calculated at its final value, as well as of payment in monthly installments, for 20 years, of the difference from the final price of the home, after the subsidy and the mandatory minimum advance of 10% paid by the contractor, from the value of the dwellings calculated at the date of contracting *). ------------- Paragraph 2 of art. 7 7 has been amended by section 2 2 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. The interest on the advanced amount of the special deposit, which is returned in installments, is 5% annually. -------------- Paragraph 2 ^ 1 of art. 7 7 has been introduced by section 3 3 of the single article of EMERGENCY ORDINANCE no. 22 22 of 23 March 2000 , published in MONITORUL OFFICIAL no. 129 129 of 28 March 2000. Repealed. ------------- Paragraph 3 of art. 7 7 has been repealed by section 6.6. 3 3 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. Repealed. ------------- Paragraph 4 of art. 7 7 has been repealed by section 6.6. 3 3 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. In case of non-return to the set deadlines of the due rates, an interest rate of 10% annually on these rates will be paid. Local public authorities, through administrators delegated by them, will conclude with the individuals provided in this article loan contracts for the advanced amounts from the special deposit, according to the legal norms in force. + Article 8 Individuals referred to in art. 7 will address the local councils, which will analyze and approve, as the case may be, the respective applications, also establishing the priority order. The amount of the subsidy is established in relation to the average monthly net income per family member, according to the norms approved annually by the Government *). Note
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*) See the Note from par. 2 2 of art. 7.
---------- + Article 9 Deposits specially made up of local councils shall be fed from the following sources: a) amounts approved annually in local budgets, intended for housing; b) receipts made from the sale of dwellings and premises with another destination from residential buildings, except for those who make income to local budgets, according to the legal provisions in force, as well as the amounts collected according to the provisions art. 7 7; c) allowances from the state budget, within the limits of the provisions approved annually with this destination; d) other sources constituted according to the law. + Article 10 The provisions of art. 7 of this law benefits, only once, the individuals who, together with the family, have not owned and do not have a dwelling in the property, except for the persons provided in art. 7 lit. c), or if the dwelling in which they manage together does not meet the minimum surface requirements, set out in Annex no. 1, corresponding to the number of people in the family Repealed. ---------- Paragraph 2 of art. 10 10 has been repealed by section 6.6. 8 8 of para. ((1) art. 502 of LAW no. 227 227 of 8 September 2015 , published in MONITORUL OFFICIAL no. 688 688 of 10 September 2015. Repealed. ---------- Paragraph 3 of art. 10 10 has been repealed by section 6.6. 8 8 of para. ((1) art. 502 of LAW no. 227 227 of 8 September 2015 , published in MONITORUL OFFICIAL no. 688 688 of 10 September 2015. + Article 10 ^ 1 Individual dwellings and units may be disposed of and acquired through legal acts between vineyards, concluded in authentic notarial form, under the sanction of absolute nullity. Proof of ownership and other real rights to a dwelling unit is made only on the basis of property deeds and land book extract for information. ------------- Article 10 ^ 1 has been amended by art. II of LAW no. 170 170 of 16 July 2010 , published in MONITORUL OFFICIAL no. 507 507 of 21 July 2010. + Article 11 The dwellings that are carried out under the 7-9 of this law will be placed, through the care of local councils, on land owned by administrative-territorial units or on land belonging to beneficiary individuals, under the provisions of the Civil Code, with compliance with approved legal urbanism documentation and with the provision of utilities and edilitary facilities necessary for living conditions. + Article 12 Works for the viability of land for housing construction, consisting of: public roads, water supply and sewerage networks, power grids and, where appropriate, gas, telephone and district heating networks shall be financed as follows: a) public roads, water supply and sewerage networks and, as the case may be, district heating networks, local budgets and other legal funds established with this destination; b) street power grids, including the related and, where applicable, gas and street telephone transformation stations, from the revenue and expenditure budgets of the relevant autonomous regions, from bank loans contracted by them, as well as from other funds constituted with this destination. Repealed. -------------- Paragraph 2 of art. 12 12 was repealed by the art. 4 of EMERGENCY ORDINANCE no. 127 127 of 10 September 1999 , published in MONITORUL OFFICIAL no. 455 455 of 20 September 1999. + Article 13 The opening of funding and the start of public works are carried out after contracting with the future beneficiaries of at least 70% of the number of homes provided to be started. Undistributed or uncontracted homes until completion can be sold under the legal provisions. ------------- Paragraph 2 of art. 13 13 has been introduced by section 4 4 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. + Article 14 The use of existing amounts in deposits constituted at the level of local councils is also competent in their responsibility. + Article 15 The allocations from the state budget are based by the local councils, on the occasion of the elaboration of the state budget, distinct for the completion of housing and for the realization of new housing, and are transmitted to the county council and, respectively, General Council of Bucharest, as the case may be. The proposals for allocations from the state budget of the local councils, centralized on each county and the city of Bucharest, are transmitted to the Ministry of Regional Development and Housing by the county councils and the General Council of the Municipality Bucharest. For allocations from the state budget on state support for housing construction financing according to the provisions of this law, the Ministry of Regional Development and Housing performs the duties of the principal authorising officer appropriations, provided for in the Public Finance Act. In the execution of the state budget, housing construction allowances are distributed and awarded to local beneficiary councils by the Ministry of Regional Development and Housing, through county councils and the General Council of the United States. Bucharest Municipality, according to methodological norms. ------------- Article 15 has been amended by art. 8 of EMERGENCY ORDINANCE no. 24 24 of 11 April 2007 , published in MONITORUL OFFICIAL no. 247 of 12 April 2007, by replacing the name "Ministry of Transport, Construction and Tourism" with the name "Ministry of Development, Public Works and Housing". + Article 16 The list including the number, the structure on the number of rooms and the location of the homes, as well as the list of persons who will benefit from housing, in the order of priority 7 by local councils, shall be displayed at their premises. + Article 17 Through the family, for the purposes of this law, it is understood the husband, wife, children and parents of the spouses, who live and manage together. + Article 18 Until the restitution of the amounts due by the beneficiaries of the homes, the legal mortgage on the home + Article 19 The alienation, by acts between vineyards, of the dwellings for the realization of which subsidies were granted can be made only after the full refund of the updated amounts due and on the basis of the proof of full submission of the value of the updated amounts, obtained as subsidies from the state budget, according to the provisions of art. 7, in the warehouse constituted for the realization of housing, under the present law. + Article 20 Repealed. -------------- Article 20 was repealed by the letter. b) a art. 8 of EMERGENCY ORDINANCE no. 42 42 of 26 May 2005 , published in MONITORUL OFFICIAL no. 463 463 of 1 June 2005. + Chapter III House rental + Article 21 Repealed. -------------- Article 21 was repealed by the letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 22 Repealed. -------------- Article 22 was repealed by the letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 23 Repealed. -------------- Article 23 was repealed by the letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 24 Repealed. -------------- Article 24 was repealed by letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 25 Repealed. -------------- Article 25 was repealed by the letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 26 Repealed. -------------- Article 26 was repealed by the letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 27 Repealed. -------------- Article 27 was repealed by the letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 28 Repealed. -------------- Article 28 was repealed by the letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 29 Repealed. -------------- Article 29 was repealed by the letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 30 Repealed. -------------- Article 30 was repealed by the letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 31 Repealed. -------------- Article 31 was repealed by the letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 32 Repealed. -------------- Article 32 was repealed by the letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Article 33 Repealed. -------------- Article 33 was repealed by the letter. s) a art. 230 of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. + Chapter IV Administration of residential buildings + Article 34 Residential buildings can be given by the owner in the administration of natural or legal persons, associations, public services or specialized economic agents, as the case may be. The obligations of those administering are mainly the following: a) the management of goods and money funds; b) to carry out the necessary formalities in the employment of contracts with the service providers for the operation and maintenance of the building, ------------- Lit. b) a par. 2 2 of art. 34 34 has been amended by section 4.2 8 8 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. c) ensuring the knowledge and respect of the common living rules; d) representation of the owner's interests in relation to public authorities e) the fulfillment of any other obligations provided by law. + Article 35 In residential buildings with several dwellings, the owner is responsible for ensuring the normal operating conditions of the home under exclusive ownership and of the premises in the individual property. For this purpose the owners can be constituted in associations with legal personality. ------------- Paragraph 2 of art. 35 35 has been amended by section 9 9 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. -------------- Paragraph 3 of art. 35 35 has been repealed by art. 61 of LAW no. 230 230 of 6 July 2007 , published in MONITORUL OFFICIAL no. 490 490 of 23 July 2007. + Article 35 ^ 1 Eliminated. -------------- Article 35 ^ 1 was deleted by the repeal of section 1. 4 4 of the single article of EMERGENCY ORDINANCE no. 210 210 of 4 December 2008 , published in MONITORUL OFFICIAL no. 835 835 of 11 December 2008 by point 2 2 of the single article of LAW no. 310 310 of 6 October 2009 , published in MONITORUL OFFICIAL no. 680 680 of 9 October 2009. + Article 36 Repealed. -------------- Article 36 was repealed by art. 61 of LAW no. 230 230 of 6 July 2007 , published in MONITORUL OFFICIAL no. 490 490 of 23 July 2007. + Article 37 Tenants of buildings with several homes may associate, according to the law, for the purpose of representing their interests in relations with owners, as well as with other legal entities or individuals. For the same purpose, in case of unconstituent association, tenants can mandate a representative. + Chapter V Social housing + Article 38 Social housing constructions can be carried out, in any locality, on the sites provided for in urban planning documentation and under the conditions of this law. The establishment of the social housing fund is done by the realization of new constructions and the rehabilitation of existing constructions. The local councils control and respond to the social housing fund located on the territory of the respective administrative-territorial units. + Article 39 Social housing belongs to the public domain of administrative-territorial units. + Article 40 Social housing will be amplified only on land belonging to administrative-territorial units, according to the provisions of art. 11. + Article 41 The social housing is carried out in compliance with the useful surface and the facilities established within the limit of the built area, according to 1 to the present law. For housing that is carried out through the rehabilitation of existing constructions only the provisions related to the minimum endowment are considered mandatory + Article 42 They have access to the social housing, in order to rent, families or people with an average monthly net income per person, realized in the last 12 months, below the level of average monthly net earnings on total economy, communicated by the National Institute of Statistics in the last Statistical Bulletin prior to the month in which the application is analyzed, as well as before the month in which the home is assigned -------------- Paragraph 1 of art. 42 42 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 57 57 of 7 May 2008 , published in MONITORUL OFFICIAL no. 358 358 of 9 May 2008. Repealed. -------------- Paragraph 2 of art. 42 42 has been repealed by section 6.6. 2 2 of art. I of EMERGENCY ORDINANCE no. 57 57 of 7 May 2008 , published in MONITORUL OFFICIAL no. 358 358 of 9 May 2008. The monthly net income per family is determined on the basis of the income statement and the supporting documents, according to the legal provisions. Income statements, made with insincerity, attract material or criminal liability, as the case may be. + Article 43 Social housing is distributed by the local public administration authorities who have them under management on the basis of the criteria established annually by them, under the provisions of this chapter, and they may benefit, in the order of priority established according to the law, the following categories of persons: persons and families evacuated or to be evacuated from the homes returned to former owners, young people who are up to 35 years old, young people from institutions of social protection and who have reached the age of 18, invalids of the first and second degree, persons with disabilities, pensioners, veterans and widows of war, beneficiaries of the provisions of the Law of gratitude to the heroes-martyrs and fighters who contributed to the victory of the Romanian Revolution of December 1989, as well as to the persons who they sacrificed their lives or suffered as a result of the anti-communist labor revolt in Brasov in November 1987 no. 341/2004, with subsequent amendments and completions, and of the provisions Decree-Law no. 118/1990 on the granting of rights to persons persecuted for political reasons of dictatorship established with effect from 6 March 1945, as well as those deported abroad or constituted in prisoners, republished, with amendments and completions subsequent, other persons or families entitled. -------------- Article 43 has been amended by section 43. 3 3 of art. I of EMERGENCY ORDINANCE no. 57 57 of 7 May 2008 , published in MONITORUL OFFICIAL no. 358 358 of 9 May 2008. + Article 44 The lease shall be concluded by the mayor or by a person empowered by him with the beneficiaries established by the local council, for a period of 5 years, with the possibility of extension on the basis of the declaration of income and of the acts Necessary proof according to legal provisions. The rent level will not exceed 10% of the monthly net income, calculated over the last 12 months, per family. Difference up to the nominal value of the rent, calculated according to art. 31, will be subsidized from the local budget of the administrative-territorial unit where the social housing is located. + Article 45 The holder of the lease is obliged to communicate to the mayor, within 30 days, any change produced in the monthly net income of his family, under penalty of termination of the lease. In cases where the monthly net income per family has changed, the authority of the local public administration will operate the modification of the rent and the subsidy granted, due to the owner. + Article 46 The lease may terminate: a) under the conditions provided in art. 24 24 of this Law; b) if the average monthly net income per family, made in 2 consecutive fiscal years, exceeds by more than 20% the minimum level provided for in art. 42 of this law, and the holder of the lease did not pay the nominal value of the rent within 90 days of the communication. + Article 47 Social housing made according to this law cannot be sold. + Article 48 They cannot benefit from social housing, according to this law, persons or families who: a) own a dwelling; b) have alienated a dwelling after January 1, 1990; c) benefited from the state's support in credits and execution for the realization of a dwelling; d) hold, as a tenant, another dwelling from the state housing stock. ------------- Lit. d) of art. 48 48 has been amended by section 4.2 12 12 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. + Article 49 Beneficiaries of social housing do not have the right to sublet, transmit the right of habitation or change the destination of the rented space, under penalty of terminating the lease agreement and incurring any damage to the home and Building, as appropriate. + Article 50 The financing of social housing is ensured from local budgets, within the limits of the annual approved budgetary provisions, of local councils, in which purpose a separate spending subdivision is established in these budgets. The state supports the construction of social housing through transfers from the state budget, established annually with this destination in the budget of the Ministry of Regional Development and Housing, through the state budget law. ------------- Paragraph 2 of art. 50 50 has been amended by art. 8 of EMERGENCY ORDINANCE no. 24 24 of 11 April 2007 , published in MONITORUL OFFICIAL no. 247 of 12 April 2007, by replacing the name "Ministry of Transport, Construction and Tourism" with the name "Ministry of Development, Public Works and Housing". Individuals and economic agents can support through donations or contributions the construction of social housing. + Chapter VI Service dwelling and intervention dwelling + Article 51 The service housing fund shall be composed of: a) existing dwellings, which, according to the legal provisions, remain with the destination of service housing on the date of entry into force of this law; b) new housing. The conditions and the duration of the rental will be stipulated in the lease agreement concluded between the contracting parties, accessory to the employment contract. + Article 52 New homes are financed, under the law, from: a) the state budget and local budgets, within the limits of the budgetary provisions approved annually with this destination; b) budgets of economic agents, for their employees. + Article 53 The service dwellings financed from the state budget or from the local budgets are carried out in compliance with the useful surface and facilities, within the limit of the area built on the apartment, according to Annex no. 1. The service housing will be amplified as follows: a) on land owned by the state or administrative-territorial units, for dwellings financed from the state budget or from local budgets, with the provision of land viability, according to the provisions of art. 12 12; b) on land belonging to economic agents, for housing and land viability works, financed from their budgets. In special situations, determined by the nature of the site and the character of the area, with the approval of the authorising officers, the dwellings provided 1 1 can be built with areas increased by up to 20% compared to those set out in Annex no. 1, and above this limit, with the Government's approval. The service dwellings carried out under the conditions of this law, financed from the state budget and local budgets, can be sold under the law, with the approval of the Government, in case the activity that generated the housing It has narrowed or ceased. + Article 54 The intervention home follows the service of the service home. The intervention dwellings shall be carried out with the investment objective and shall be placed on its premises or in close proximity. Intervention housing cannot be sold to tenants. + Chapter VII Housing of necessity + Article 55 The dwelling of necessity is financed and carried out under the conditions established for the social housing. The dwelling of necessity is temporarily rented to persons and families whose homes have become unusable according to the provisions of art. 2 lit. f). The lease contract shall be concluded by the mayor of the locality or by a person empowered by him, on the basis of the decision of the local council, until the effects that have made the dwellings unusable. + Article 56 Local councils can declare, in cases of extreme urgency, housing of necessity, free housing in the social housing fund. Housing of free necessity can be temporarily constituted as a social housing fund. ------------- Paragraph 2 of art. 56 56 has been introduced by section 13 13 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. + Chapter VIII Protocol dwelling + Article 57 The protocol dwellings are public property of the state. The administration of the protocol housing fund is made by the Autonomous Regia "Administration of the State Protocol Heritage", which ensures the record, maintenance, repair and preservation of it, as well as the collection of the rent. The attribution, occupation and use of protocol dwellings shall be made under the conditions of + Article 58 The President of Romania, the President of the Senate, the President of the Chamber of Deputies and the Prime Minister benefit, under the present law, from a protocol dwelling, as an official residence Official residences of persons referred to in par. (1) shall be assigned by the Government and shall be made available to them, together with the related facilities, during the exercise of the function, by the Autonomous Regia < > >. ------------- Paragraph 2 of art. 58 58 has been amended by section 14 14 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. The list of buildings with official residence destination, as well as the other protocol dwellings and the conditions that they must meet, including those of endowment and comfort, are established by Government decision. ------------- Paragraph 3 of art. 58 58 has been amended by section 14 14 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. + Article 59 They can benefit from the protocol dwelling, on request, with the payment of the rent provided by law, the persons who meet the following public offices: vice-presidents of the Senate and of the Chamber of Deputies, state ministers, their ministers and assimilations, as well as the President of the Supreme Court of Justice, the President of the Constitutional Court, the President of the Court of Auditors, the President of the Legislative Council and the Ombudsman, during the exercise For persons referred to in par. 1, the award of the protocol dwelling is made by decision of the Prime Minister and is made available to them by the Autonomous Regia "Administration of the State Protocol Heritage". The assignment of protocol dwellings can be made only if the persons provided in par. 1 do not own, in the locality where they operate, another dwelling that meets the conditions established according to art. 58 58 para. 3. The protocol dwellings are located only in buildings with low number of apartments intended for this use. ------------- Paragraph 4 of art. 59 59 has been introduced by section 15 15 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. The areas of the protocol housing will be at least 30% higher than those set out in Annex no. 1, which is an integral part of this law. ------------- Paragraph 5 of art. 59 59 has been introduced by section 15 15 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. + Article 60 For official residences, the Autonomous Regia "Administration of the State Protocol Heritage" will conclude leases with the specialized services of the institutions in which the beneficiary persons operate. For the protocol dwellings, the rental contracts shall be concluded by the Autonomous Regia "Administration of the State Protocol Heritage" with the direct beneficiaries, who, on this basis, will be able to occupy the respective home together with the family members. The contract for the rental of the protocol dwellings and those with official residence destination shall cease by right within 60 days from the date of issue of the beneficiary. The attribution, under the conditions of this law, of an official residence, respectively of a protocol dwelling, does not affect the housing rights held by the persons referred to in art. 58 58 and 59. + Chapter IX Transitional and final provisions + Article 61 Any dispute in connection with the application of the provisions of this law shall be settled by the courts. + Article 61 ^ 1 Art. 35 applies to all owners within the condominiums defined in art. 2 lit. i). ------------ Art. 61 ^ 1 was introduced by item 1. 3 3 of the single article of LAW no. 310 310 of 6 October 2009 , published in MONITORUL OFFICIAL no. 680 of 9 October 2009 supplementing the single article of EMERGENCY ORDINANCE no. 210 210 of 4 December 2008 , published in MONITORUL OFFICIAL no. 835 835 of 11 December 2008, with point 4 4 ^ 1. + Article 62 Provisions Government Ordinance no. 19/1994 on stimulating investment for public works and housing construction, approved and amended by Law no. 82/1995 , continue to apply until the end of the homes started. Repealed. ------------ Paragraph 2 of art. 62 62 has been repealed by art. II of ORDINANCE no. 76 76 of 30 August 2001 , published in MONITORUL OFFICIAL no. 540 540 of 1 September 2001. Repealed. ------------ Paragraph 3 of art. 62 62 has been repealed by art. II of ORDINANCE no. 76 76 of 30 August 2001 , published in MONITORUL OFFICIAL no. 540 540 of 1 September 2001. Repealed. ------------ Paragraph 4 of art. 62 62 has been repealed by art. II of ORDINANCE no. 76 76 of 30 August 2001 , published in MONITORUL OFFICIAL no. 540 540 of 1 September 2001. + Article 63 Repealed. ------------- Paragraph 1 of art. 63 63 has been repealed by art. 86 of ORDINANCE no. 73 73 of 27 August 1999 , published in MONITORUL OFFICIAL no. 419 419 of 31 August 1999. ORDINANCE no. 73 73 of 27 August 1999 , published in MONITORUL OFFICIAL no. 419 419 of 31 August 1999 was repealed by art. 85 of ORDINANCE no. 7 7 of 19 July 2001 , published in MONITORUL OFFICIAL no. 435 435 of 3 August 2001. ORDINANCE no. 7 7 of 19 July 2001 , published in MONITORUL OFFICIAL no. 435 435 of 3 August 2001 was repealed by art. 298 of LAW no. 571 571 of 22 December 2003 , published in MONITORUL OFFICIAL no. 927 927 of 23 December 2003. Romanian legal entities that invest from profit for the works provided in art. 5, 6 and 12, separately or cumulatively, benefit from the tax exemption on the invested profit, according to the provisions of art. 5 5 of this law. Repealed. -------------- Paragraph 3 of the art. 63 63 was removed by the repeal of LAW No. 62 62 of 22 March 2006 , published in MONITORUL OFFICIAL no. 268 268 of 24 March 2006 by the art. 3 of EMERGENCY ORDINANCE no. 51 51 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. + Article 64 Repealed. -------------- Article 64 was repealed by art. 61 of LAW no. 230 230 of 6 July 2007 , published in MONITORUL OFFICIAL no. 490 490 of 23 July 2007. + Article 65 The construction of holiday houses is authorized, at the request of individuals and economic agents, only on land owned by them or conceived under the law, in the areas established by urban planning documentation and landscaping, approved according to the law. + Article 65 ^ 1 Land with or without constructions subject to this law shall be identified by cadastral number and land registry number, as the case may be. ------------- Art. 65 ^ 1 was introduced by item 5 5 of the single article of EMERGENCY ORDINANCE no. 210 210 of 4 December 2008 , published in MONITORUL OFFICIAL no. 835 835 of 11 December 2008. + Article 66 The payment of rent for official residences is made from the budgets of the Romanian Presidency, the Senate, the Chamber of Deputies and the General Secretariat of the Government, within the limits of the annual + Article 67 The government is responsible for the unitary application, throughout the country, of the development policy of the housing construction. The housing development program is elaborated by the Ministry of Regional Development and Housing, based on the foundation of the central public administration bodies concerned, the county and local councils, in accordance with the urban planning and landscaping, approved according to the law. ------------- Paragraph 2 of art. 67 67 has been amended by art. 8 of EMERGENCY ORDINANCE no. 24 24 of 11 April 2007 , published in MONITORUL OFFICIAL no. 247 of 12 April 2007, by replacing the name "Ministry of Transport, Construction and Tourism" with the name "Ministry of Development, Public Works and Housing". + Article 68 In order to comply with the provisions of this law, the Government will adopt methodological norms of application *). Note
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* *) The methodological norms were approved by Government Decision no. 446 446 of 12 August 1997 , published in the Official Gazette of Romania, Part I, no. 203 203 of 21 August 1997.
---------- + Article 69 Repealed. -------------- Article 69 was repealed by art. 61 of LAW no. 230 230 of 6 July 2007 , published in MONITORUL OFFICIAL no. 490 490 of 23 July 2007. + Article 70 Repealed. ------------- Article 70 was repealed by point (a). 18 18 of art. I of LAW no. 145 145 of 27 July 1999 , published in MONITORUL OFFICIAL no. 439 439 of 9 September 1999. + Article 71 Persons who benefit from rights more favourable than those provided for in this Law, enshrined in special laws, which refer, inter alia, to the matter of housing and related legal relations, shall continue to enjoy enforcement of more favourable rights. + Article 72 The provisions of this law on rental of housing are completed with the provisions of the Civil Code on the lease + Article 73 The date of entry into force of this Law shall be repealed: - Law no. 5/1973 on the management of the housing stock and the regulation of relations between landlords and tenants, except for the head 4 4 and art. 63 63 with reference to the head. 4 of the same law, exclusively the provisions relating to housing areas personal property; - H.C.M. no. 860/1973 for the establishment of implementing measures Law no. 5/1973 , as regards the rental of housing; - Decree of the State Council no. 256/1984 on improving the housing-building regime and amending some regulations relating to the establishment of the limit prices of housing that are being built from state funds, the contracting prices of housing property personal and sale prices of homes from the housing stock fund, except art. III and Annexes no. 3 3 and 4; - Decree of the State Council no. 68/1975 on improving the regime of building housing from state funds or from population funds with state support in credits and execution; --art. 12 12 para. 1 lit. a) and para. 2 2, art. 21 21-25 and art. 35 35 para. 2 2 of Law no. 50/1991 on the authorization of construction execution and some measures for housing development; -any other provisions contrary to the provisions of this law. + Annex 1 MINIMUM REQUIREMENTS for housing A. Minimal requirements: -individual free access to the habitable space, without disturbing the possession and the exclusive use of the space held by another person or family; -space for rest; -food preparation space; -sanitary group; -access to electricity and drinking water, controlled wastewater disposal and household waste; --eliminated. ------------ The last indent of point A of Annex 1 was deleted by the repeal of point A. 6 6 of the single article of EMERGENCY ORDINANCE no. 210 210 of 4 December 2008 , published in MONITORUL OFFICIAL no. 835 835 of 11 December 2008 by point 4 4 of the single article of LAW no. 310 310 of 6 October 2009 , published in MONITORUL OFFICIAL no. 680 680 of 9 October 2009. B. Minimal surfaces ------------------------------------------------------------------------------- | Person-| Rooms/| Camera | Dormi-| Place de | Buca-| Still-| Spaces | Supra-| Supra-| | ne/fa-| habin-| de zi | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ------------------------------------------------------------------------------- | | No. | | No. | sqm | sqm | sqm | sqm | sqm | sqm | sqm | sqm | sqm | ------------------------------------------------------------------------------- | 1 | 1 | 18,00 |-| 2,50 | 5,00 | 4,50 | 2,00 | 37,00 | 58,00 | ------------------------------------------------------------------------------- | 2 | 2 | 18,00 | 12,00 | 3.00 | 5,00 | 4,50 | 2,00 | 52,00 | 81,00 | ------------------------------------------------------------------------------- | 3 | 3 | 18,00 | 22,00 | 3.00 | 5,50 | 6,50 | 2,50 | 66,00 | 102,00 | ------------------------------------------------------------------------------- | 4 | 3 | 19,00 | 24,00 | 3,50 | 5,50 | 6,50 | 3,50 | 74,00 | 115,00 | ------------------------------------------------------------------------------- | 5 | 4 | 20,00 | 34,00 | 3,50 | 6,00 | 7,50 | 4,00 | 87,00 | 135,00 | ------------------------------------------------------------------------------- | 6 | 4 | 21.00 | 36,00 | 4,50 | 6,00 | 7,50 | 4,50 | 93.00 | 144,00 | ------------------------------------------------------------------------------- | 7 | 5 | 22,00 | 46,00 | 5,00 | 6,50 | 9,00 | 5,00 | 107,00 | 166,00 | ------------------------------------------------------------------------------- | 8 | 5 | 22,00 | 48,00 | 6,00 | 6,50 | 9,00 | 5,50 | 110,00 | 171,00 | ------------------------------------------------------------------------------- NOTE: -The surface of the living room at the home with a room includes the sleeping space. -The dining place can be embedded in the kitchen or in the living room. -The minimum free height of the living rooms will be 2.55 m, except for lofts, valves and niches, at which a minimum volume of 15 mc per person will be provided. -The habitable surface is the deployed surface of the living rooms. It comprises the surface of the bedrooms and the living room. -The useful surface is the deployed surface, less surface area. -The useful surface of the home is the sum of all useful surfaces of the rooms It comprises: living room, bedrooms, bathrooms, toilet, shower, kitchen, storage and circulation spaces inside the home. It is not included: the surface of the loggias and balconies, the thresholds of the door gaps, the crossings with openings up to 1.00 m, the radiator niches, as well as the areas occupied by stoves and bath boilers (0.50 sqm each for each stove and boiler). bath), where the heating is made with stoves. In the case of duplex housing, the ramp, less the levels, is not included in the useful surface of the home. -The area built on the dwelling, provided in Table B, is the sum of useful surfaces of rooms, loggias, balconies, as well as part-parts of the surfaces of common parts of buildings (laundries, dryers, stairwell, including annexes for the collection, storage and disposal of household waste, elevator house, etc.), plus the area related to the interior and exterior walls of the dwelling; in the case of solid fuel heating, the area related to the stoves is added and Bath boilers. The areas of the basement boxes and of the garages which may be distinctly laid down shall not be included. -The surface of the main sanitary room in the home will allow access to the bath tub of people immobilized in a wheelchair. -The sanitary room is included in the home, if the water supply and sewerage can be provided. -The minimum traffic width of the corridors and vestibule inside the home will be 120 cm. -Depending on the location of the construction, the built surfaces can have deviations within the limits of + -10%. -The number of people on the home is used to allocate social housing, intervention, service and necessity. C. Sanitary rooms Number of rooms/dwelling ------------------------------------------------------------ | 1 | 2 | 3 | 4 | 5 | ------------------------------------------------------------------------------ | Bath | 1 | 1 | 1 | 1 | 1 | 2 | ------------------------------------------------------------------------------ | Dus | | | | | | | | | | | | | | ------------------------------------------------------------------------------ | WC | | | | | | | | | | | | | ------------------------------------------------------------------------------ D. Minimum endowment of sanitary rooms ------------------------------------ | Bath | Dus | WC | ------------------------------------------------------------------------------ | Bath tub | | | | | | | | | | ------------------------------------------------------------------------------ | Vas WC | | 1 | 1 | 1 | ----------------------------------------------------------------------------- | Lavoar | great | 1 | | | | | | | ----------------------------------------------------- | | small | | | 1 | 1 | ------------------------------------------------------------------------------ | Cuva for the shower | | | | | | | | | ----------------------------------------------------------------------------- | Etajera | great | 1 | | | | | | | ----------------------------------------------------- | | mica | | | 1 | 1 | 1 | ------------------------------------------------------------------------------ | Mirror | great | 1 | |-| | | | ----------------------------------------------------- | | mica | | | 1 | 1 | 1 | ------------------------------------------------------------------------------ | Porttowel | | 1 | 1 | 1 | 1 | ----------------------------------------------------------------------------- | Portsoap | | 1 | 1 | 1 | 1 | | ----------------------------------------------------------------------------- | Porthartie | | 1 | 1 | 1 | 1 | ------------------------------------------------------------------------------ | Cuier | | 1 | 1 | | | | | ----------------------------------------------------------------------------- | Chiffon floor | | 1 | 1 |-| | ------------------------------------------------------------------------------ NOTE: -In the bathroom will provide the space for the washing machine. -The sanitary rooms will be ventilated directly or through the ventilation basket. E. Minimum kitchen equipment ------------------------------------------------------------------------------ | No. of rooms/dwelling | 1-2 | 3 | 4 | 5 | | ----------------------------------------------------------------------------- | Washing and dripping washer | 1 | 1 | 1 | 1 | 1 | ------------------------------------------------------------------------------ NOTE: -In the kitchen will be provided: ventilation basket, space for the refrigerator and for the working table. F. Minimum endowment with electrical installations -------------------------------------------------------- | Bedroom | Living room | Kitchen | Bathroom | Dus | WC | ------------------------------------------------------------------------------ | Place of lamp | 1 | 1 | | | | | | | | | | | | ------------------------------------------------------------------------------ | Apply | | | | | 1 | 1 | 1 | 1 | 1 | ------------------------------------------------------------------------------ | Switch | 1 | 1 | | | | |-| | | | | | | ------------------------------------------------------------------------------ | Switch | | | | | 1 | 1 | 1 | 1 | 1 | ------------------------------------------------------------------------------ | Outlet | 2 | 3 | 1 | | | | | | | | ------------------------------------------------------------------------------ | Contact outlet | | | | | | | | | | | | protection | | | | | | 1 | | | | | | | | ------------------------------------------------------------------------------ NOTE: -Switch and apply for each storage space and circulation space will be provided. -The protective contact socket, installed for the bathroom, is mounted outside the room. -Each home will be provided with a buzzer installation. -In buildings with several homes will be provided installations and sockets for collective antenna and telephone. -For dwellings located in rural areas, the minimum facilities on sanitary rooms and kitchen will be able to be carried out during the existence of construction, in correlation with the connection of the home to public utility networks or to its own Water supply and controlled wastewater disposal. G. Spaces and common use facilities for multi-dwelling buildings -Fire prevention and extinguishing installations, as well as lift according to the rules in force. -Spaces for bicycles, strollers and for drying laundry. -Spaces for collection, storage and disposal of household waste. -Spaces for storing solid or liquid fuels, in situations where no central heating and/or gas can be provided in the kitchen. -Access ramp for persons immobilized in wheelchair. + Annex 2 Repealed ------------- Annex 2 was repealed by art. 61 of LAW no. 230 230 of 6 July 2007 , published in MONITORUL OFFICIAL no. 490 490 of 23 July 2007. ------