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Law No. 196 Of 17 November 1997 Approving Government Emergency Ordinance Nr. 40/1997 Modifying And Completing The Law On Housing No. 114/1996

Original Language Title:  LEGE nr. 196 din 17 noiembrie 1997 privind aprobarea Ordonanţei de urgenţă a Guvernului nr. 40/1997 pentru modificarea şi completarea Legii locuinţei nr. 114/1996

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LEGE no. 196 196 of 17 November 1997 on approval Government Emergency Ordinance no. 40/1997 to amend and supplement Home Law no. 114/1996
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 331 331 of 26 November 1997



The Romanian Parliament adopts this law + Article 1 Approval Government Emergency Ordinance no. 40 40 of 10 July 1997 to amend and supplement Home Law no. 114/1996 , published in the Official Gazette of Romania, Part I, no. 154 of 14 July 1997, with the following amendments: 1. In Article I (1), Article 5 (1) shall read as follows: " Romanian legal entities that invest from profit for the realization of housing, having as built areas those provided in Annex no. 1 under this law, benefit from the tax exemption on the profit invested with this destination, in the respective fiscal year. " 2. In Article I, point 3, Article 6 shall read as follows: "" Art. 6. -Romanian legal entities that invest from profit in consolidation works at the homes damaged by earthquakes, as well as the rehabilitation of existing, category III, IV and studio dwellings, made under the conditions H.C.M. no. 1.650/1968 ,, of H.C.M. no. 1.669/1969 and ale H.C.M. no. 585/1971 , benefits from the profit tax exemption, according to the provisions of art. 5 5 of this law. " 3. In Article I (5), Article 12 (2) shall read as follows: " Romanian legal entities that invest from profit in works of viability of land for housing construction benefit from the profit tax exemption, according to the provisions of art. 5 5 of this law. " 4. In Article I, point 7, Article 17 shall read as follows: "" Art. 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. " 5. In Article I, point 9, Article 20 (3) shall read as follows: " Loans for the construction or purchase of housing are granted only once to individuals with Romanian citizenship, who have not owned and do not have a home in their property. These credits also benefit, by exception, qualified persons from agriculture, education, health, public administration and cults, who establish their domicile in rural areas, as well as those who manage together with their family in housing which do not satisfy the minimum surface requirements, corresponding to the number of persons in the family, set out in Annex no. 1 1 to the present law. " 6. in Article I, after point 9, point 9 ^ 1 is inserted, with the following contents: "" 9 ^ 1. In Article 20, paragraph 4 will read as follows: Lieutenant; On receipt of the loan, the beneficiary must have constituted at the Savings House and Consemnations a deposit representing up to 10% of the amount of the requested credit. gt; gt; ' 7. In Article I, point 12, Article 27 ^ 1 shall be repealed. 8. In Article I, point 14, Article 36 shall read as follows: "" Art. 36. -In cases where, in housing buildings, one of the owners or tenants knowingly prevents and in any form the normal use of the living property, creating damage to the other owners or tenants, as the case may be, at the request the owners of the buildings or their legal representative, the court will decide the measures for the normal use of the property. " 9. In Article I, point 15, the final paragraph of Article 37 shall be repealed. 10. In Article I, paragraph 18 shall read as follows: "" 18. In Article 62, after paragraph 1, a new paragraph is inserted, which shall read as follows: Lt; The rights provided for in Government Ordinance no. 19/1994 will benefit, from the date of entry into force of the law, and the newlyweds who have, each, the age up to 35 years, fulfilled by the end of the calendar year in which the contracting takes place. gt; gt; ' 11. In Article I, paragraph 19 shall read as follows: "" 19. In Article 63, after paragraph 1, a new paragraph is inserted, with the following contents: Lt; Lt; Romanian legal persons who 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. gt; gt; ' 12. in Article I, points 20 ^ 1 and 20 ^ 2 are inserted after point 20, with the following contents: "" 20 ^ 1. In Article 69, paragraph 1 shall read as follows: Lt; Lt; Within 24 months from the date of entry into force of this law, owners in buildings with more privately owned or mixed housing shall be constituted in the owners ' associations, in accordance with the Framework Regulation of the owners ' associations, contained in Annex no. 2, which is an integral part of this law. gt; gt; ' "" 20 ^ 2. Article 70 will read as follows: Lt; Article 70. -Decree of the State Council no. 387/1977 for the approval of the Statute on the organization and functioning of the housing association, published in the Official Bulletin, Part I, no. 116 of 16 November 1977, shall be repealed after 24 months from the date of entry into force of this Law. gt; gt; ' 13. Article I (23), Article 17 (1) of Annex no. 2 "The framework regulation of the owners ' associations" will have the following contents: " The owners association, with the meeting of the majority of votes, can undertake measures aimed at improving the comfort and efficiency of the building. More important installations like: hot water boilers, central heating, water tanks, lifts, other similar large facilities can be changed by the association only with the approval of at least two thirds of the number of the owners ' votes. " + Article 2 Home Law no. 114/1996 , published in the Official Gazette of Romania, Part I, no. 254 of October 21, 1996, as amended, including those brought by this law, shall be republished, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at the meeting of November 3, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN This law was adopted by the Senate at the meeting of 4 November 1997, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN -------