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Law No. 9 Of 9 May 1968 For The Development Of Housing Building, Selling Housing From The State By The Population And Personal Property Building Houses Of Rest Or Tourism

Original Language Title:  LEGE nr. 9 din 9 mai 1968 pentru dezvoltarea construcţiei de locuinţe, vînzarea de locuinţe din fondul de stat către populaţie şi construirea de case proprietate personală de odihnă sau turism

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LEGE no. 9 9 of 9 May 1968 for the development of housing construction, the sale of housing from the state fund to the population and the construction of personal property houses of rest or tourism
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 57 57-58 of 9 May 1968



EXPLANATORY MEMORANDUM In order to carry out the tasks outlined by the Decision of the Plenary of the Central Committee of the Romanian Communist Party of October 1967 on the development of housing construction and the sale of housing from the state fund to the population, the adjoining law, which includes rules to achieve the principles approved by the plenary, has been adopted. The law establishes that the housing fund develops through the construction of housing from the state's centralized investment funds, the funds of economic organizations and state enterprises, cooperative organizations and others. public organizations, as well as with their own means of the population. The law provides for the right of economic organizations and state enterprises, cooperative organizations and other public organizations to build housing from their funds, to be distributed to employees of state organizations, respectively the members of the cooperative and public organizations. In order to stimulate and extend the construction of personal property, the conditions in which the state provides support to urban citizens and some categories of rural employees, who want to build their homes, have been provided. Thus, for the construction of personal property in urban areas, the state grants citizens loans for 15-25 years, with an annual interest of 1.5-3%, provided that the beneficiary submits a minimum advance of 20-30% of the value of the home, depending on the tariff salary or the monthly gross income they make. Credits are granted according to the age of the advance deposited at the House of Savings and Consemnations. At equal age the following priority order is applied: specialists transferred from other localities for work, with the approval of the Council of Ministers; people who have families with many children and difficult living conditions; those who submit a higher advance; those who bring a special contribution in production; those who have great seniority in the enterprise. Residents evacuated for the demolitions, which calls for the construction of a personal property on a credit basis, take precedence over any other applicant. Until the personal property home is received in use, the evacuated residents are provisionally provided with the home from the state housing fund. In order to stimulate the construction in its own direction of personal housing, as established by the Decision of the Central Committee of the Romanian Communist Party, in the law it was stipulated that credits of up to 20,000 lei can be granted, refundable in -25 years, citizens who build their homes in urban areas. As regards the state support of the construction of housing in rural areas, the law provides for loans up to 15,000 lei, refundable within 10-15 years, to categories of employees, especially teachers, doctors, specialists from car and tractor resorts, state agricultural enterprises and agricultural production cooperatives, who do not have their own home and want to build such a home. Also, under the same conditions will be supported to build homes, in home communes, and employees who have the workplace in large cities and reside in the communes around them. The decision of the Council of Ministers will establish the cities and areas around them, where this provision applies. Other forms of stimulation and support of citizens for the construction of personal property housing, provided for in the law, relate to the attribution of state property land in eternal use against an annual fee, insurance with materials of construction, preparation of projects and execution of works, exemption from the cloud regime and distribution of housing space, tax exemption on buildings for 10 years, etc. In order to create the necessary conditions for the realization of these constructions, it is stipulated that in the systematization projects of the municipalities, cities and communes to specify the areas where citizens can build villas and family housing. The law also includes rules on how to interest citizens, by buying, housing from the state fund. The executive committees of the popular councils of municipalities, towns and communes are authorized to sell from the state fund small houses with a single apartment or with a small number of apartments, as well as housing from the buildings where there is also personal property housing. Priority when buying these homes have those who own them with rent. The law states that the sale of homes will be staggered on the basis of the lists that will be drawn up by the executive committees of the municipal, city and communal folk councils, so that the sale begins the latest within 6 months from Date of publication The assessment rules and the criteria for the sale of housing will be determined by the decision of the Council of Ministers for the application of the law. In order to support citizens who want to buy their homes, the law states that credits are granted in conditions similar to those established for the construction of personal property homes. In order to ensure the return of loans granted for the construction or purchase of personal property, the law establishes special guarantees that: monthly withholding of loan restitution rates and interest from employees through states of salaries, and in the case of other categories of citizens, according to the clauses provided for in the loan contract; the guarantee of the loan by establishing the mortgage on the home built or bought with credit; the loan contract, the construction contract and the sale-purchase contract concluded in the terms of the present regulation, have the value of authentic documents and constitute enforceable securities. In order to prevent the situation when housing can be a means of exploitation of working people, it was noted in the law that personal property is limited to a single dwelling. Consequently, the construction or purchase of housing by citizens for the purpose of resale or rental is prohibited. It was also foreseen that people who sold their homes starting in 1967 will not benefit from credits. In order to unify the legislation, the law also provides for the conditions under which citizens can build houses of rest or tourism in balneoclimateric localities and other tourist places (the provisions being included Decree no. 713 713 of 21 July 1967 ), stating that citizens can have, in the property, apart from the home, a single house of rest or tourism. The application of the law will be determined by the decision of the Council of Ministers. The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter I General provisions + Article 1 The housing fund develops through: the construction of housing from the state's centralized investment funds, the funds of enterprises and state economic organizations, cooperative organizations and other public organizations, as well as from the public's own means + Article 2 The homes that are built from the state's centralized investment funds constitute state property and will be rented to the population. + Article 3 The houses built from the funds of enterprises and state economic organizations, within the limit of a share of the benefits made over the plan, are state property, are managed by these enterprises and organizations and will be rented their employees. + Article 4 The houses built from the funds of the cooperative organizations and other public organizations constitute their property and will be rented to their members, as well as to the employees of the respective organizations. + Article 5 Dwellings bought from the state housing stock or built by citizens with their own means or with the support of the state constitute personal property. + Article 6 Personal property is, limited to a single dwelling. Building or buying homes by citizens for the purpose of reselling or renting is prohibited. If a person takes down a second home, the owner has the obligation to dispose of one of the houses, within one year of the interest. + Article 7 Citizens can be constituted in cooperation associations for the construction of personal property housing. On the basis of the contribution of the association members and the bank loans granted by the state, the cooperation associations will build personal property housing for members of these associations Associations of cooperation for the construction of personal property dwellings bring legal personality according to the legal provisions, from the date of their constitution. The organization and functioning of cooperation associations shall be established by statute. The conditions for granting bank loans, the contribution of the members of the association and the status of the cooperation associations shall be established by decision of the Council of Ministers. + Chapter II Building personal property housing with state support + Article 8 The state supports the construction of personal property housing by providing long-term loans, assigning land to eternal use, securing materials as well as through design and execution. In order to create the conditions necessary for the construction of housing, in the systematization projects of the localities will be established areas where personal property will be built. + Article 9 Citizens domiciled in cities can build, in the city where they reside, a home personal property for them and their families, with their own means and with the support of the state. + Article 10 Personal property dwellings built with state support are designed and executed through state organizations or cooperatives based on contracts concluded at firm deviz prices, or are projected and executed by the beneficiary in the state. Own direction. + Article 11 The price of the home that is built through state or cooperative organizations is determined on the basis of the price of deviz on the object, in which the cost of the connections and connections is also included; the materials will be calculated at the wholesale prices of enterprise, and workmanship-based on the regulations in force. The price of the home includes, as the case may be, the cost of the design, the benefit of the construction organization and the commission of the organization that concludes the construction contract + Article 12 For the non-delivery of the home within the deadline set by the contract, the organization with which the contract for the construction of personal property will be concluded will pay the beneficiary penalties of delay. + Article 13 The state grants bank credit to citizens who have concluded contracts for the construction of personal property, for the difference between the deviz price provided in the contract and the advance submitted by the beneficiary. In order to obtain the credit, at the conclusion of contracts for the construction of personal property housing with state organizations or with cooperative organizations, the beneficiary must have submitted to the House of Savings and Consemnations, for the purpose construction of housing, a sum of money representing at least the minimum advance of the deviz price stipulated in the contract. + Article 14 The minimum advance and the maximum repayment duration of the bank loan are established for employees, depending on the monthly tariff salary, and for the other categories of citizens, depending on the average gross monthly income, at the date of conclusion of the contract, after as follows: CategorySalary tariff or average gross income meadow Minimum advance of the price of devisMaximum loan repayment duration Ipina to 1,500 lei20% 25 years II1.501-2.000 lei25% 20 years IIIover 2.000 lei30% 15 years + Article 15 Citizens whose personal property is demolished for new constructions or systematizations, if they want to build, will submit as an advance the entire amount received as compensation. If the amount received as compensation is less than the minimum advance provided in art. 14, this amount is considered an advance. In this case the credit is granted only for the construction of a home strictly necessary for the one who was demolished his home, as well as for his family. + Article 16 Citizens who, at the conclusion of the contract, pay the full house price, benefit from a bonus. + Article 17 Loans for personal property dwellings are granted according to the age of the advance deposited at the House of Savings and Consemnations. At equal age the following priority order is applied: specialists transferred from other localities for work, with the approval of the Council of Ministers; people who have families with many children and difficult living conditions; those who submit a higher advance; those who bring a special contribution in production; those who have great seniority in the enterprise. Residents evacuated for the demolitions, which calls for the construction of a personal property on a credit basis, take precedence over any other applicant. Until the personal property home is received in use, the evacuated residents are provisionally provided with the home from the state housing fund. + Article 18 The priority to the granting of credits shall be determined, according to the criteria 17, by commissions constituted by the executive committees of the popular councils. The committees will establish the list of applicants in the order of priority and will display it at the headquarters of organizations that conclude contracts for building housing with citizens. Those interested may appeal to the established order of priority, within 15 days from the display of the list, to the executive committee of the competent popular council, which will settle them within a maximum of 30 days of registration. + Article 19 In cases when the credit beneficiary requests the execution of homes with higher comfort and in different conditions of endowment or finish compared to the type of housing that is executed from the centralized investment funds of the state, the cost additional required by these works, including the garages or household annexes outside the living building, shall be distinguished separately in the deviation and shall be paid in full by the beneficiary at the time of conclusion of the contract + Article 20 Citizens domiciled in cities, who build personal homes in their own direction, can obtain credits for this purpose in the amount of no more than 20,000 lei, refundable in a period of 15-25 years, depending on the tariff salary or income Monthly gross average of the applicant, according to art. 14. The credits shall be granted provided that the beneficiary proves that he has material possibilities for the construction. The bank will release the credit gradually as the construction works. If the beneficiary of the loan will use for other purposes the amounts received, the bank will withdraw the credit granted and will follow the recovery of the amounts released, as well as an annual interest of 12% calculated on the entire amount released by the bank. + Article 21 Rural employees, especially teachers, doctors, specialists from car and tractor resorts, state agricultural enterprises and agricultural production cooperatives, who do not have their own home in the communes where they belong. work, can benefit from a loan of up to 15,000 lei for 10-15 years, to build their personal property in that commune. + Article 22 Employees who have their jobs in large cities and reside in communes around them will be supported to build their personal home in the commune where they reside, if they do not have their own home. For this purpose, they can benefit from a loan of up to 15,000 lei for 10-15 years. Employees referred to in the previous paragraph cannot build personal property housing in large cities, where they have the job. The Council of Ministers will determine the large cities, the areas around them and the conditions under which the provisions of this Article apply. + Article 23 Art. 10-12 applies, as the case may be, to employees who build personal homes in rural areas. + Chapter III Sale of state property to the population + Article 24 Executive committees of municipal, city and communal folk councils can sell to citizens, from the state housing stock, small single-apartment houses or with a reduced number of apartments, as well as housing from the buildings where there is also. personal property housing. With the sale of homes will be sold and outbuildings, service rooms, garages and related household annexes, if they have not been transformed for another destination. + Article 25 The sale of the houses will be staggered, based on the lists that will be drawn up by the executive committees of the municipal, city and communal folk councils, so that the sale will start the latest within 6 months from the date of this law. The lists of homes that are put into sale will be displayed, indicating their price. At established prices, those interested can make appeals to the executive committees of the competent folk councils. + Article 26 The evaluation of residential buildings intended for sale to citizens is made by commissions established by the executive committees of the folk councils, composed of delegated specialists of the competent local bodies, completed with citizens with prestige and authority, domiciled in the neighborhood where the buildings put up for sale are located. + Article 27 Citizens who rent housing from the state housing stock for sale have priority when buying these homes. If an apartment is occupied by several tenants, the priority to the purchase of this apartment is granted according to the number of children, the size of the occupied housing area, the seniority in the home. + Article 28 If the tenant who owns the dwelling for sale does not exercise his right of priority, the dwelling can be sold to other citizens residing in that locality, in the following order of preference: to those who initially offer the entire price of dwelling; to those who offer an initial advance higher; to those who undertake to return the credit within a shorter period. At equal conditions are preferred those who have a higher number of children. The provisions of the preceding paragraph shall also apply to housing occupied jointly by several tenants if they have not exercised their right of priority. + Article 29 The executive committees of the popular councils will support citizens who have bought personal property housing under the conditions of this law, but do not live in them, to move into these homes. To this end, they will allocate to tenants who own the homes bought, either the homes offered instead by buyers or other homes in the state housing stock, in compliance with the legal provisions on housing normalization. Tenants who are to vacate the home according to the previous paragraph, but have contracted the construction or purchase of a home under the present law, as well as those who are to move to the home owned personal property with rent of other people, will hand over the home they own, to their move to the built home, respectively bought or released by tenants. The released home will be handed over to the company managing the housing stock + Article 30 At the conclusion of the sale-purchase contract applicants must pay at least the minimum advance. The state grants bank credit for covering the difference between the advance and the sale price. The minimum advance and the duration of repayment of the credit shall be determined according to the 14 14 and 15. The decision of the Council of Ministers will determine how, exceptionally, the minimum advance can be reduced for some tenants who buy the home they own. Art. 16 also applies to the sale of housing from the state housing stock. + Chapter IV Building, with the support of the state, of houses personal property of rest or tourism + Article 31 Citizens, regardless of the locality of domicile, can build with their own means, with the support of the state, a single house of rest or tourism personal property for them and their families. Citizens may have, apart from the personal property home, a single house of rest or personal property tourism. The state supports the construction of rest houses or tourism by assigning land into eternal use, as well as the design and execution of construction and the distribution of building materials. + Article 32 Rest houses or personal property tourism can be built individually or in cooperation, in balneoclimateric localities in the mountains or at the sea, as well as in other tourist places. + Article 33 Citizens will be able to design and execute the houses of rest or tourism personal property in their own direction, or they will be able to conclude contracts for the design and execution of these houses with state socialist or cooperative organizations. + Article 34 The houses of rest or tourism built under the conditions of this law are exempted from the regime of norsea and distribution of the housing space. + Chapter V Other measures regarding the construction and purchase of housing, as well as the construction of rest houses or tourism + Article 35 The executive committees of the municipal, city and communal folk councils will assign, for the construction of housing or rest houses or tourism, to those who do not have personal property land, land in eternal use, with payment of a annual fees. If several beneficiaries request the assignment of land for the construction of a building or a rest home or tourism with several apartments, the land will be assigned to the common eternal use, and the fee will be borne by each beneficiary, proportional to the built area of the home or rest house or tourism. The provisions of the preceding paragraphs also apply to the sale of state-owned housing to the population. + Article 36 Ownership of dwellings, rest houses or tourism or housing areas built with other destination than that of dwelling, located in the same building, but belonging to different owners, also implies the right to common property or, where applicable, the right to use the common eternal, their land on the related land, ancillary facilities, common facilities and utilities, as well as all other goods which, by their nature, are affected the joint use of the building. The right of common property or, as the case may be, the right of common eternal use can only be transmitted with the right of personal property. + Article 37 The legal provisions on exit from the indivision do not apply to the common property right nor to the right of common eternal use, provided in art. 35 35 and 36. + Article 38 The executive committees of the municipal, city and communal folk councils are obliged to establish in the buildable perimeter of the cities and in the hearth of villages distinct areas for the construction of villas and family housing. The executive committees of the county folk councils and the city of Bucharest will establish the localities and areas within these localities where rest or tourism houses can be built. + Article 39 Personal property dwellings are exempted from the regime of cloud and distribution of housing space, if they are inhabited by the owner and his family. They are exempt from the tax on buildings, for 10 years from the date of their interest, the dwellings bought under the present law and those built with the support of the state. + Article 40 The bank may grant a single credit for the endowment of a dwelling, under the conditions of this law. + Article 41 For loans granted under the present law will be charged, in a differentiated way, an annual interest rate of 1.5-3% depending on the monthly tariff salary or the average monthly gross income provided in art. 14. The interest will be calculated from the date provided for in the loan contract for the takeover of the home by the beneficiary. Loans are returned in equal monthly installments. The related rates and interests shall be retained, in the case of employees, by the organizations with which they have concluded the employment contract. The other beneficiaries will refund the related rates and interests according to the clauses provided in the loan contract. In case of non-payment at the maturity of 6 installments or the value of 6 installments, the bank will be able to demand the forced execution on the home and the evacuation of its holder. + Article 42 The loan will be guaranteed by setting up a mortgage on the home provided under the conditions of this law. The mortgage registration will be ordered based on the finding of the loan contract, at the request of the bank. Until the full repayment of the loan, the dwelling provided under the present law cannot be alienated, demolished or restructured, except with the prior authorization of the bank. + Article 43 In case of succession or alienation of the home or of the house of rest or tourism, all rights and obligations resulting, as the case may be, from the loan contract, as well as from the contract for construction or from sale-purchase contract. With the transmission of the right of ownership, the right of eternal use on the land is also transmitted, if it has been assigned by the executive committees of the popular councils according to the law. + Article 44 The contract for the construction together with the minutes of delivery-takeover constitutes the title of property for the dwellings or the houses of rest or tourism built under the conditions of this law. In the case of building the home with credit from the state, in its own direction, the title of property is the loan contract. In all cases, the decision to award the land constitutes the title for the right of eternal use-individual or common-on the land. + Article 45 The property titles provided for in the previous article, sale-purchase contracts of housing from the state housing stock, land award decisions in eternal use, loan agreement and mortgages constituted on The buildings are registered in the real estate transcripts. In the localities with land book regime will be made the registration, as the case may be, of the right of eternal use on the land, of the ownership of the home or of the rest or tourism house, of the mortgages constituted, as well as the the loan agreement. Contracts for the construction of housing or for rest houses or personal property tourism, sale-purchase contracts of housing from the state housing stock, issuance of building permits advertising operations real estate, as well as loan agreements and mortgage enrolment operations, are exempt from any taxes. + Article 46 The loan contract, the construction contract, as well as the sale-purchase contract concluded under the conditions of this law have the value of authentic documents and constitute enforceable securities. + Article 47 If the construction of the dwelling and rest house or tourism provided in this law is designed and executed in its own direction, on land state property assigned to eternal use, the beneficiary will sign a commitment, authenticated by The Notary of State, by which it undertakes to fully execute the construction within the period provided for in the decision to award the land. If the obligation thus assumed has not been complied with, the decision to award the land will be revoked; based on the revocation decision, the court will order, as the case may be, the deletion of the registration or notaries provided in art. 45. In the case of revocation of the land award decision, the former beneficiary may sell the unfinished construction, within the deadline set by the council's executive committee, popular, to a person who commits to continue the construction and to whom he is assign the land under the present law. If the construction was not sold under the conditions of the previous paragraph, the owner will release the land within the deadline set by the executive board of the popular council + Article 48 Those who will execute construction without a building permit will be sanctioned according to the law, and construction will be demolished. + Chapter VI Transitional and final provisions + Article 49 Decisions under which citizens have been assigned land for the construction of housing under Decree no. 493 493 of 10 December 1954 can be revoked if the homes for which those lands were assigned were not built. + Article 50 For the state property land on which personal property dwellings were built and which were awarded without fulfilling the forms provided by Decree no. 493 493 of 10 December 1954 , the executive committees of the popular councils of municipalities, cities and communes will issue award decisions in eternal use under the conditions art. 35, if the provisions of Decree no. 144 144 of 29 March 1958 . + Article 51 The executive committees of the municipal, city and communal folk councils will identify the land in the buildable perimeter of the towns or the hearth of villages, which can be used for the construction of homes or rest houses or tourism. The ministries and other central bodies of the state administration will transmit these lands to the executive committees of the popular councils, at their request, if they are not necessary for the expansion of the activity or for the construction of housing or social-cultural buildings. + Article 52 People who sold their home starting in 1967 will not benefit from credits. + Article 53 The Local Government Issues Committee, the Planning State Committee, the Ministry of Finance and the State Building, Architecture and Systematization Committee will submit for approval to the Council of Ministers within 30 days. from the date of this law, proposals on the rules for assessing housing that are put into sale. + Article 54 The rules on the benefit and commission that are included in the price of built homes, the penalties for late non-handover of these homes, the bonus for the full payment of the price on housing contracting, the criteria for the sale of state property dwellings, the establishment of the composition of the commissions provided in art. 18, the term and conditions for exercising the right of priority provided by art. 27, the differentiated establishment of interest on loans granted, the annual fee for land assigned to eternal use, as well as any other norms for the application of this law, shall be established by decision of the Council of Ministers. + Article 55 Decree no. 445 445 of 25 May 1966 on the state support of citizens from cities in the construction of personal property housing, Decree no. 713 713 of 21 July 1967 on the construction by citizens, with the support of the state, of personal property houses-of rest or tourism-in balneoclimateric localities and in other tourist places, as well as any other provisions contrary to this law, shall be repealed. Contracts or other acts concluded on the basis Decrees no. 445/1966 and no. 713/1967 remain valid. This law was voted by the Grand National Assembly on May 9, 1968, with the unanimity of the votes of the 431 deputies present at the meeting. President of the Great National Assembly, STEFAN VOITEC Bucharest, May 9, 1968. No. 9. According to the provisions of art. 57 of the Constitution of the Socialist Republic Romania, we sign this law. President of the State Council, NICOLAE CEAUSESCU --------------