LEGE no. 152 152 of 15 July 1998 (** republished) (* updated *) on the establishment of the National Housing Agency ((updated until 18 April 2016 *)
ISSUER
PARLIAMENT
---------- Note ... ---------- * *) Republicated pursuant to art. IV of Government Emergency Ordinance no. 112/2010 for amendment Law no. 152/1998 on the establishment of the National Housing Agency, published in the Official Gazette of Romania, Part I, no. 849 of 17 December 2010, approved with amendments and additions by Law no. 159/2011 , published in the Official Gazette of Romania, Part I, no. 504 of 15 July 2011, giving the texts a new numbering. Law no. 152/1998 on the establishment of the National Housing Agency was also republished in the Official Gazette of Romania, Part I, no. 744 of November 2, 2009 and, subsequently, was rectified in the Official Gazette of Romania, Part I, no. 833 of 3 December 2009, and has been amended and supplemented by: - Government Emergency Ordinance no. 14/2010 for amendment Law no. 152/1998 on the establishment of the National Housing Agency, published in the Official Gazette of Romania, Part I, no. 142 of 4 March 2010, approved by Law no. 123/2010 , published in the Official Gazette of Romania, Part I, no. 452 452 of 2 July 2010; - Government Emergency Ordinance no. 33/2010 for amendment art. 9 9 para. ((2) lit. d) of Law no. 152/1998 on the establishment of the National Housing Agency, published in the Official Gazette of Romania, Part I, no. 243 of 16 April 2010, approved by Law no. 143/2010 , published in the Official Gazette of Romania, Part I, no. 496 496 of 19 July 2010; - Government Emergency Ordinance no. 65/2010 to amend and supplement Law no. 152/1998 on the establishment of the National Housing Agency, published in the Official Gazette of Romania, Part I, no. 446 446 of 1 July 2010, approved by Law no. 7/2011 , published in the Official Gazette of Romania, Part I, no. 159 159 of 4 March 2011. ---------- + Chapter I General provisions + Article 1 (1) For the development of housing construction at national level, the National Housing Agency, called abbreviated A.N.L., is established under the authority of the Ministry of Regional Development and Public Administration. ... ---------- Alin. ((1) of art. 1 1 has been amended by art. III of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 of 28 July 2015, by replacing a phrase. (2) A.N.L. is an institution of public interest with legal personality, coordination of financing sources in the field of housing construction, having financial autonomy. ... (3) The regulation of organization and functioning of the A.N.L. is approved by Government decision * *). ... Note ... ---------- ** **) See Government Decision no. 620/2001 for the approval of the Regulation on the organization and functioning of the National Housing Agency, published in the Official Gazette of Romania, Part I, no. 381 381 of 12 July 2001, as amended. ---------- + Article 2 ((1) A.N.L. has as objectives: ... a) the achievement of financial montages; ... b) the attraction and administration of financial resources, under the conditions of this law, for the construction, purchase, rehabilitation, consolidation and extension of some dwellings, including those operated on a rental basis; ... c) promotion and development at sectoral and national level of programs regarding the construction of housing for young people, for rent, construction of social housing and necessity, construction of service housing, construction and/or rehabilitation of destroyed or severely damaged homes, located in areas affected by natural calamities, construction of rent dwellings by attracting private capital, including by concession of public works, under the law, construction other public housing of the State or of establishments administrative-territorial, as well as existing construction interventions, in the application of measures established by government programs. Government programs and their funding sources are approved by the Government, at the proposal of the Ministry of Regional Development and Public Administration; ... ---------- Lit. c) a par. ((1) of art. 2 2 has been modified by the subsection. 1 1 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. c ^ 1) the financing of the design and execution, under the law, of the utilities necessary for the operation of the investment objectives within the governmental program on the construction of service housing provided in lett. c), on land under public ownership of the state and in the administration of central public authorities that have requested their realization, namely: water supply, sewerage, natural gas supply, thermal agent, electricity, telecommunications, access roads, which are executed on the legally delimited site, as belonging to the investment objective, as well as the expenses related to the connection to the utility networks, from the funds provided in par. ((2); ---------- Lit. c ^ 1) a par. ((1) of art. 2 was introduced by the subsection. 2 2 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. d) the acquisition of land for the construction of dwellings, under the law, and, as the case may be, the monitoring of some programs for the realization of their works of viability; ... e) the initiation and/or development, under the market conditions, of private property housing construction programs by mortgage loan; ... f) the realization of specialized studies on the real estate market (demand and supply of housing, construction land, costs, etc.). ... g) the administration and exploitation of dwellings made under the program on the construction of rent housing by attracting private capital; the exploitation of these dwellings can be carried out by the A.N.L. and through economic operators, including according to public works concession contracts, concluded under the law; public works concession contracts may also include clauses on the collection of rents, the management of material goods and money funds, formalities required in the employment of contracts with service providers for the exploitation of dwellings, as well as other clauses necessary for the exploitation of housing ... ---------- Letter g) a par. ((1) of art. 2 2 was introduced by section 4.2. 2 2 of art. IV of EMERGENCY ORDINANCE no. 121 121 of 22 December 2011 published in MONITORUL OFFICIAL no. 931 931 of 29 December 2011. (2) Investments on housing constructions provided in par. ((1) lit. c) are financed from the state budget and/or local budgets, from internal/external credits, from sources of private investors, as well as from other legally constituted sources. ... (3) Promotion and development of investments under the program on the construction of rent housing by attracting private capital, provided in par. ((1) lit. c), including administration, exploitation, distribution criteria, as well as the distribution of these dwellings shall be provided for in the normative act of approval of the program. ... ---------- Alin. ((3) of art. 2 2 has been amended by section 3 3 of art. IV of EMERGENCY ORDINANCE no. 121 121 of 22 December 2011 published in MONITORUL OFFICIAL no. 931 931 of 29 December 2011. (4) In the structure of the investment expenses provided in par. ((1) lit. c) and e) will be included a 5% share that constitutes income of A.N.L., intended to cover the expenses incurred for: ... a) the realization of the necessary financial installation, the contracting of the design services, the contracting and the pursuit of the execution works, in compliance with the legislation in force, for the governmental housing programs provided in par. ((1) lit. c); ... b) fulfillment of the obligations assumed under the private property housing program by mortgage loan provided in par. ((1) lit. e). ... ---------- Alin. ((4) of art. 2 2 has been modified by the subsection. 3 3 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (5) Approval of the technical and economic documentation of the investment objectives provided in par. (2) is made under the law. ... (6) In application of provisions art. 67 67 para. 2 of the Housing Law no. 114/1996 ... , republished, with subsequent amendments and completions, the initiation and development of housing construction programs by A.N.L. shall be made with the opinion of the Ministry of Regional Development and Public Administration. ---------- Alin. ((6) of art. 2 2 has been amended by art. III of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 of 28 July 2015, by replacing a phrase. (6 ^ 1) The local and/or central public administration authorities shall be responsible for the necessity and appropriateness of housing through the housing construction programs, which are executed at their request, provided in par. ((1) lit. c), at the level of administrative-territorial unit. If the dwellings are not fully distributed, the local and/or central public administration authorities shall respond to the security and preservation of the buildings taken until their distribution to the rightful beneficiaries, and will carry out at their expense all necessary remedies to the buildings taken and undistributed to which damage is found as a result of their non-use. ---------- Alin. (6 ^ 1) of art. 2 2 was introduced by the subsection. 4 4 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (7) A.N.L. collaborates with the local public administration authorities to identify land and/or constructions in various stages of execution or completion and unexploited, which can be included in the programs provided in par. ((1) lit. c) and e), with their obligation to carry out, at their own expense, the assessment of land and/or uncompleted constructions at various stages of execution. ... ---------- Alin. ((7) of art. 2 2 has been modified by the subsection. 5 5 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (7 ^ 1) For uncompleted constructions at various stages of execution, provided in par. (7), it is mandatory to carry out by the local public administration authorities, at their own expense, a technical and energy expertise, as the case may be, by technical experts and energy auditors authorized according to the law. ----------- Alin. (7 ^ 1) of art. 2 2 has been introduced by section 4 4 of art. IV of EMERGENCY ORDINANCE no. 121 121 of 22 December 2011 published in MONITORUL OFFICIAL no. 931 931 of 29 December 2011. (8) Development of housing constructions under the conditions provided in par. ((1) lit. c) and e) shall be made on viable lands up to the outer limit of the perimeter intended for construction. ... ---------- Alin. ((8) of art. 2 2 has been modified by the subsection. 6 6 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (8 ^ 1) The technical-urban works necessary to ensure the living conditions within the perimeter for housing are carried out correlated with the deadlines for reception and commissioning of housing. ---------- Alin. (8 ^ 1) of art. 2 2 was introduced by the subsection. 7 7 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (8 ^ 2) By exception to the provisions of par. ((8 ^ 1) and the art. 12 of the Housing Law no. 114/1996 , republished, with subsequent amendments and completions, A.N.L. may finance, from the funds provided in par. (2), the design and execution of utilities necessary for the operation of the investment objectives within the governmental program on the construction of service housing on land owned by the public property of the state and in the administration central public authorities who have requested their realization, such as: water supply, sewerage, natural gas supply, thermal agent, electricity, telecommunications, access roads, as well as the expenses related to the connection to Utility networks. ---------- Alin. (8 ^ 2) of art. 2 2 was introduced by the subsection. 7 7 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. ((8 ^ 3) The expenses for the design and execution of the utilities necessary for the operation of the investment objectives provided in (8 ^ 1) are included in the structure of their general estimate, under the law. ---------- Alin. ((8 ^ 3) of art. 2 2 was introduced by the subsection. 7 7 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. ((9) The financing resources in the construction of housing with mortgage credit that are carried out through the programs of the A.N.L. shall be constituted from the own sources of the beneficiaries and/or from mortgages granted to them by authorized financial institutions according to law ... (10) In order to attract additional financial resources, as well as to ensure livable land, intended for the construction of housing, legal entities with activities in the construction of housing, roads, investment real estate, in the field of communal household services, as well as those of gas supply and electricity can participate alongside A.N.L. and/or local public authorities to the financing and development of projects for the development of living areas, on the basis of contracts concluded according to the law. ... (11) In application of the provisions of (10), the types of framework contracts, the form and content of the pre-feasibility and feasibility studies and the criteria for the analysis of the eligibility of investors shall be established by methodological norms * **) by the application of this law. ... Note ... ---------- *** ***) See Government Decision no. 962/2001 approving the Methodological Norms for the implementation of the provisions Law no. 152/1998 on the establishment of the National Housing Agency, published in the Official Gazette of Romania, Part I, no. 626 of 4 October 2001, with subsequent amendments and completions. ---------- (12) If on land intended for the location of housing constructions that is carried out within the programs provided in par. ((1) lit. c) it has not reached the stage of authorization of construction works, within one year of the free use of land, under the law, A.N.L. will reanalyze on the board of directors the opportunity to continue the programs of construction and will establish, together with the Ministry of Regional Development and Public Administration and the local public administration authorities involved, how to use the respective land and to capitalize on the execution projects made with funding from budgetary sources. ... ---------- Alin. ((12) of art. 2 2 has been amended by art. III of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 of 28 July 2015, by replacing a phrase. (13) In order to resolve the situation referred to in (12), A.N.L. shall be empowered to take the following measures: ... a) if, according to the Governance Program and the analysis carried out together with the Ministry of Regional Development and Public Administration, it is appropriate to continue the housing construction programs provided in par. ((1) lit. c), and the local public administration authorities agree and decide to extend the granting of the right of free use of the related land, the execution projects carried out are capitalized on the continuation of these programs; ... ---------- Lit. a) a par. ((13) of art. 2 2 has been amended by art. III of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 of 28 July 2015, by replacing a phrase. b) if the local public administration authorities agree and decide to extend the granting of the right of free land use to A.N.L., but for the development by the agency of some housing construction programs by mortgage loan, provided in par. ((1) lit. e), the execution projects carried out with financing from budgetary sources are capitalized within these programs, and the resulting amounts shall be transferred by A.N.L. to the state budget; ... c) if the local public administration authorities do not agree with the extension of the grant of free use of land to A.N.L. and/or request land restitution, and will develop on these programs Own housing constructions, A.N.L. will refund, by protocol, the respective lands to the administrative-territorial units involved. The execution projects carried out with financing from budgetary sources on the respective lands shall be transmitted, free of charge, to the property of the administrative-territorial units and shall be handed over to them by the A.N.L., through the protocol by which they land, with a view to the development of own housing construction programmes. This measure is also applicable if, according to the Governance and Analysis Program carried out together with the Ministry of Regional Development and Public Administration, it is no longer appropriate to continue the housing construction programs by the A.N.L. ... ---------- Lit. c) a par. ((13) of art. 2 2 has been amended by art. III of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 of 28 July 2015, by replacing a phrase. + Article 3 (1) Land for the construction of housing through A.N.L. may be public or private property of the state or administrative-territorial units, as well as private property of natural or legal persons. The public or private land of the state or administrative-territorial units shall be taken over by the A.N.L. into free use, under the law, during the realization of investments, and the land for the construction of housing with rent by attracting private capital shall be taken over by the A.N.L. into free use for the duration of the construction. ... ---------- Alin. ((1) of art. 3 3 has been amended by section 5 5 of art. IV of EMERGENCY ORDINANCE no. 121 121 of 22 December 2011 published in MONITORUL OFFICIAL no. 931 931 of 29 December 2011. (2) If the land referred to in par. (1) are in public or private property of the state, they shall be transmitted without payment in public property or, as the case may be, in the private property of the administrative-territorial units in which they are located and in the administration of of the communes, cities, municipalities, respectively of the sectors of Bucharest and the General Council of Bucharest, or, as the case may be, in the administration of the county councils, in accordance with the legislation in force. A.N.L. keeps its free use of land during the realization of investments. ... (3) On land owned by public or private property of the state, administrative-territorial units, utilities and technical-publishing facilities up to the outer limit of the perimeter for constructions shall be achieved by objectives of investments promoted by the local councils of communes, cities, municipalities, respectively of the sectors of Bucharest, by the General Council of Bucharest Municipality or by private investors, as the case may be, according to the law, to the A.N.L. of the procedure for promoting investments in the construction of housing, and inside the perimeter for housing is carried out correlated with the deadlines for reception and commissioning of homes. ... ---------- Alin. ((3) of art. 3 3 has been modified by the subsection. 8 8 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (3 ^ 1) By exception to the provisions of par. (3), A.N.L. may provide funding from the funds provided in art. 2 2 para. (2) and the realization of utilities and technical-publishing facilities, according to the provisions of art. 2 2 para. (8 ^ 2) and (8 ^ 3), in correlation with the government program on the construction of service housing. ---------- Alin. (3 ^ 1) of art. 3 3 was introduced by the subsection. 9 9 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (4) Land in public or private property of the State and in the administration of institutions of the national defence sector, public order, national security, judicial authority and national administration of prisons may be transfer, under the law, the property of local public administration authorities and the administration of local councils of communes, cities, municipalities, sectors of Bucharest, or, as the case may be, of county councils or The General Council of Bucharest in order to build housing. ... (4 ^ 1) By exception to the provisions of par. (2), land in public property of the state and in the administration of public institutions, intended exclusively for the realization of service housing, shall keep its legal regime and shall be transmitted in free use of A.N.L. for the period making investments. ---------- Alin. (4 ^ 1) of art. 3 3 was introduced by the subsection. 10 10 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (5) In order to ensure the correlation of investment programs in the viability of land within the perimeter for housing, with investment programs in housing construction, A.N.L. concludes contracts with public administration authorities local budget to which the public investment program for the realization of utilities and technical-publishing facilities is approved, under the conditions of art. 2 2 para. ((10) and (11). ... ---------- Alin. ((5) of art. 3 3 has been modified by the subsection. 11 11 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (6) For the privately owned land of the administrative-territorial units, intended for housing through mortgage loans, the method of awarding them to the holders of the right of ownership of the homes, as well as the amount of the royalty or tax established according to the The concession or, as the case may be, the land use shall be made for the duration of the construction. ... (7) The establishment and/or clarification of the legal regime of the land shall be carried out on the basis of urban plans and approved pre-feasibility studies, with the promotion of housing development programs through the programs provided in art. 2 2 para. ((1) lit. c) and e). ... + Article 4 (1) The A.N.L. will determine the necessary measures for taking into account and analyzing the requests for construction of personal property by mortgage loan. For this purpose it will establish and publish the place of receipt of the necessary requests and supporting documents. ... (2) A.N.L. may advance from the resources provided in art. 6 6 para. ((1) lit. b) and d)-f), and its partners may advance from their own sources the amounts necessary for the design, authorization, contracting and execution of construction works of housing by mortgage loan, as the case may be, to be reconstituted from the sources Housing beneficiaries. ... (2 ^ 1) The beneficiary who contracted a mortgage loan through a financial institution authorized according to the law can ensure the financing of the completion of the contracted home and by submitting from its own sources, in an A.N.L. account, the amounts necessary, with the prior written consent of the A.N.L. ---------- Alin. (2 ^ 1) of art. 4 4 was introduced by the subsection. 12 12 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (3) If, within the construction of personal property dwellings built by mortgage loan provided in par. (1), dwellings that are not contracted on the date of completion of the works are built, they can be capitalized as follows: ... a) by the transmission of housing by A.N.L., with the approval of the board of directors, to the local public administration authorities of the administrative-territorial units, of the sectors of Bucharest, in which they are located, by protocol of surrender-receipt, in order to rent; ... b) by the sale of housing, by A.N.L., to applicants who can provide the value of the home only from their own resources. ... ---------- Alin. ((3) of art. 4 4 has been modified by the subsection. 13 13 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (4) Housing provided in par. ((3) lit. a) belong to the private domain of the state and are managed by the local public administration authorities of the administrative-territorial units, of the sectors of Bucharest, in which they are located. ... ---------- Alin. ((4) of art. 4 4 has been modified by the subsection. 13 13 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (5) Housing provided in par. ((3) lit. a) is distributed by the local public administration authorities of the administrative-territorial units, of the sectors of Bucharest, education specialists, health, as well as specialists from the national defense sector, public order, national security, the judicial authority and the national prison administration. The specialist means the employees of the units in the respective fields within the administrative-territorial unit, who do not own a dwelling in the property within the respective administrative-territorial unit. ... ---------- Alin. ((5) of art. 4 4 has been modified by the subsection. 13 13 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (6) The local public administration authorities of the administrative-territorial units, of the sectors of Bucharest, in which the dwellings provided in par. ((3) lit. a) establish, according to the existing needs locally, the persons to whom these dwellings will be assigned. ... ---------- Alin. ((6) of art. 4 4 has been modified by the subsection. 13 13 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (7) The rental contracts for the dwellings provided in par. ((3) lit. a) ends for one year from the date of distribution of the dwelling. The lease can be extended, for periods of one year, under the law. ... ---------- Alin. ((7) of art. 4 4 has been modified by the subsection. 13 13 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. ((7 ^ 1) Chiria, in the case of dwellings provided in par. ((3) lit. a), shall be established by the local public administration authorities and the local public administration authorities of the sectors of Bucharest, by the decision of the deliberative authorities, and shall cover at least the administration maintenance and repair, recovery of the investment, depending on the normal duration established according to the legal provisions, as well as a maximum of 1%. On the basis of these indicators, the method of calculation of the rent is established by the methodological norms for the implementation of the provisions of this law. ---------- Alin. (7 ^ 1) of art. 4 4 was introduced by the subsection. 14 14 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. ((7 ^ 2) The amount representing the recovery of the investment, calculated according to the normal operating time of the building, of the total amount of the rent established according to par. (7 ^ 1), shall be transferred by the local public administration authorities and local public administration authorities of the sectors of Bucharest, to A.N.L., within a maximum of 30 days from its collection, any delay attracting payment of penalties, and is used only to finance the construction of housing. ---------- Alin. (7 ^ 2) of art. 4 4 was introduced by the subsection. 14 14 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (7 ^ 3) The penalties of delay provided in par. (7 ^ 2), due to A.N.L. for non-fulfillment of payment obligations at maturity, represents 0, 1%/day of the amount due, but not more than the amount of the amount on which they are calculated. ---------- Alin. (7 ^ 3) of art. 4 4 was introduced by the subsection. 14 14 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. ((7 ^ 4) The 1% share provided in par. (7 ^ 1) is constituted as income of local public authorities and is used for the development of the local housing fund. ---------- Alin. ((7 ^ 4) of art. 4 4 was introduced by the subsection. 14 14 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (8) Housing provided in par. ((3) lit. a) may be sold, at the request of the tenant and before the expiry of the first year of rental, or at the request of any persons, after the expiry of the first year of the rental, provided that the right of pre-emption in favour of the tenant the local public administration authorities of the administrative-territorial units and the sectors of Bucharest, in which they are located. If there are several requests to purchase for the same home, prioritization is made in ascending order of the date of registration of home purchase requests. The sale value is given by the inventory value of the dwelling, updated according to the legal provisions in force, less the value of the amounts resulting from the amount of the rent representing the recovery of the investment, calculated according to the duration the normal functioning of the building, retained by the local public administration authorities and transferred to A.N.L. according to the provisions of par. ((7 ^ 2). ... ---------- Alin. ((8) of art. 4 4 has been modified by the subsection. 15 15 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (9) The amounts obtained shall be transferred by the local public administration authorities, by their own budget, to the A.N.L. Amounts obtained from the sale of houses provided in par. (3) shall be used only to finance the construction of housing. ... + Article 5 A.N.L. is authorized to carry out all the real estate operations necessary for the construction, completion and handover to beneficiaries of homes built through their own programs. + Article 6 ((1) The resources of the A.N.L. shall be kept in the accounts on behalf of the agency, at agreed banking institutions, and may be constituted of: ... a) allowances from the state budget and/or local budgets; ... b) amounts collected from installments and interest on loans granted from the agency's resources; ... c) amounts collected from the sale of housing for young people, built through the programs provided in art. 2 2 para. ((1) lit. c), which shall be transferred to the A.N.L. account opened with the State Treasury, according to the structure set out in Annex no. 10 10 "Classification of indicators on the budget of public institutions and activities fully or partially financed by own income" Order of the Minister of Public Finance 1.954/2005 ... for the approval of the Classification of Public Finance Indicators and shall be used for the development of the youth housing fund for rent under these programmes. These amounts represent public funds and are administered according to public finance legislation. ---------- Lit. c) a par. ((1) of art. 6 6 has been modified by the subsection. 16 16 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. c ^ 1) amounts resulting from the amount of the rent representing the recovery of the investment, calculated according to the normal duration of operation of the building, provided in art. 4 4 para. ((7 ^ 2) and art. 8 8 para. (13), which shall be transferred monthly by the local public authorities and the sectors of Bucharest, as well as by the central public administration authorities in the field of education, respectively in the field of health, in the account of A.N.L. open to the State Treasury, within a maximum of 30 days from the collection of the rent. Any delay attracts the payment of penalties according to art. 4 4 para. ((7 ^ 3) and art. 8 8 para. ((14). The amounts collected, representing the recovery of the investment, constitute sources of financing for the construction of housing through A.N.L. programs ---------- Lit. c ^ 1) a par. ((1) of art. 6 was introduced by the subsection. 17 17 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. d) incomes resulting from activities and services provided for the promotion and development at sectoral and national level of public investment programs in the construction of housing, as well as income resulting from activities and services provided for the promotion and development of private programs in the construction of housing; ... e) income from the placement of own resources and other resources attracted in government securities and bank deposits; ... ---------- Lit. e) a par. ((1) of art. 6 6 has been modified by the subsection. 18 18 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. f) donations of natural and legal persons, Romanian or foreign; ... g) accumulated amounts representing a guarantee of good execution in the settlement of all contracts concluded by A.N.L.; ... ---------- Lit. g) a par. ((1) of art. 6 6 has been modified by the subsection. 18 18 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. g ^ 1) amounts from the collection of penalties or late increases provided for in art. 4 4 para. ((7 ^ 3), art. 8 8 para. ((14) and art. 10 10 para. ((1 ^ 1); ---------- Lit. g ^ 1) a par. ((1) of art. 6 was introduced by the subsection. 19 19 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. h) other legally constituted resources. ... ((1 ^ 1) The remaining amounts not used in the resources referred to in paragraph 1 (1). c), c ^ 1) and g ^ 1), at the end of each year, by exception to the provisions Law no. 500/2002 on public finances, with subsequent amendments and completions, shall be carried over to the revenue and expenditure budget of the A.N.L. in the following year, in terms of revenue, and constitute the source of financing for the construction of housing through the programs A.N.L. ---------- Alin. ((1 ^ 1) of art. 6 6 was introduced by the subsection. 20 20 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (2) The A.N.L. resources provided in par. ((1) lit. d)-f) and g ^ 1) may be advanced, under the conditions provided in art. 15 lit. b), and for the financing of public or private property dwellings of the state or administrative-territorial units, and they will be reconstituted, with priority in the current year or, in exceptional situations, in the years Following, from the sources established according to 2 2 para. (2) and provided with this destination in the budget of the Ministry of Regional Development and Public Administration. ... ---------- Alin. ((2) of art. 6 6 has been modified by the subsection. 21 21 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (3) The A.N.L. resources provided in par. ((1) lit. g ^ 1) can also be advanced to ensure the security and preservation of the works carried out within the programs provided in art. 2 2 para. ((1) lit. c) and e) and for which there are no longer contractual relations of execution. ... ---------- Alin. ((3) of art. 6 6 was introduced by the subsection. 22 22 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. + Article 7 (1) The foundation of the budgetary allocations required annually shall be carried out by the A.N.L., through the Ministry of Regional Development and Public Administration, which is the principal authorising officer. ... ---------- Alin. ((1) of art. 7 7 has been amended by art. III of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 of 28 July 2015, by replacing a phrase. (2) The use of the available resources referred to in art. 6 6 para. ((1) lit. b), c), c ^ 1) and h). ... ---------- Alin. ((2) of art. 7 7 has been modified by the subsection. 23 23 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (3) The resources provided in art. 6 6 para. ((1) lit. b) and h) are available in so far as they are found as surplus of the own budget of the A.N.L., according to the provisions of art. 17 17 para. ((2). ... (4) The granting of budgetary allocations will be made within the limits of the annual budgetary provisions, approved with this destination. ... (5) The allowances from the state budget for the establishment of A.N.L. resources, established under the law, shall be included in the budget of the Ministry of Regional Development and Public Administration. ... ---------- Alin. ((5) of art. 7 7 has been amended by art. III of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 of 28 July 2015, by replacing a phrase. (6) A.N.L. will annually establish public investment programs in the construction of youth housing, intended for rent, construction of social housing and necessity, construction of service housing, construction and/or rehabilitation of housing. destroyed or severely damaged, located in the areas affected by natural calamities, the construction of rent dwellings by attracting private capital, construction of other public housing of the state or administrative-territorial units, as well as existing building interventions, based on investment projects approved in the budget of the Ministry of Regional Development and Public Administration, in collaboration with local and central public administration bodies, on land for the location of these dwellings according to the law. ... ---------- Alin. ((6) of art. 7 7 has been modified by the subsection. 24 24 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. ((7) Amounts collected from rents according to the provisions art. 16 16 of Law no. 213/1998 ... on public property, with subsequent amendments and completions, will be distributed as follows: 50% of the amount is constituted income to the state budget, 30% of the amount returns to the private investor and 20% of the amount returns A.N.L. ----------- Alin. ((7) of art. 7 7 has been introduced by section 7 7 of art. IV of EMERGENCY ORDINANCE no. 121 121 of 22 December 2011 published in MONITORUL OFFICIAL no. 931 931 of 29 December 2011. + Article 7 ^ 1 ((1) The dwellings made by the government program on the construction of service housing are intended for civil servants, as well as employees from central and local public institutions. ... (2) Housing provided in par. (1) is carried out in compliance with art. 52 lit. a), art. 53 53 para. 2 lit. a) of Law no. 114/1996 ... , republished, with subsequent amendments and completions, and art. 2 2 para. ((8 ^ 2). (3) The service dwellings, together with the related land, carried out under the conditions of this law and intended for civil servants, as well as employees of central public institutions shall be the subject of public property of the State and shall central public institutions that have requested their implementation, under the law. ... (4) The service dwellings, together with the related land, carried out under the conditions of this law and intended for civil servants, as well as employees from local public institutions shall be the subject of public property administrative-territorial in which they are located and are managed by the local public institutions that have requested their realization, under the law. ... (5) By exception to the provisions art. 53 53 para. 4 4 of Law no. 114/1996 ... , republished, with subsequent amendments and completions, the dwellings provided in par. ((1) may not be sold. (6) The distribution of the service dwellings, the amount of the rent, as well as the duration of the lease contract are established by administrative acts issued by the central/local public institutions, under the law. ... (7) The necessity and appropriateness of the construction of service dwellings, on the land provided by the central/local public authorities, shall be established by the central/local public institutions, which shall submit to the Ministry Regional Development and Public Administration and A.N.L. a justifying note for substantiating the realization of investments. ... ---------- Article 7 ^ 1 was introduced by the sub-item. 25 25 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. + Article 8 (1) Young persons, within the meaning of the provisions of this law, are major persons aged up to 35 years at the time of application for the distribution of a dwelling built by A.N.L. programs, intended for rent, and which may receive distribution in not more than 36 months after the end of this age. ... ---------- Alin. ((1) of art. 8 8 has been modified by the subsection. 26 26 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. ((1 ^ 1) Young specialists in education and health, within the meaning of the provisions of this law, are major persons aged up to 35 years at the time of submission of the application for the distribution of a dwelling built by A.N.L. programs, intended rental, and who can receive the distribution within 36 months from the end of this age, employees of the units in the respective fields within the administrative-territorial unit in which the dwellings are located, including the doctors residents, and who do not own a home in the property within the unit the respective administrative-territorial. ---------- Alin. ((1) of art. 8 8 has been amended by section 1 1 of art. II of EMERGENCY ORDINANCE no. 35 35 of 2 September 2015 , published in MONITORUL OFFICIAL no. 669 669 of 2 September 2015. ((2) Housing for young people for rent, including those built and intended exclusively for the rental of young specialists in education or health, carried out under the conditions of this law, are subject to the private property of the state. The homes for young people for rent are managed, in accordance with the legal provisions in force, by the local public administration authorities of the administrative-territorial units and the sectors of the municipality Bucharest in which they are located. Dwellings exclusively for rent by young specialists from education or health are managed by the local public administration authorities and the sectors of Bucharest or by the authorities the central public administration in the field of education, respectively in the field of health or are in the administration of units subordinated to or under the coordination of these authorities, according to the law, and who have requested their The homes made under the program on the construction of rent housing by attracting private capital are the subject of public property of the state. For the other dwellings that are carried out through the investment programs provided in art. 7 7 para. (6), the legal regime and the way of distribution are provided by Law no. 114/1996 ... , republished, with subsequent amendments and completions. ---------- Alin. ((2) of art. 8 8 has been modified by the subsection. 26 26 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (2 ^ 1) The manager of the housing provided in par. (2) exercise specific operations of an owner on behalf of the State, in the sense that it gives its consent to a) connection/debranching of housing to/from utility networks; ... b) improvements that are made to housing at the request of the tenant; ... c) exits from indivision, cleavages, detachment that do not affect the public/private property of the state; ... d) registration of entries in the land book extract. ... ---------- Alin. (2 ^ 1) of art. 8 8 was introduced by the subsection. 27 27 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (3) The distribution of housing for young people for rent, built and put into operation through the programs carried out by A.N.L. according to the provisions of art. 7 7 para. (6), shall be made according to criteria established and adopted by the local public administration authorities, local public administration authorities of the sectors of Bucharest and/or central public administration authorities that take over administration of these dwellings, with the opinion of the Ministry of Regional Development and Public Administration, on the basis of framework criteria for access to housing and priority in housing distribution, approved by Government decision. On the basis of duly justified proposals, only the framework criteria for access to housing and only from the point of view of territorial coverage can be adapted to existing concrete situations. ... ---------- Alin. ((3) of art. 8 8 has been modified by the subsection. 28 28 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (4) The rental contracts shall be concluded for a period of 5 years from the date of distribution of the dwelling and shall include clauses relating to the recalculation of the rent for the contract holders who have reached the age of 35, as well as the annual update of the Rent amount. ... ---------- Alin. ((4) of art. 8 8 has been modified by the subsection. 28 28 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (5) After the expiry of the initial contractual period, the extension of the lease shall be made, successively, for periods of one year. ... ---------- Alin. ((5) of art. 8 8 has been modified by the subsection. 28 28 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. ((6) When extending the tenancy contracts, the local public administration authorities of the administrative-territorial units and the sectors of the city of Bucharest, as well as the central public administration authorities education, respectively in the field of health, reassesses the civil status of tenants and the number of persons in their maintenance and, at their request, can achieve a housing exchange with the provision of minimum requirements provided for in Annex No 1 1 to Law no. 114/1996 ... , republished, with subsequent amendments and completions. The housing exchange is carried out only in the case of buildings in operation, and new homes are exempted. The housing units subject to exchange must be part of the same housing category built by the A.N.L., and the exchange represents a convention/agreement between two tenants. Local public administration authorities/Bucharest and/or central sectors may order, in compliance with the provisions of Law no. 114/1996 , republished, with subsequent amendments and completions, the change of home assigned to a tenant with another holiday home of the same category. ---------- Alin. ((6) of art. 8 8 was introduced by the subsection. 29 29 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. ((7) Chiria shall be established annually by local public administration authorities, local public administration authorities of the sectors of Bucharest and/or central public administration authorities and shall cover the expenses of administration, maintenance and repair, recovery of the investment, depending on the normal duration established according to the legal provisions, as well as a maximum of 1%. The maximum 1% rate applies to the replacement value of the dwelling, established according to the methodological norms for the implementation of the provisions of this law. ... ---------- Alin. ((7) of art. 8 8 has been amended by section 1 1 of art. unique from LAW no. 65 65 of 12 April 2016 published in MONITORUL OFFICIAL no. 286 286 of 15 April 2016. (8) Depending on the ranking of localities on ranks, established according to Law no. 351/2001 ... on the approval of the National Territory Planning Plan-Section IV-Network of localities, with subsequent amendments and completions, the value of the monthly rent is weighted by a coefficient, as follows: ┌ ------------------ --------------- | Rank of locality | Coefficient | ├ ------------------ ------- | | 0 | 1 | ├ ------------------ ------- | | I | 0.95 | ├ ------------------ ------- | | II | 0.9 | ├ ------------------ ------- | | III | 0.85 | ├ ------------------ ------- | | IV | 0.8 | ├ ------------------ ------- | | V | 0.8 | └ ------------------ --------------- where: a) rank 0-Capital of Romania, municipality of national importance; ... b) Tier I-municipalities of national importance, with potential influence at European level; ... c) Tier II-municipalities of intercounty, county or equilibrium importance in the network of localities; ... d) Tier III-cities; ... e) Tier IV-common; ... f) rank V-villages components of communes and villages belonging to municipalities and towns. ... ---------- Alin. ((8) of art. 8 8 was introduced by the subsection. 29 29 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (9) Depending on the income per family member of the tenancy holder, the monthly rent amount resulting from the application of the ranking coefficients of the localities shall be weighted as follows: ... ┌ ---------------------------------------------) | Income | Coefficient | ├ --------------------------------------------- | | | | Income per family member smaller or equal | 0,90 | with gross minimum wage on economy | | | ├ --------------------------------------------- | | | | Income per family member higher than | 0,95 | | gross minimum wage on economy and that does | | | | exceeds by 100% gross minimum wage on | | | | economy | | ├ --------------------------------------------- | | | | Income per family member higher than | 1,00 | | 100% gross minimum wage on economy | | | └ ---------------------------------------------) ---------- Alin. ((9) of art. 8 8 was introduced by the subsection. 29 29 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (10) Based on the indicators provided in par. (7)-(9), the method of calculation of the rent is established in the methodological norms for the implementation of the provisions of this law. ... ---------- Alin. ((10) of art. 8 8 was introduced by the subsection. 29 29 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (11) The amount of rents calculated according to par. (7) shall be established, for the following year, on the first working day of October on the basis of the exchange rate communicated by the National Bank of Romania on September 30 of the current year. Local public administration authorities, local public administration authorities of the sectors of Bucharest and/or central public administration authorities have the obligation to communicate to the A.N.L., within 10 days, a situation detailed on the amount of rents broken down by types of apartments and the age of tenants. ... ---------- Alin. (11) of art. 8 8 was introduced by the subsection. 29 29 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (12) Cedation of the right to use the home, distributed under the conditions of par. (3), by the holder of the lease is prohibited, under penalty of termination of the contract. ... ---------- Alin. ((12) of art. 8 8 was introduced by the subsection. 29 29 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (13) In the case of housing for young people, intended for rent, provided in par. (2), the amount representing the recovery of the investment from the amount of the rent, calculated according to the normal operating time of the building, shall be transferred, within a maximum of 30 days from its collection, by the local public authorities, the local public administration authorities of the sectors of Bucharest or, as the case may be, the central public authorities, in the A.N.L. account opened with the State Treasury and shall be used for the development of the housing fund through the A.N.L. delay attracts payment of penalties, according to the legal provisions in force. ... ---------- Alin. ((13) of art. 8 8 was introduced by the subsection. 29 29 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (14) The penalties of delay provided in par. ((13), due to A.N.L. for failure to meet the payment obligations at maturity, represents 0, 1%/day of the amount due, but not more than the amount of the amount on which they are calculated. ... ---------- Alin. ((14) of art. 8 8 was introduced by the subsection. 29 29 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (15) Housing provided in par. (2) is registered in the accounts of local public authorities, local public administration authorities of the sectors of Bucharest and/or central public administration authorities, who have them in administration, in compliance with legal provisions in the matter, and subject to revaluation and amortisation procedures. ... ---------- Alin. ((15) of art. 8 8 was introduced by the subsection. 29 29 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. + Article 9 (1) By exception to the provisions of art. 8, a percentage of the number of homes for young people, established by Government decision, for rent, together with the related land, built on the land provided in art. 3 3 para. ((4), shall be the subject of public property of the State, shall be administered by the institutions of the national defence sector, public order, national security, judicial authority and national administration of prisons and shall be assigned staff in those areas. ... (2) Housing provided in par. ((1) may not be sold. ... (3) By exception to the provisions of art. 8, by order of the head of the public institution who took over the dwellings provided in par (1) the allocation criteria for own staff and the duration of the lease shall be established. ... + Article 10 (1) Housing for young people for rent, including those built and intended exclusively for the rental of young specialists in education or health, distributed under the conditions of art. 8 8 para. ((3) or of art. 23, as the case may be, may be sold to holders of tenancy contracts, only at their request, after the expiry of a minimum of one year of uninterrupted rental to the same holder and/or to the person for whom the rental was continued in the terms of the law, without the sale being subject to the age of ... (1 ^ 1) The authorities of the local public administration, of the sectors of Bucharest or central, as the case may be, have the obligation to solve the requests provided in ((1) within a maximum of 90 days from the date on which the dwellings meet the conditions provided by law in order to be sold. Otherwise, it owes A.N.L. late penalties, calculated for each month, in the amount of 0.01% /month, and which applies to the investment value of the home, recorded in the accounting of the local public authorities, of the sectors the city of Bucharest and/or plants, as the case may be, and for which the request for purchase was submitted, but not more than the amount on which they are calculated. ---------- Alin. ((1 ^ 1) of art. 10 10 was introduced by the subsection. 30 30 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (2) The sale of housing provided in par. ((1) shall be subject to the following mandatory conditions: ... ---------- Part introd. a para. ((2) of art. 10 10 has been modified by the subsection. 31 31 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. a) the price of the home can be paid in full, at the date of conclusion of the sales contract, from own sources of the beneficiary and/or from loans contracted by the beneficiary from authorized financial institutions, including with the guarantee of the state, within maximum 5 working days from the date of registration of the property right in the land register, or in equal monthly installments, including the related interest, with an advance of at least 15% of the sales value; ... ---------- Lit. a) a par. ((2) of art. 10 10 has been modified by the subsection. 31 31 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. b) the holder of the rental contract, as well as his/her spouse may benefit only once from the purchase of a dwelling for young people for rent; ... ---------- Lit. b) a par. ((2) of art. 10 10 has been modified by the subsection. 31 31 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. c) the holder of the rental contract and the members of his/her family-spouse, children and/or other persons in its maintenance-not to own another dwelling in the property, including the holiday home, except for the part-parts of a dwelling, acquired under the law, if they do not exceed the useful surface of 37 sqm, the minimum useful surface/person, provided by Law no. 114/1996 ... , republished, with subsequent amendments and completions; ---------- Lit. c) a par. ((2) of art. 10 10 has been modified by the subsection. 31 31 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. c ^ 1) the holder of the rental contract and the members of his/her family-spouse, children and/or other persons in its maintenance-not to hold on the date of conclusion of the contract of sale-purchase a land awarded according to the provisions Law no. 15/2003 on support to young people for the construction of a personal property, republished. On the date of conclusion of the sales contract, any prior procedure for obtaining a land under the conditions provided by Law no. 15/2003 , republished. ---------- Lit. c ^ 1) a par. ((2) of art. 10 was introduced by the subsection. 32 32 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. d) the sale value of the dwelling is calculated by the local public administration authorities and the sectors of the city of Bucharest or by the economic operators in whose administration the respective buildings are located, as well as by the central public administration authorities in the field of education, respectively in the field of health or by some units under the coordination of these authorities, according to the law, and represent the replacement value per meter square, multiplied by the area actually built, including the individual quotas, reduced by depreciation calculated from the date of commissioning of the home until the date of its sale. The replacement value is the weighted average value per square meter, calculated on the basis of the value of the contract contracts concluded, under the law, during the previous year by the A.N.L. with the entrepreneurs, who increase with a coefficient result from the ratio between the weighted average value per square meter of the dwellings put into operation in the previous year and the weighted average value per square meter contracted at the time of the start of the works of these If, during the prior year, the A.N.L. did not conclude at least two antinning contracts with entrepreneurs, for the establishment of replacement value it is used as a year of calculation the last year in which at least two contracts of Half. The replacement value per square meter thus calculated is established annually by order of the Minister of Regional Development and Public Administration, to be published in the Official Gazette of Romania, Part I. of promotion, real estate advertising, record and sale, the units through which the sale is made, according to the law, benefit from a commission of up to 1% of the calculated sale value of the home, commission that includes, together with the value for sale of the dwelling, in the final sale price of the dwelling; ... ---------- Lit. d) a par. ((2) of art. 10 10 has been modified by the subsection. 33 33 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. d ^ 1) the sales value established, according to the provisions d), is weighted by a coefficient determined according to the ranking of the localities by ranks, established by Law no. 351/2001 , with subsequent amendments and completions, as follows: ┌ -------------------------------------------- [...] | Rank of locality | Coefficient | | | | weighting | ├ -------------------------------------------- [...] | 0-Bucharest | 1,00 | ├ -------------------------------------------- [...] | I-municipalities of national importance | 1,00 | ├ -------------------------------------------- [...] | I. 1-with over 400,000 inhabitants | 0,99 | ├ -------------------------------------------- [...] | I. 2-between 300.001 and 400,000 inhabitants | 0,98 | ├ -------------------------------------------- [...] | I. 3-between 200,000 and 300,000 inhabitants | 0,97 | ├ -------------------------------------------- [...] | II-municipalities of intercounty importance | | | ├ -------------------------------------------- [...] | II.1-between 150.001 and 200,000 inhabitants | 0,96 | ├ -------------------------------------------- [...] | II.2-between 100.001 and 150,000 inhabitants | 0,95 | ├ -------------------------------------------- [...] | II.3-between 50.001 and 100,000 inhabitants | 0,94 | ├ -------------------------------------------- [...] | II.4-up to 50,000 inhabitants | 0,93 | ├ -------------------------------------------- [...] | III-cities | | ├ -------------------------------------------- [...] | III.1-with over 30,000 inhabitants | 0,92 | ├ -------------------------------------------- [...] | III.2-between 10,001 and 30,000 inhabitants | 0,91 | ├ -------------------------------------------- [...] | III.3-up to 10,000 inhabitants | 0,90 | ├ -------------------------------------------- [...] | IV-villages of the commune | 0,85 | ├ -------------------------------------------- [...] | V-villages components of the communes and villages | | | | belonging to municipalities and cities | 0,80 | └ -------------------------------------------- [...] where: a) rank 0-capital of Romania, municipality of European importance; ... b) Tier I-municipalities of national importance, with potential influence at European level; ... c) Tier II-municipalities of intercounty, county or equilibrium importance in the network of localities; ... d) Tier III-cities; ... e) rank IV-villages of the commune; ... f) rank V-villages components of communes and villages belonging to municipalities and towns; ... ---------- Lit. d ^ 1) a par. ((2) of art. 10 10 has been amended by section 4.2 2 2 of art. unique from LAW no. 65 65 of 12 April 2016 published in MONITORUL OFFICIAL no. 286 286 of 15 April 2016. d ^ 2) if the value established, according to the provisions of lett. d ^ 1), is less than the inventory value, then the sale value of the dwellings is equal to their inventory value, updated according to the legal provisions in force, less the value of the amounts resulting from the amount of the rent representing the recovery of the investment, calculated according to the normal operating time of the building, retained by the local public administration authorities, of the sectors of Bucharest and/or plants, and transferred to A.N.L. according to Art. 8 8 para. ((13). ---------- Lit. d ^ 2) a par. ((2) of art. 10 was introduced by the subsection. 34 34 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. e) in the case of buildings equipped with their own thermal plants, their value is included in the price of The thermal power plants remain in the administration of local councils or central public administration authorities in the field of education, respectively in the field of health, or of units subordinated or under the coordination of these authorities up to the sale of half plus one of the number of homes they serve; ... f) dwellings may not be the subject of acts of provision between vineyards for a period of 5 years from the date of their acquisition. This prohibition will be recorded in the registration of the property right in the land register under the law. By way of exception, housing may be subject to real estate guarantees, which are in favour of credit institutions defined in accordance with Government Emergency Ordinance no. 99/2006 ... on credit institutions and capital adequacy, approved with amendments and additions by Law no. 227/2007 , with subsequent amendments and completions, which finance the purchase of these homes, and/or in favour of the Romanian state, in the case of loans granted by credit institutions, with the guarantee of the state, according to the Credit institutions or, as the case may be, the Romanian state, through the competent bodies, will be able to capitalize on the homes and before the expiry of the 5-year term, on the path of forced execution, under the law, in case of credit by the owners of the houses; ---------- Lit. f) a par. ((2) of art. 10 10 has been modified by the subsection. 35 35 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. g) the average income per family member at the date of sale, of the holder of the rental contract of the home, not to exceed by 100% the average gross salary on the economy. ... (2 ^ 1) For the purchase of housing with payment in equal monthly installments, provided in par. ((2) lit. a), the monthly rates include an annual interest rate that covers the reference interest rate of the National Bank of Romania to which two percentage points are added, this interest being applicable to the remaining value to be paid. ---------- Alin. (2 ^ 1) of art. 10 10 has been reintroduced by the subsection. 36 36 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (2 ^ 2) The contract of sale with payment in equal monthly installments, including the related interest, provided in par. ((2) lit. a), provides the following: a) the transfer of ownership of the home is produced after the full payment of the sale value, with the fulfilment of the advertising formalities required by law; ... b) until the sale of the sale value, the dwellings remain in the administration of the local public administration authorities of the administrative-territorial units in which they are located, and those intended exclusively for the rental by young people educational or health specialists in the administration of central public administration authorities in the field of education, respectively in the field of health or in the administration of units subordinated to or under the coordination of these authorities, until the date of transfer of ownership and change of role tax on their behalf; ... c) the buyer undertakes to pay the monthly instalments at maturity. For failure to pay the due date of payment obligations, it owes late increases; ... d) the execution of the obligation to pay the instalments may be suspended for a maximum period of 3 months The suspension is ordered by the local public administration authorities in which the dwellings are located, given that the holder of the contract for sale with payment in monthly installments submits a reasoned request 15 days before the set date for payment of the current rate, accompanied by supporting documents on the reduction of income The duration of the contract shall not be extended by the period for which the suspension has occurred, the amount of the monthly instalments ... e) the suspension of the execution of the obligation to pay the monthly instalments can be requested only after a minimum of 36 months from the expiry of another suspension period and a maximum of 3 times until the full payment of the sale value; ... f) after the expiry of the period of suspension of the execution of the obligation to pay the monthly instalments, in case of non-payment of the first installment, the sales contract shall be considered terminated by law, without any other formality, the holder of considered by the right to be late and having the obligation to hand over the dwelling on the notified ... g) the possibility of paying in whole or in part, the remaining rates, including interest, until the date of full payment; ... h) in case of termination of the contract under lit. f), the holder of the contract is deprived of the right to request the refund of the amounts paid, which are in income to A.N.L. and following the regime provided in par. ((3). ... ---------- Alin. (2 ^ 2) of art. 10 10 has been reintroduced by the subsection. 36 36 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (2 ^ 3) The way of formation and payment of the advance, of equal monthly instalments, including the related interest, and of late increases shall be determined in the methodological norms for the implementation of the provisions of this Law. ---------- Alin. ((2 ^ 3) of art. 10 10 has been reintroduced by the subsection. 36 36 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (2 ^ 4) With the ownership of the home is acquired and the ownership of the construction and installation parts, as well as the facilities that, by their nature, can only be used jointly, according to the provisions of legal in force. ---------- Alin. ((2 ^ 4) of art. 10 10 has been reintroduced by the subsection. 36 36 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (2 ^ 5) With the acquisition of the ownership of the dwelling, the holder of the contract also acquires the right of use on the part-parts of land related to it, during the existence of the building, in accordance with the legal provisions in force. ---------- Alin. ((2 ^ 5) of art. 10 10 has been reintroduced by the subsection. 36 36 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. ((3) The amounts obtained from the sale of the dwellings provided in ((1) shall be used only to finance the construction of housing. After retaining the commission provided in par. ((2) lit. d) and, as the case may be, the sale value of the constructions provided in art. 2 2 para. (7), the amounts obtained shall be transferred by the local public administration authorities, the sectors of Bucharest and the economic operators in whose administration the respective buildings are located, as well as by the authorities central public administration in the field of education, or in the field of health or by units subordinated or under the coordination of those authorities in whose administration those buildings are located, by their own budget, to the A.N.L., to fund the youth housing program. In collaboration with the local public administration authorities, the sectors of Bucharest and the central public administration authorities in the field of education and health, A.N.L. keeps track of the amounts resulting from the sale and cashed. ... ---------- Alin. ((3) of art. 10 10 has been modified by the subsection. 37 37 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (4) The sales value of the constructions provided in art. 2 2 para. (7) is set percentage of the sale value of the dwelling, determined according to the provisions of par. (2), after deducting from this the value of the commission and, as the case may be, of the thermal power plant. The percentage is given by the ratio between the value of the constructions provided 2 2 para. ((7) and the total amount of the investment objective to which they belong, established by the general estimate thereof. Amounts corresponding to this value, obtained from the sale of dwellings provided in (1), income is made to the local budget, intended for the construction of housing. ... (5) The authorities of the local public administration and the sectors of the city of Bucharest and the central public authorities have the obligation to initiate the legal procedures for the establishment of owners ' associations in the residential buildings manages and in which are located housing for young people for rent, after the sale to tenants of 3 housing units in the building. ... ---------- Alin. ((5) of art. 10 10 has been modified by the subsection. 38 38 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (6) A.N.L. ensures the monitoring and keeping records of land and dwellings built on them and transmitted in the administration of local public administration authorities, in accordance with the provisions of this law. ... (7) Failure to comply with the provisions of this Article by the local public administration authorities, the sectors of the city of Bucharest or by the economic operators in whose administration the respective buildings are located, as well as by the authorities of the central public administration in the field of education, respectively in the field of health or by some units under the coordination of these authorities, shall draw up material, disciplinary, civil and criminal liability, According to the law. ... ---------- Alin. ((7) of art. 10 10 was introduced by the subsection. 39 39 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (8) In the case of houses for which the sales contract was terminated by law, they shall be distributed by the local public administration authorities, the sectors of Bucharest, as well as by the administration authorities central public education, respectively in the field of health, in compliance with the provisions of art. 8 8 para. ((3) or of art. 23 23, as appropriate. ... ---------- Alin. ((8) of art. 10 10 was introduced by the subsection. 39 39 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. + Article 11 Rental contracts, sales contracts, as well as any other acts concluded in violation of the provisions of art. 8 8 para. ((3) and art. 10 are hit by absolute nullity. The detection of these cases and the complaint of the courts for the finding of nullity and the restoration of the previous situation shall be made through the + Article 12 In order to attract additional resources, the A.N.L. may periodically issue securities, under the conditions of the legislation in force. + Chapter II Organisation + Article 13 (1) The management of the A.N.L. shall be carried out through the Management Board as an executive ... ---------- Alin. ((1) of art. 13 13 has been modified by the subsection. 40 40 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. ((2) Abrogat. ... ---------- Alin. ((2) of art. 13 was repealed by the subsection. 41 41 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (3) The Board of Directors shall be composed of 5-7 members appointed and appointed by order of the Minister of Regional Development and Public Administration. ... ---------- Alin. ((3) of art. 13 13 has been amended by art. III of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 of 28 July 2015, by replacing a phrase. + Article 14 Repealed. ---------- Article 14 was repealed by the subsection. 42 42 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. + Article 15 The Board of Directors of A.N.L. has the following duties: a) substantiates, on the basis of specialized studies, through the Ministry of Regional Development and Public Administration in its capacity as authorising officer, the annual requests for allowances from the state budget for the construction of housing, according to this law; ... ---------- Lit. a) of art. 15 15 has been amended by art. III of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 of 28 July 2015, by replacing a phrase. b) establishes the conditions for the use of the amounts accumulated by A.N.L. ... c) analyze and pronounce on the patrimonial commitments of the A.N.L.; ... d) endorses the revenue and expenditure budget and approves the A.N.L. balance sheet; ... ---------- Letter d) of art. 15 15 has been amended by section 4.2 1 1 of art. IX of EMERGENCY ORDINANCE no. 26 26 of 6 June 2012 published in MONITORUL OFFICIAL no. 392 392 of 12 June 2012. e) approve the maximum cost ceilings for the dwellings financed according to the provisions of this Law; ... f) approve the issue prospectus of the securities of the A.N.L.; ... g) manages the resources of the A.N.L. and decides, in the case of non-budgetary ones, on placements in government securities and in bank deposits, under conditions of management of placement and market risks; ... h) approves the conclusion of conventions for the development of funds with approved banking institutions that grant mortgages; ... i) analyze the use of credits and establish measures in accordance with the legal provisions; ... j) represents, through its president, the interests of the A.N.L. in justice and in relations with third parties; ... k) elaborates the organization and functioning regulation of the A.N.L. ... + Article 16 The A.N.L. board is responsible for managing the funds according to the law. + Article 17 (1) The expenses of organization and functioning of the A.N.L. shall be ensured from the annual revenues entered in the revenue and expenditure budget. ... ((2) The surplus of its own budget shall be as a resource for the A.N.L. in the following year. ... (3) The revenue and expenditure budget of the A.N.L. is approved annually by Government decision. ... --------- Alin. ((3) of art. 17 17 has been introduced by section 2 2 of art. IX of EMERGENCY ORDINANCE no. 26 26 of 6 June 2012 published in MONITORUL OFFICIAL no. 392 392 of 12 June 2012. + Chapter III Final provisions + Article 18 A.N.L. may modify, periodically, the general conditions for granting new mortgages, depending on the situation of the money market and the capital market. + Article 19 (1) For the construction of housing in government programs, the necessary building materials can be provided by A.N.L. ... (2) The insurance of construction materials provided in par. (1) is made through public procurement and/or from donations and/or sponsorships. ... + Article 20 (1) At the request of the local public administration authorities, of the sectors of Bucharest, respectively of the central public administration authorities in the field of education, respectively in the field of health, A.N.L. can promote the framework of housing construction programs for young people for rent, provided in art. 7 7 para. (6), public investment objectives in the construction of housing for renting exclusively to young specialists from these fields of activity. ... ---------- Alin. ((1) of art. 20 20 has been modified by the subsection. 43 43 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (2) The necessity and appropriateness of the construction of housing constructions for young people for rent, provided in par. (1), shall be established by pre-feasibility studies promoted and approved by the local public administration authorities, of the sectors of Bucharest or of the central public administration concerned, studies that are transmitted to A.N.L. The pre-feasibility studies shall be financed from sources provided with this destination in the own budgets of the local public administration authorities or of the central public administration concerned or from other legally constituted sources. ... ---------- Alin. ((2) of art. 20 20 has been modified by the subsection. 43 43 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (3) In the elaboration of the pre-feasibility studies provided in par. (2) model architectural solutions for the realization of housing, which are carried out through the care of the Ministry of Regional Development and Public Administration and can be made available to applicants by A.N.L. ... ---------- Alin. ((3) of art. 20 20 has been amended by art. III of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 of 28 July 2015, by replacing a phrase. (4) For the realization of housing for renting exclusively to young specialists from education or health, local public administration authorities, sectors of Bucharest or central public administration interested in the provision of land under the conditions laid down in art. 3 3 para. ((1). Land may be in public or private property of local public authorities, public or private property of the State and in the administration of the respective central public administration authorities or, as the case may be, in the administration of units subordinated to or under the coordination of these authorities, under the law. ... ---------- Alin. ((4) of art. 20 20 has been modified by the subsection. 43 43 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. + Article 21 (1) A.N.L. acquires feasibility studies provided in art. 20, for the realization of housing constructions for young people for rent, which will be subject to approval according to the law. ... (2) Financing of the studies provided in par. (1) shall be ensured from allowances from the state budget, provided with this destination by the budget of the Ministry of Regional Development and Public Administration, approved under the law. ... ---------- Alin. ((2) of art. 21 21 has been amended by art. III of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 of 28 July 2015, by replacing a phrase. + Article 22 Renting homes for young people for rent, made under the conditions of art. 20, shall be made in compliance with the provisions of 8 8 para. ((4) and (5). + Article 23 (1) The distribution of housing for young people for rent, built and commissioned by the programs carried out by A.N.L. according to the provisions of art. 20-22, is made according to criteria established and adopted by the local public administration authorities and the sectors of Bucharest, as well as by the central public administration authorities in education or health, as the case may be, which take over under the administration of the respective dwellings, with the opinion of the Ministry of Regional Development and Public Administration, 8 8 para. ((3). ... ---------- Alin. ((1) of art. 23 23 has been modified by the subsection. 44 44 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. (2) In order to establish the priority in the distribution of homes for rent exclusively to young specialists in education or health, according to par. (1) Specific criteria may be adopted, in addition to those provided for by the framework criteria. ... + Article 24 Rental contracts, sales contracts, as well as any other acts concluded in violation of the provisions of art. 22 and 23 are hit by absolute nullity. The detection of these cases and the complaint of the courts for the finding of nullity and the restoration of the previous situation are made through the care of the prefects for the dwellings administered by the local the sectors of Bucharest, respectively by the ministries that coordinate the activities in the field of education or health, as the case may be. ---------- Article 24 has been amended by the subsection. 45 45 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. + Article 25 ((1) At the request of the institutions of the national defense sector, public order and national security, other institutions of the central public administration, local public administration authorities, as well as legal entities with capital Private, A.N.L. may develop privately owned housing construction programs through mortgage credit, intended exclusively for their staff, through conventions concluded with it. ... (2) The need and opportunity of the construction of housing constructions provided in par. (1) shall be established by pre-feasibility studies promoted and approved by the institutions and/or authorities of the central or local public administration concerned, as well as by legal entities with private capital, studies that will be transmitted to A.N.L. Pre-feasibility studies shall be financed from sources provided with this destination in the own budgets of institutions and/or central or local public administration authorities concerned and, where appropriate, from the budgets of legal entities with private equity. ... (3) In the elaboration of the pre-feasibility studies provided in par. (2) model architectural solutions for the realization of housing, which can be made available to applicants by the A.N.L., or, as the case may be, are envisaged to ensure technical projects and execution details by applicants, subject to their approval in the Technical-Economic Council of the A.N.L. The general designer of the works will support the approval of feasibility studies and, as the case may be, of technical projects and execution details in the Technical-Economic Council of A.N.L. ... (4) For the realization of dwellings provided in par. (1), applicants shall be responsible for the making available of land, free of any task, by giving free use to the A.N.L., until the completion of the construction works of the respective dwellings, so that their legal regime ensure the category of use provided for in urban plans and approved pre-feasibility studies. The land related to the construction of dwellings shall be transmitted separately from those intended for the realization of utility networks and technical-urban facilities necessary to ensure the living conditions. ... (5) In acts of land transmission according to the provisions of par. ((4) and in accordance with the legislation in force shall be compulsorily recorded: ... a) the right of free use of land for the period of investment; ... b) the way of awarding the land related to the construction of housing to the holders of the ownership of the dwellings-by sale, concession or, as the case may be, put into use for the entire duration of the construction-, the owner of the land having the obligation to decide and communicate to the A.N.L. their price or, as the case may be, the amount of the fee or fee established according to ... (6) If the holder of public or private land of the state or administrative-territorial units is not empowered or cannot meet the conditions specified in par. ((5) lit. b), the making available of land is made under the conditions provided by art. 3. ... (7) Analysis of requests for construction of personal property by mortgage loan provided in par. (1) is made by A.N.L. on the basis of requests, data and information in the records of applicants. For this purpose it will establish, through the convention concluded with the institutions and/or with the public administration authorities, respectively with the legal entities with private capital, the method of receiving the necessary requests and the necessary documents. ... + Article 26 The Ministry of Regional Development and Public Administration elaborates methodological norms of application, which are approved by Government decision *). Note ... ---------- * *) See Government Decision no. 962/2001 approving the Methodological Norms for the implementation of the provisions Law no. 152/1998 on the establishment of the National Housing Agency, published in the Official Gazette of Romania, Part I, no. 626 of 4 October 2001, with subsequent amendments and completions. ---------- ---------- Article 26 has been amended by art. III of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 of 28 July 2015, by replacing a phrase. + Article 27 Repealed. ---------- Article 27 was repealed by the subsection. 46 46 of section 2 2 from art. I of LAW no. 221 221 of 24 July 2015 published in MONITORUL OFFICIAL no. 562 562 of 28 July 2015, which amends and supplements art. I of ORDINANCE no. 6 6 of 23 July 2014 published in MONITORUL OFFICIAL no. 562 562 of 29 July 2014. NOTE: We reproduce below the provisions art. III of Government Emergency Ordinance no. 112/2010 , approved with amendments and additions by Law no. 159/2011 ,, which have not been incorporated into the republished text of the Law no. 152/1998 and which continue to apply as own provisions of the amending act: "" Art. III. -Within 90 days from the date of entry into force of the law approving this emergency ordinance will be updated the Methodological Norms for the implementation of the provisions Law no. 152/1998 on the establishment of the National Housing Agency, approved by Government Decision no. 962/2001 ,, as amended and supplemented. " ------
