Law No. 7 of 13 March 1996 (republished * *) (* updated *) Cadastre and real estate advertising (updated up to June 30, 2016 *) ISSUER-PARLIAMENT-------Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the Republished pursuant to the provisions of art. III of law No. 150/2015 modification and completion of the law on cadastre and real estate advertising nr. 7/1996 published in the Official Gazette of Romania, part I, no. 459 of 25 June 2015, posing a new texts.
The law on cadastre and real estate advertising nr. 7/1996 was also republished in the Official Gazette of Romania, part I, no. 83 of 7 February 2013 and subsequently was amended and supplemented by:-Law No. 127/2013 approving Government Emergency Ordinance nr. 121/2011 for the modification and completion of some legal acts published in the Official Gazette of Romania, part I, no. 246 of 29 April 2013;
-Law No. 214/2013 approving Government Emergency Ordinance nr. 4/2013 amending the law No. 76/2012 for the implementation of law No. 134/2010 relating to the code of civil procedure, as well as for the modification and completion of some legislative acts, as published in the Official Gazette of Romania, part I, no. 388 of 28 June 2013;
-Law No. 221/2013 approving Government Emergency Ordinance nr. 12/2013 for the regulation of the financial-fiscal measures and the extension of certain time limits and modifying and completing some legislative acts published in the Official Gazette of Romania, part I, no. 434 of 17 July 2013 and corrected in the Official Gazette of Romania, part I, no. 456 of 24 July 2013;
-Government Emergency Ordinance nr. 8/2014 for the modification and completion of some legal acts and other fiscal-budgetary measures, published in the Official Gazette of Romania, part I, no. 151 dated 28 February 1970, as amended by law No. 197/2015 published in the Official Gazette of Romania, part I, no. 529 of 16 July 2015, and its subsequent amendments;
-Government Emergency Ordinance nr. 11/2014 concerning the adoption of reorganisation measures at the level of central public administration and on modification and completion of some legal acts published in the Official Gazette of Romania, part I, no. 203 of 21 March 2014, approved by law No. 145/2015 published in the Official Gazette of Romania, part I, no. 428 of 16 June 2015;
-Law No. 68/2014 modification of paragraph 1. (1) of article 1. 29 of the law on cadastre and real estate advertising nr. 7/1996 and law No. 17/2014 measures to regulate the sale-purchase of farm land located in garages and amending Law No. 268/2001 concerning the privatisation of companies holding land in public ownership and administration of the State agricultural Agency and establishment of areas of the State, published in the Official Gazette of Romania, part I, no. 352 from May 13, 2014.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Title I general status of cadastre and real estate advertising chapter I General provisions Article 1 (1) land cadastre and land registry forms a unitary system and mandatory record-keeping, technical economic and legal, of national importance, all the buildings on the entire territory of the country. The purpose of this system is: determination of technical information), economic and legal related to immovable property;
b) publicity rights in rem in immovable property, personal rights, of legal acts and facts, as well as any other legal relations, through the land;
c) providing data of public institutions of the State, required tax system and real estate market;
d) contribute to the security of transactions and to facilitate real estate mortgage.
(2) identification, Survey carried out measurement, description and registration of real estate in the land registry documents and their representation on the cadastral maps and plans.
(3) the land registry shall include a description of the property and rights relating to the entries of real estate, personal rights, acts, facts or legal relationships connected with real estates.
(4) Records cadastral plan embodied in buildings and in the land registry shall be carried out ex officio and shall be updated, at the request of the person concerned or on the initiative of the public authorities. Public authorities and property rights holders are required to support creating and updating cadastre through making available free of charge to data and information. Local public administration bodies are obliged to support information, technical and otherwise, within the limits of competences, the creation and updating of the system of cadastre and land register.
(5) by building the purposes of this Act, means the land, with or without construction, of the territory of administrative-territorial units belonging to one or more owners, which is identified by a unique cadastral number.
(6) Property defined in paragraph 4. (5) shall be entered in a land register.
(7) the basic Entities of this system are the property owner.
Article 2 (1) a register is carried out at the level of administrative-territorial units, the land sector. Land sector is the area bounded by linear elements stable over time-roads, water, sewers, dams, railways, etc.
(2) Through the integrated system of cadastre and land register is performed: a) the identification, description and registration in the land registry documents of real estate by nature, measurement and their representation on maps and cadastral plans, as well as computer data storage media;
b) identification and registration of owners, other legal owners of immovables and holders;
(c) providing necessary data) the system of taxes and fees for the correct setting of the tax liabilities of taxpayers, as required by the authorized institutions;
(d)), which provides real estate advertising before the real estate rights, personal rights, of legal acts and facts, as well as any legal relations subject to advertising, relating to immovable property.
(3) the cadastral Plan contains graphical representation of property boundaries from an administrative-territorial unit, which will be registered in the land registry, the land registry and the numbers thereof. The cadastral plan is updated by inspectors surveying within the offices of cadastre and real estate advertising.
(4) the adjustment of property recorded in the coordinates of the cadastral plan can be done at the request of the persons concerned or ex officio by the Office of cadastre and real estate advertising.
(5) the statement of the cadastral plan represents the section of the cadastral plan, with the representation of the building and the adjoining sides, its size, and the date of the last update of graphical database managed by the national agency of cadastre and real estate advertising.
Article 3 (1) the national agency of cadastre and real estate advertising, hereafter national agency, organized as a public institution with legal personality, subordinated to the Government and the coordination of the Ministry of regional development and public administration.
(2) in each county and in Bucharest is set up offices for cadastre and real estate advertising, hereinafter territorial offices, as units with legal personality, subordinated to the national agency, by reorganizing the current county offices of cadastre, Geodesy and cartography and Bucharest city and land book offices.
(3) no later than December 31, 2016, at the level of each of the judicial districts will be made and will work at least one Office of cadastre and real estate advertising, hereinafter referred to as the Office, or, where appropriate, a public relations office, as units without legal personality, subordinated to the territorial offices. The mode of organisation and functioning, as well as number arondarea on the administrative-territorial units shall be determined by order of regulatory nature of the Director general of the national agency.
(4) for the purpose of collaborative relationships between the specialized training unit, administrative courts, notaries public and national agency or, where applicable, the territorial Office, the Mayor, the President of the Court or of the Superior Council of magistrates and the President of the National Union of notaries public from Romania or Chamber of Notaries will determine the disposition of the specialty structure of their collaborating directly with the national agency or where appropriate, with the Office, under the conditions laid down in the protocol of cooperation between the national agency and the previously mentioned institutions.
(5) for the purposes mentioned in paragraph 1. (4) the national agency establishes regular meetings working with collaborators, in order to identify the modalities for improving the services of the institution.
(6) in the performance of obligations, Central and local public authorities, public institutions, courts, public notaries, legal experts, persons authorised to carry out works of cadastre, geodesy, cartography and photogrammetry, and bailiffs have free, direct, permanent, personally or through a representative, to the platform and online services of the integrated system of cadastre and land register under conditions regulated by order of the Director-general of the national agency.
— — — — — — — — —-. (6) article. 3 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(6 ^ 1) By order of the Director-general of the National Agency referred to in paragraph 1. (6) shall be granted and revoked the right of access to any other persons and entities, data sets, the rate per unit of time, manner and term of payment. The right of access can be revoked individually under the technical rules, without prior notice, and shall expire with the end of the period for which the fare has been paid.
— — — — — — — — —-. (6 ^ 1), art. 3 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(6 ^ 2) On-line access for entities that have specific duties provided for in paragraph 1. (6) is allowed for consultation for land, cadastral plan book, obtaining an electronic compilation of cadastral data required and forwarding, including by electronic means, of instruments and cadastral documentation instrumented, in view of their land, as well as in other cases stipulated by the order referred to in paragraph 1. (6). — — — — — — — — —-. (6 ^ 2) of art. 3 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(6 ^ 3) The national agency will provide up to 31 December 2017 implementation of these provisions.
— — — — — — — — —-. (6 ^ 3) of art. 3 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(6 ^ 4) Communication procedure acts of the territorial offices will be established through the collaboration protocols approved by a decree of the Council of the National Union of notaries public from Romania, namely the Decree of the Council of the National Union of Bailiffs, and by order of the normative character of the Director general of the national agency, the protocols that will be published in the Official Gazette of Romania, part I. — — — — — — — — —-. (6 ^ 4) art. 3 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(7) Providing on-line services, cadastre and real estate advertising can be made available to other natural or legal persons concerned, in accordance with procedures laid down by order of regulatory nature of the Director general of the national agency.
(8) under the National Agency works National Centre for Cartography, as an institution with its own legal personality, which takes up the entire staff of the Centre and heritage national Surveying, mapping, Photogrammetry and remote sensing.
(9) the national agency is run by a Board of Directors composed of 9 members, including representatives from the public and private sectors, appointed solely on the basis of professional competence, one of whom is the Director general of the national agency and Chairman of the Board of Directors.
(10) members of the Board of Directors and the general manager shall be appointed and removed from Office by decision of the Prime Minister, upon proposal of the Minister of regional development and public administration.
(11) the Organization, operation, functions and powers of the Administrative Board and of the Director-general shall establish its own rules of organization and functioning of the national agency, which shall be approved by decision of the Cabinet).
Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see Judgment No. 1.288/2012 for approval of organization and functioning of the national agency of cadastre and real estate advertising, published in the Official Gazette of Romania, part I, no. 894 dated December 28, 2012, with subsequent amendments.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (12) members of the Board of Directors shall receive a housing allowance, which is paid from the budget of the national agency. The amount of the allowance is granted for meeting by order of the Director-general on the proposal of the Board of Directors, and shall be 20% of the basic salary of the Director general. The Secretary of the Board of Directors receives an allowance of session approved by the Management Board on the proposal of the Director general; its amount is 7% of the basic salary of the Director-general of the national agency.
(13) the Director-general is authorising officer and is the national agency domestically and internationally. In the performance of duties and responsibilities, the Director-general shall issue orders with individual character and normative. With normative orders shall be published in the Official Gazette of Romania, part I.
(14) the National Agency shall prepare annually a detailed activity report and a financial statement of income and expenditure for the previous budget year, identifying how their activities and financial results of the national agency to comply with the annual budget of revenue and expenditure and the approved national programme for cadastre and land register.
(15) the activity report and financial report made pursuant to paragraph 1. (14) shall be submitted to the Board of Directors and approved by the Ministry of regional development and public administration. These documents will be published annually on the website of the national agency.
Chapter II Organization of the activity of the national agency cadastre article 4 has the following main tasks: (a) coordinates and controls the execution of) the work of surveying and ensures the inclusion in the register of real estate real estate advertising throughout the country;
b) controls the execution of cartography, surveying, geodesy, Photogrammetry and remote sensing at the level of the whole country;
c) develops regulations and standards, promote techniques, processes and specialized methodologies consistent with those of the European Union, according to scientific and technical progress in the field of Geodesy, cartography, cadastre and real estate advertising;
d) authorise natural persons and legal entities which may execute the works specialized of cadastre, Geodesy and cartography, in Romania, the special provisions of the law governing the establishment of professional Union;
e) organizes and administers the national Geodesy and cartography, as well as the database of the integrated system of cadastre and land register;
f) shall, in accordance with the law, execution, completion, modernization and maintenance of the restoration of the national geodetic network;
g) ensure enforcement and updating maps;
h) endorse the contents of topographical maps, plans, atlaselor, guides and other cartographic documents intended for the public;
I) make available to the public authorities and other institutions concerned, in accordance with the law, summary statistical situations relating to lands and buildings;
j) performs the duties resulting from international commitments in its field of activity;
k) participating in organizing and coordinating the measurements for the application of the laws of the land;
It gives a technical expertise) carried out by legal experts in the specialty of surveying, Geodesy and cadastral survey concerning the accuracy of the data used, at the request of topographical courts. The above notices will be given by the Office on the basis of territorial regulation, prepared by the national agency and the Ministry of Justice;
m) ensures the inclusion of rights in rem what it constitutes, is transmitted shall be amended or shall be extinguished upon request by the public notary or the right holder or other interested person;
n) ensure the inclusion of the rights of appeal against the records of the land register;
an enrolment ratios) provide other personal rights legal prohibitions, disabilities, and judicial litigations in relation to immovable property;
p) providing training and training through the vocational training center of the national agency, an institution without legal personality, Notarized by the Romanian Institute or by other entities empowered;
q) carries out, updates and manages the national electronic register of street nomenclatures;
r) POLICES and maintain geoportalul of Romania and ensure its compatibility with the EU geoportalul INSPIRE, performs other duties assigned by Government Ordinance. 4/2010 on the establishment of national infrastructure for spatial information in Romania, republished;
s) meets and other duties related to the specific activity.
Article 5 (1) are hereby approved Street Nomenclature of the local Council, organised on each town and represents the primary records unit serves to attributing Street and number.
(2) the national electronic register of street nomenclatures represents unique reference system at the national level, in the same race classifications at the level of communes, towns and municipalities. The register is required to use the institutions and authorities of Central and local public administration in specific activity. The National Agency shall ensure that public authorities and institutions, as well as notaries public and free access to the registry.
(3) local Government Authorities are required to provide and update data on its Street nomenclature electronic register of street nomenclatures.
(4) change the address of the property administrative record in the land. Notwithstanding the provisions of article 4. 31 para. (1) the conclusion of ordering administrative address notation shall be notified of the change only at the request of the person concerned.
Article 6 (1) the functions and responsibilities of the territorial offices, as well as of the National Centre for Cartography shall be established by the regulations on the organisation and operation thereof, approved by order of the Director-general of the national agency.
(2) the reception of the work, carried out by individuals and legal entities authorized pursuant to article. 4A. d) is carried out by the national agency or the territorial offices, where appropriate.
(3) the information recorded in the cadastre and the land register can be streamed and archived in the form of records, accessible media equipment for automatic data processing. They have the same legal effect and evidentiary force equivalent to that of records that have been recorded.
(4) the database referred to in paragraph 1. (3) shall be carried out by the national agency and its territorial offices. Consulting the cadastral-legal situation of a building registered in the database can be made by any person using the identification data of the real estate.
(5) applications for enrolment, as well as those for obtaining information will be able to make and electronically recorded and processed with equivalent legal effect. The discharges, communications, children's statements, acts or plans may be made electronically or on paper, as requested.
Article 7 (1) institutions in the field of defence, public order and national security, can run with their own means and personnel, in the specific field of activity, geodesy, gravimetry, surveying, Photogrammetry and cartography necessary defence, public order and national security, according to its own standards and technical regulations, approved by order of the leaders of these institutions.
(2) institutions in the field of defence, public order and national security, can run with their own means and personnel, in the specific field of activity, cadastral works according to the rules of the national agency.
(3) personnel referred to in paragraph 1. (1) and (2) is authorized by the national agency, under the present law.
Article 8 the geodetic and Mapping Data Defense, ctscan public order and national security must be kept, where appropriate, by the competent institutions according to the industry.
Article 9 (1) the national agency is financed from its own revenue and subsidies from the State budget through the budget of the Ministry of regional development and public administration.
(2) Subsidy from the State budget shall be granted to finance personal expenses, other than those of the national programme for cadastre and land register, for current expenditure and capital of the national agency and subordinate units, and for expenses related to externally funded projects refundable and non-refundable.
(3) the income of the national agency and subordinate units consists of: a) related services and tariffs of products supplied;
b) rental premises and equipment;
c) donations and sponsorships received by law;
d) other amounts collected in accordance with the law and shall be used to finance the activities contained in the programme of national cadastre and land register referred to in paragraph 1. (23) program that can finance and foreign grants, funds and other funds allocated from the budget of administrative-territorial units.
(4) the income referred to in paragraph 1. (3) the Agency's own revenues are and can be cashed out and through subordinate units. The National Agency shall allocate the units subordinated to subsidies and own revenues related sums.
(5) Repealed.
— — — — — — — — —-. (5) article. 9 was repealed by article. 32 from EMERGENCY ORDINANCE nr. 57 of 9 December 2015, published in MONITORUL OFICIAL nr. 923 of 11 December 2015.
(6) Tariffs and proceeds under paragraph 1. (3) are not carriers of VAT in accordance with the provisions of art. 127 para. (4) to (6) of law No. 571/2003 regarding the fiscal code *), as amended and supplemented. These provisions apply to all charges, fees, and notary fees levied solely in the context of systematic surveying carried out works to obtain the land.
Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 227/2015 regarding the fiscal code, published in the Official Gazette of Romania, part I, no. 688 out of 10 September 2015 shall take effect from 1 January 2016, according to art. 501. At the same time, the law is repealed. 571/2003 regarding the fiscal code, published in the Official Gazette of Romania, part I, no. 927 of 23 December 2003, as amended and supplemented, in accordance with art. 502 para. (1) of the new final regulatory action. References made by other normative acts to the law nr. 571/2003 regarding the fiscal code, with subsequent amendments and additions shall be made to the law. 227/2015 regarding the fiscal code, under art. 502 para. (2) thereof.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (7) payment of fees and charges for issuing by the public notaries of the certificate for entry in the land register as an owner and the holder of the certificate of inheritance certificates drawn up with respect to real estate what have been the subject of systematic registration is done by the national agency, own revenues pursuant to the national programme for cadastre and land register, even subsequent completion of systematic registration , subject to the following maximum time limits under paragraph 1. (9) in article 24. 11(2). (2) (a). s) (8) the procedure for issuing and payment term of certificates referred to in paragraph 1. (7) shall be determined by the protocol concluded between the national agency and the National Union of notaries public from Romania. The Protocol is approved by order of the normative character of the Director general of the national agency and the Council of the National Union of notaries public from Romania and shall be published in the Official Gazette of Romania, part I.
— — — — — — — — —-. (8) article. 9 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(8 ^ 1) The amount of the fees paid by the national agency of the notary for the release of the public notaries of succession certificates, certificates of addition, heir of legatar certificates and certificates of holiday portion, drawn up with regard to immovable property that have been the subject of systematic registration, shall be established in accordance with the law, by order of the Minister of Justice and the Director-general of the national agency , to be published in the Official Gazette of Romania, part I).
— — — — — — — — —-. (8 ^ 1), art. 9 was introduced by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(9) payment of succession certificates is done by the Agency in accordance with the procedure laid down in paragraph 1. (8) except in the case of succession certificates issued subsequent fulfilment within 2 years from the date of completion of systematic registration.
(10) in the context of the work of systematic registration does not owe tax on the income from the transfer of immovable property, by way of derogation from article. 77. ^ (1) and (3) of law No. 571/2003 *), as amended and supplemented, and any other fees or taxes either directly or indirectly by the State budget or local budgets. Provisions of art. 77. ^ (6) of law No. 571/2003, as amended and supplemented, are not applicable in the registration process.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the asterisk from art. 9 para. (6).
(11) Notwithstanding the provisions of article 4. 77. ^ (6) to (8) of law No. 571/2003), with subsequent amendments and additions, the provisions relating to the calculation, collection and payment of tax on income derived from the transfer of immovable property do not apply to notary acts by which it operates and the property right transfer of dezmembrămintelor its findings by certificate of inheritance, a certificate of inheritance or legatar certificate, issued at the request of the Office of the Secretary to the territorial or administrative and territorial unit, in order to achieve systematic registration. The provisions of article 77. ^ (6) to (8) of law No. 571/2003), with amendments and additions thereto, shall not apply to certificates of registration in the land register as the owner of the holder.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the asterisk from art. 9 para. 6. (12) For entry in the land register of the rights under the terms of paragraph 1. (10) and (11), registrars of the land register requires proof that the obligation to pay this tax.
(13) the charges for applications involving the supply of services rendered by the national agency and its subordinate units can be received by public notaries in the name and on behalf of the national agency, on chitanţiere provided by the national agency and inscribed with his identification data, on their tax bills through money orders as a result of bank transfers made on behalf of the notary office by electronic means or any other means provided by law. The charges collected by public notaries notary on behalf of the Bureau, under the present law, via any of the means referred to above shall be paid not later than the 25th day of the month following the national agency, opened at the State Treasury, according to records kept by the notary. Methodology for collection and remittance of charges of real estate advertising shall be established by the national agency and the National Union of notaries public from Romania by the protocol, which shall be approved under the terms of paragraph 1. 8. Track earned fees and commissions notaries public under this law shall be kept separately from records of accounts of the notary office.
(^ 1) Where public notaries do not turns to the charges levied and under the conditions laid down in paragraph 1. (13), tariffs, including accessories thereto, shall be determined by decision of the Office, signed by director and Chief Accountant, certified legality. Territorial Office decision shall be enforceable, and the levy of execution shall be carried out in compliance with the provisions of law No. 207/2015 regarding the fiscal procedure code, as amended and supplemented.
— — — — — — — — —-. (13 ^ 1), art. 9 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(2 ^ 13) For non-payment of charges collected by public notaries to the time limit referred to in paragraph 1. (13) the provisions of law No. 207/2015, as amended and supplemented, for claims arising out of the State budget. — — — — — — — — —-. (2 ^ 13) art. 9 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(^ 3) The charges provided for in this law shall be treated as budgetary tax receivables receivables.
— — — — — — — — —-. (^ 3) of art. 9 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(14) the national agency and subordinate institutions do not issue tax invoices for charges levied in order to provide services in the field of responsibility, the applicable provision including situations where charges are collected by transfer to the account of the notary office according to para. (13) (15) In order to carry out the bank transfer to the account of the Office of notary, the notary public shall issue to the beneficiary in writing which shows the value of the corresponding tariff service of cadastre and real estate advertising. Proof of receipt of charges through money orders as a result of bank transfers made on behalf of the notary office is done with copy of the payment order on his behalf and through the appropriate entries from the conclusion of the final conclusion, issued as a result of inheritance or the termination of debate tabulation and the extract of the land register as appropriate.
(16) the rates for real estate advertising services can be received and other institutions or persons, on the basis of collaboration protocols concluded with the Agency.
(17) the rates are established, changes and updates from the Board of Directors and are approved by order of the normative character of the Director general, with the consent of the Ministry of regional development and public administration.
(18) the proceeds shall be transferred to the account of the national agency open to State Treasury.
(19) the amounts remaining unused at the end of the year from the subsidy granted from the State budget shall be refunded to this budget. The subsidy is not reconciled with their own income, and own revenue remaining unused at the end of the year shall be carried over into the following year.
(20) the national agency can collaborate with Romanian natural and legal persons or foreign, according to law, in order to achieve objectives of common interest, corresponding to its field of activity.
(21) national agency assumes full responsibility in the implementation of cadastre and real estate advertising, financed by loan from the International Bank for reconstruction and development (IBRD), and other international agreements involving non-reimbursable loans or guarantees from the State, assumed national Office of cadastre, Geodesy and Cartography, including the portion taken from the Ministry of Justice.
(22) National Agency will make all necessary arrangements for international loan agreements the amendment aimed at replacing national Office of cadastre, Geodesy and Cartography and the Ministry of Justice with the national agency.
(23) national programme is hereby established for cadastre and land register for the purposes of the registration of real estate in the free integrated cadastre and land register, implementation plan of the real estate cadastre and land books opening to all administrative-territorial units.
(24) the cadastral Plan of the buildings and open land cards according to para. (23) reflects the current technical and legal situation of real estate.
(25) pursuant to the provisions of paragraph 1. (23) and (24), as a result of the referral to the Chamber of notaries public, according to the provisions of article 3. 11(2). (2) (a). g) and art. 12(3). (4) public notaries, certificates of inheritance for successions, respectively nedezbătute enrollment certificate (s) of the holder as the owner, at the request of the person concerned.
(26) the cadastre and the land register referred to in paragraph 1. (23) are approved by decision of the Government.
(27) the national programme for land register and cadastre includes carrying out the necessary actions, and the amounts thereof and consists of activities such as: the cadastral measurements);
b) activities of Geodesy, cartography, surveying, and Photogrammetry;
c) outreach and public awareness;
(d) development and maintenance of the) of computer systems;
e) conversion and land books on the cadastral documentation from analog into digital format;
f) computers and storage;
g) other activities arising from the conduct of the national programme for cadastre and land register.
(28) in order to implement the national programme for cadastre and land register referred to in paragraph 1. (23): a) is organized under the national agency and subordinate units ' functional compartments of systematic registration of real estate, whose duties shall be determined by order of the Director-general of the national agency and aimed, mainly, coordination of the work of systematic recording at the level of administrative-territorial units, as well as at the national level;
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Lit. of paragraphs 1 to 5). (28) article. 9 was amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
b) national agency may employ staff with a contract of employment for a fixed period, with funding from its own revenues. Salaries of employees with a contract of employment for a fixed period is made at the level of salary into paying for similar functions from the national agency or the subordinate units, where applicable.
(c)) shall be determined by job description duties corresponding to the level of training of all personnel engaged in the framework the national agency and subordinate units, in order to carry out specific activities, including the activities of reception and the corresponding national programme on cadastre and land register, regardless of the mode of financing;
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Lit. c) of paragraph 2. (28) article. 9 was introduced by point 7 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
d) personnel employed for the implementation of the national programme as stipulated in (b). b) shall enjoy all the rights laid down in wage nature law, similarly to those previously acquired personnel employed for an indefinite period, with enrolment in the approved budgetary provisions with this destination.
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Lit. d) of paragraph 2. (28) article. 9 was introduced by point 7 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(29) as part of the cadastre and the land register it shall co-finance and systematic recording of works commissioned by the territorial-administrative units.
(30) the value of the fixed rate of cofinancing is 60 lei/land register.
(31) where a systematic cadastral works contracted under the conditions of paragraph 1. (29), administrative-territorial units having a value less than that laid down in paragraph 1. (30), the national agency will refund a fixed amount, which may not exceed the value of the contract.
(32) the payment intended for co-financing referred to in paragraph (31) the national agency, within the limits of the budget approved, subsequent to the completion of the systematic registration of the cadastral sector, according to a procedure laid down by the regulation approved by order of the Director-general of the national agency.
— — — — — — — — —-. (32) article. 9 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(33) the payment referred to in paragraph 1. (29)-(32) are approved by the Board of Directors of the national agency, at the specific request of the administrative territorial unit, with an indication of the amount requested to be settle.
(34) the funds for these papers shall be transferred to the account of administrative-territorial units subsequently setting up land, and books amount to be transferred will be calculated relative to the total number of land cards pursuant to the particular situations referred to in paragraph 1. (30) and (31).
(34 ^ 1) Within the framework of the national programme on cadastre and land register shall be financed in accordance with the law, and the systematic recording of works that will be initiated by administrative-territorial units, involving the sectors of land within the administrative-territorial units, which include real estate from outside town, regardless of the quality of the rightholder, namely the owner, holder of a right in rem over real estate or owner.
— — — — — — — — —-. (34 ^ 1), art. 9 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(34 ^ 2) Notwithstanding the provisions of paragraph 1. (34 ^ 1), the territorial-administrative units where there are garages, land in the administrative-territorial units referred to in paragraph 1, the beneficiary. (34 ^ 1) can embark on systematic recording works at the level of sectors from building cadastral.
— — — — — — — — —-. (34 ^ 2) of art. 9 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(34 ^ 3) Financing the work of systematic registration under paragraph 1. (34 ^ 1 and 34 ^ 2) shall be made by allocating each administrative-territorial units of the Agency's budget, through the National budgets of the territorial offices, within the approved budget and the agreement of the Administrative Board, on the basis of annual financing contract containing clauses relating to procedure including the monitoring of the work of the Agency, through its territorial offices.
— — — — — — — — —-. (34 ^ 3) of art. 9 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(34 ^ 4) The allocation of the sums approved destinations referred to in paragraph 1. (34 ^ 1 and 34 ^ 2) recipient administrative-territorial units is achieved as a result of the approval of the Board of Directors, from a position distinct from transfers from the national budget, the Agency, through its territorial offices and budgets constitute complementary sources of funding for their budgets. The amounts received by administrative-territorial units are distinguished from a position distinct from income in their budgets.
— — — — — — — — —-. (34 ^ 4) art. 9 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(34 ^ 5) National Agency settles record systematic works initiated by the territorial-administrative units under the conditions of paragraph 1. (34 ^ 1 and 34 ^ 2), within the limits laid down in paragraph 1. (30) and (31).
— — — — — — — — —-. (34 ^ 5) of art. 9 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(32 ^ 6) The procedure and method of allocation, and reporting by beneficiaries of the progress of the construction works shall be established by order of regulatory nature of the Director general of the national agency, which will be published in the Official Gazette of Romania, part I).
— — — — — — — — —-. (32 ^ 6) of art. 9 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(32 ^ 7) In order to ensure complementary financing provided for in paragraph 1. (34 ^ 3 and 34 ^ 4), administrative-territorial units it plans start of work on the systematic land registration sector-wide to achieve the completion of land registration and cadastral systematic for each sector, in accordance with paragraph 1. (34 ^ 1 and ^ 2 34) are required to transmit within the territorial offices of which are situated on land sectors, the request to end contract financing within 45 days from the entry into force of the procedure laid down in paragraph 1. (32 ^ 6).
— — — — — — — — —-. (32 ^ 7) of art. 9 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(32 ^ 8) In the five days of the expiry of the period referred to in paragraph 1. (32 ^ 7), territorial offices will notify the territorial-administrative units which have not applied for funding the contract, to require conclusion of a contract within 15 days of receipt of the notification under penalty of loss of funding.
— — — — — — — — —-. (32 ^ 8) art. 9 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(34 ^ 9) Territorial-administrative units which have initiated systematic recording works through collaboration protocols concluded with the national agency, as well as administrative-territorial units included in the cadastre and land register, through procedures initiated by the Agency, shall be exempt from the provisions of paragraph 1. (34 ^ 1 and 34 ^ 2).
— — — — — — — — —-. (34 ^ 9) art. 9 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(34 ^ 10) Systematic recording of works carried out under the conditions of paragraph 1. (34 ^ 1 and 34 ^ 2) shall be made in compliance with the provisions of paragraphs 1 and 2. (7) to (9), as well as the provisions of article 3. 11(2). (2) art. 17.----------. (34 ^ 10) art. 9 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(34 ^ 11) Administrative-territorial units are the beneficiaries of complementary financing provided for in paragraph 1. (34 ^ 1 and ^ 2 34) are required to comply with the legislation in the field of public procurement, in force as regards the Organization of and the procedures for the award of service contracts, compliance with obligations from contracts, financing and how to use the sums allocated from the national budget through the program, according to the destination for which they were allocated.
— — — — — — — — —-. (34 ^ 11) art. 9 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(34 ^ 12) Administrative-territorial units are required to submit beneficiary national agency all the necessary documents and monitoring of funding through the program referred to in paragraph 1. (34 ^ 1 and ^ 2-34) and are responsible for the legality, accuracy and genuineness of the data submitted.
— — — — — — — — —-. (34 ^ 12) art. 9 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(35) the systematic recording of Works commissioned under loan agreement (project on completion of financial assistance granted by the European Union to restructure agriculture) between Romania and the International Bank for reconstruction and development, signed in Bucharest on December 28, 2007 and ratified by law No. 14/2009, as amended, will be financed from the revenues of the national agency.
(36) Repealed.
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Paragraphs 1 and 2. (36) article. 9 was repealed by point 9 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(37) the technical specifications contained in procurement documentation for Geodesy, cartography, Photogrammetry and aerofotografiere shall be certified for compliance with specific regulations by the national agency, prior to the opening of public procurement, under penalty of not starting the work, and the rejection of the application.
— — — — — — — — —-. (37) article. 9 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(38) the technical specifications for achieving systematic cadastral works to obtain property in the land register shall be determined by order of regulatory nature of the Director general of the national agency, published in the Official Gazette of Romania, part I, and contain mainly activities related stages. 11(2). (2).
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Alin. (38) article. 9 was introduced by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
Chapter III the organisation of systematic cadastral works to obtain the land in article 10 (1) systematic Recording of the properties of the integrated system of cadastre and land register is carried out on the basis of measurements necessary for the cadastral plan, which determined the position limits of neighbouring buildings, ex officio, systematically and free of charge, on the basis of the reality on the ground, identified in accordance with article 4. 11(2). (2) (a). e) and (f)), irrespective of the affiliation of the building at a public or private domain of the State or administrative territorial unit or the quality of the owner, possessor or holder holder times precarious; 918 of the civil code. The works measurements shall be performed by any means, graphic, detailed photogrammetric or combined, in carrying out the technical function of the cadastre.
(2) the cadastral Documentation determines the surface land and construction, resulting from the measurements.
(3) within the framework of the economic function of cadastre is necessary technical elements of determining taxable values of buildings or, where applicable, taxes or fees for these buildings.
(4) the function of the cadastre is performed through the identification of owners, owners of buildings and by their inclusion in the technical documents for the purpose of inclusion of cadastral, property in land.
(5) in order to expedite the registration of systematic, and the number of buildings listed in the integrated system of cadastre and land register, national agency, through its territorial offices may open land books, at the level of administrative territorial unit, in electronic format by converting the existing information in the records of the territorial offices relating to rights in rem in respect of which legal formalities were completed by the advertising as well as graphic and textual information of real estate.
— — — — — — — — —-. (5) article. 10 was introduced by the pct, article 11. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(6) Subsequently made pursuant to paragraph 1 the completion of registration. (5) opisul are displayed alphabetically, as well as owners of cadastre.
— — — — — — — — —-. (6) article. 10 was introduced by the pct, article 11. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(7) display of the documents listed in paragraph 1. (6) according to the means provided for the systematic recording, namely through the publication and display, at the central level, the website specially created by the National Agency for this purpose, and challenging them can be done electronically, including special Web site created by the National Agency for this purpose and resolve through the minutes, which shall, pursuant to article disputes. 14. (4).
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Alin. (7) article. 10 was introduced by the pct, article 11. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(8) property rights Holders enrolled in the books open land under the provisions of paragraph 1. (5) a period of one year from the date of opening of the Office of the land, where the cards may require their free update.
— — — — — — — — —-. (8) article. 10 was introduced by the pct, article 11. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(9) The land thus established are books will make appropriate entries relating to the opening of the Office, by converting existing information, as well as about the possibility of correction of errors or update entries where applicable, within a period of one year from the date of opening.
— — — — — — — — —-. (9) article. 10 was introduced by the pct, article 11. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(10) Updating such records can be converted and by opening the Office for land cards upon completion of systematic registration, by playing on the ground reality, according to the provisions of paragraph 1. (1) as a result of completing the stages referred to in article 1. 11(2). (2).
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Alin. (10) of article 1. 10 was introduced by the pct, article 11. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
Article 11 (1) administrative-territorial units and/or, where appropriate, land in which sectors will be satisfied by the systematic registration papers are brought to public knowledge, by order of the Director-general of the national agency, published in the Official Gazette of Romania, part I, in order to inform public authorities and institutions of the Central and local governments, as well as to natural and legal persons who hold rights relating to immovable property with regard to the obligation to provide data and information necessary for the conduct of the real estate registration process, as well as the obligation to all owners of real estate to check the accuracy of this information.
(2) the technical specifications for achieving systematic cadastral works to obtain property in the land register shall be approved by order of the normative character of the Director general of the national agency, which will be published in the Official Gazette of Romania, part I, and comprises, mainly, the following stages: a) to the respective owners notice to holders and other stakeholders through a public information campaign organised at national and local levels, with regard to the work of the systematic recording, as well as with regard to the procedure for development, benefits, rights and obligations of any systematic recording works of properties;
b) identification of the limits of administrative-territorial units;
c) establishing cadastral sectors;
(d) integration of the person) authorized to perform cadastral works of all technical and legal information taken from territorial Office, authorities and public institutions or from other individuals and legal entities;
(e) identification of locations of buildings) within the sectors of land;
f identification of the holders of rights in rem) and owners, as well as fetching, if the entry does not exist in the archive or territorial Office of the local government authority or the issuer thereof, by the authorized person who performs the work of systematic recording of acts in the original or a certified copy thereof;
g) referral to the Chamber of notaries of the territorial Office, in the case of succession nedezbătute, with a view to apportioning the inheritance case public notary;
h) updating of the information collected on the ground with those of sporadic registration and cadastral technical documents;
I) technical documents reception staff cadastral specialist named in the application of the provisions of article 3. 9 para. (28);
j) publication, for information purposes, with at least 5 days before the show, prior to the announcement regarding the public display of technical documents of the cadastre, in a newspaper of wide circulation, in a local newspaper, at the headquarters of the local Council, the website of the local government, as well as the Agency's National belonging;
k) publication and display, at the central level, the website specially created by the National Agency for this purpose, as well as locally, at the headquarters of the local Council or in another place desginated for that purpose by the Mayor of the administrative territorial unit, on the website of the local government authority of cadastral technical documents;
l) lodgement of documents correcting the cadastre, including in relation to disputes concerning the quality of owner, can be done electronically, including special Web site created by the National Agency for this purpose;
m) modification of an technical documents, following the resolution of requests for the correction, and update the record of registration in accordance with the work in the cadastre and the land register made the request during the show;
n) systematic closure of cadastral works to obtain the land registry;
opening a new land cards);
p) closure of old records, by order of the Director-general of the national agency, which will be published in the Official Gazette of Romania, part I;
q) making available to interested persons in accordance with the entries in the land register extracts from land book for information issued without being signed by territorial Office, which are automatically generated by the integrated information system of cadastre and land register, and extract the new cadastral plan, through administrative and territorial unit for analog format documents, or by accessing the service intended for this operation of the website specifically created for this purpose the national agency;
r) archiving of the documents underlying the work of surveying and registration in the land registry;
s) issue by the notary public, at the request of the owners of buildings which have undergone systematic registration, within two years, but no earlier than 90 days from the date of the opening of the land books, certificate for entry in the land register holders like owners.
(3) technical work surveying is carried out using the limits of administrative-territorial units and intravilanelor integrated system limits for cadastre and land register.
(4) the limits of administrative-territorial units shall be identified, marked, corrected times updated by Commission of delimitation called for this purpose by order of the prefect.
(5) the boundaries mutually recognized by representatives of administrative-territorial units are described and represented in the record delimiter that contains and coordinates inventory points that define these limits, as determined in the national system of projection. After signing and stamping the minute of delimitation and all annexes of the Delimitation Commission members and approval by the prefect, limits become official and shall be entered in the integrated system of cadastre and land register.
(6) Appeals concerning the administrative-territorial units ' administrative limits can be resolved amicably through mediation by the Prefect's institution or judicial process.
(7) mediation by the Prefect's institution is completed by signing and stamping the minute of delimitation, as well as all annexes, by the members of the Commission of delimitation.
(8) where the boundaries are disputed, until the final settlement of the dispute, you can use the integrated system of cadastre and land register, used by the territorial offices of the cadastral documentation and receipt for entry in the land register. If there are differences between managed territorial offices of neighbouring counties, until the resolution of the dispute, the National Agency shall decide on the limit that is used.
(9) establish limits Later territorial-administrative units, they can be corrected, updated or modified, as appropriate.
(10) Updating the limits is the operation technique through which the boundary between two administrative-territorial units is changing on a limited portion, on the basis of the Commission's delimitation agreement.
(11) the update of the limits of administrative-territorial units of the integrated system of cadastre and land register is carried out exclusively on the basis of the measurements in the field.
(12) the Commission shall update the boundaries, delimitation, commonly called by order of the prefect, draw up a new protocol for marking similar to that laid down in paragraph 1. (5). The same procedure is used and where it is necessary to update the limits as a result of its restitution, by Protocol signed by dividing Boundary Commission, named by order of the prefect.
(13) if the administrative-territorial units are located in different counties, the delimitation is signed and stamped by the delimitation called by order of the prefects of the two counties and approved by them.
(14) the correction of errors of identification of the limits is the operation technique through which is achieved consistent implementation of existing limits in the coordinates integrated cadastral system of the national agency with the legal limit and in the field, initially of delimitation Commission based ortofotoplan.
(15) the correction mentioned in paragraph 1. (14) shall be carried out exclusively by making measurements at ground by territorial Office to identify and find these errors and limits of integration only where old sections are clearly identified on the ground. In a situation where there are no clearly identified sections, proceed to updating the limits under the procedure governed by paragraph 1. (11) to (13).
(16) the limits of administrative-territorial units are displayed on the Romanian and geoportalul INSPIRE are used in the activity of public authorities and institutions of the Central and local governments.
(17) the modification of the territorial limits of administrative-territorial units concerns the establishment, reorganization or re-establishing, as appropriate, of the administrative-territorial units, which are organised according to the law.
(18) specialized Works established by order of regulatory nature of the Director general of the national agency can be executed and by persons authorized for this purpose: a) the speciality of the Mayor;
b) at the level of County structures with legal personality of associative structures of local public administration authorities, recognised as being of public utility;
(c)) of the National Center of Cartography.
(19) In the framework of the work of systematic registration in the land register and land registry, technical and legal situation of buildings previously recorded in cadastral and topographical plan or in the land register shall be amended in accordance with the current technical-juridical situation, identified by measurements and legal paperwork collected.
(20) in connection with carrying out the work of systematic registration of buildings for which they were issued equity instruments according to the laws of restitution of land property, whether at the level of tarlale is found to be deficient, the surface area of each building of that Dave diminishes in proportion to the surface area of the title property. Subsequently completing land inventory procedures provided for by law No. 165/2013 on measures to complete the process of restitution in kind or through equivalent of real estate taken improperly during the period of the Communist regime in Romania, with subsequent amendments and additions, will proceed, at the request of the owner, the assignment of surface difference, according to the law.
(21) the difference in land area referred to in paragraph 1. (20) will be given from the land that may be subject to refund in nature within the limits of available funds from the administrative-territorial unit carrying out systematic registration, and where there are no longer available, commissions are empowered under the laws of restitution of property shall have the option to propose and establish the granting of compensatory measures, in accordance with the law.
(22) in the case of buildings previously recorded in the cadastre and the land register, the surface will not change under the terms of paragraph 1. (20) if it does not exceed the area included in the title of the property. In the event that the level of administrative territorial unit is found to be deficient in the surface, the surface of the buildings listed in the integrated system of cadastre and land register will diminish to the surface of the title property.
(^ 1) In the case of real estate, i.e. with or without construction land located in the area, which have been subject to the laws of the Land Fund, whether or not previously recorded in the integrated system and are fenced or otherwise, to the extent that there is a deficiency in the sector prompted and cannot determine the locations and areas of land, it will set up a land register securities ownership in the cadastral , the score and other real rights established on the property.
— — — — — — — — —-. (^ 1), art. 11 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(22 ^ 2) Pursuant to the provisions of paragraph 1. (^ 1), the authorized person shall identify the limits of the sectors which are determined by the Cadastral Agency as follows:
to carry out measuring works) of the registry is determined, with an indication of the limits of its stable over time and the situation in the cadastral plan if sporadic registration;
b) check and retrieves information from the integrated system for books in open land area involved;
c) identifies the locations of buildings in the sector for which there were no open land, based on the books of securities ownership and limits indicated by the holder, of the representative of the local government authority and to other interested persons;
d) If, on the basis of the verification on the ground, are property rights holders agree to locations with low and corrected areas and proposed by the authorized person, on the basis of measurements, it would take note of the agreement of the owners in the sector, on the basis of their statements contained in the stock records of the interview and the holders of proprietary rights. Otherwise, the authorized person is completing the documentation of the entire land sector in which it is located, which will allocate one cadastral number, and underpins the establishment of securities book land ownership in the sector, indicating the property owners, as well as the opening of the land books, in which individual derivatives are enrolled right holders in the sector.
— — — — — — — — —-. (22 ^ 2) of art. 11 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(^ 3) Land Securities property sector will include the inclusion in part I of the surface of land identified in accordance with the measurements, and in part II of the property owners.
— — — — — — — — —-. (22 ^ 3) of art. 11 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(22 ^ 4) Holders of proprietary rights shall be entered in the books of individual land derived from land securities property sector, stating the holder's right of ownership parcels of property.
— — — — — — — — —-. (22 ^ 4) art. 11 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(22 ^ 5) Updating individual land books derived from land securities property sector with the geometry of individual buildings can be achieved on the basis of unanimous agreement of the owners regarding the recognition of limits and locations, as well as of the surface buildings, and in the absence of unanimous agreement, on the basis of a final court ruling.
— — — — — — — — —-. (22 ^ 5) of art. 11 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(22 ^ 6) The owner entered in the land register individual derived from land securities property sector may exercise his right of free ownership powers under the law in the land register.
— — — — — — — — —-. (22 ^ 6) of art. 11 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(22 ^ 7) The provisions of paragraphs 1 and 2. (22 ^ 1 ^ 22 6) are applicable and sporadic registration, in which case the land opens at the request of any owner in the sector in which the titles were issued, and the technical details relating to the method of establishing the cadastral documentation shall be established by the regulation approved by order of the Director-general of the national agency.
— — — — — — — — —-. (22 ^ 7) of art. 11 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(22 ^ 8) In the case of agricultural land which is subject to the provisions of law No. 36/1991 agricultural companies and other forms of Association in agriculture, with subsequent amendments, are hereby established land registry of titles of ownership in the sector, with corresponding notation in part II of the supply of agricultural land in favour of the entity thus established, pursuant to the provisions of article 3. 31-33 of the law nr. civil code 287/2009, republished, with subsequent amendments.
— — — — — — — — —-. (22 ^ 8) art. 11 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(22 ^ 9) The provisions of paragraphs 1 and 2. (22 ^ 8) are applicable to leased agricultural land according to the provisions of law No. 287/2009, republished, with subsequent amendments, in which case it shall be noted in the land lease on the property.
— — — — — — — — —-. (22 ^ 9) art. 11 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(10 ^ 22) In the case of immovables entered on the books of land whose owners have as landlords or covered by law No. 36/1991, as amended, the provisions concerning the opening of the book land securities property sector shall apply correspondingly, arendaşul or legal entity to apply for opening this book land.
— — — — — — — — —-. (10 ^ 22) of art. 11 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(22 ^ 11) Pursuant to the provisions of law No. 287/2009, republished, with subsequent amendments, relating to mandatory compliance with special legal regime applicable to certain categories of real estate, land alienation of real estate books thus established shall be made in compliance with the legal limits established by special legislation, as regards compliance with special destination of land and right of pre-emption.
— — — — — — — — —-. (22 ^ 11) art. 11 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(23) To enroll in the technical documents in the land register and cadastre is sufficient proof of the presentation of the last rights in rem relating to property in question.
(24) in the context of the work of systematic registration shall be entered in the land register areas resulting from the measurements.
Article 12 (1) the Technical Documents shall be prepared for each survey sector cadastral and highlights the facts ascertained by the authorized person who performs the work of systematic registration and registration of ex-officio basis of real estate cadastre records and in the land registry.
Technical documents are: a) the cadastral plan;
b) Cadastre of real estates;
c) opisul rights holders of the alphabetic property of holders and other holders.
(2) public authorities and the Central and local institutions have an obligation to make available to the national agency, free of charge, data, information, and certified copies of documents relating to specific areas of information activity, for systematic cadastral works to obtain the land.
(3) the Mayor of the administrative territorial unit in the workings of the cadastre shall be obliged to notify the holders of real estate, through the display and through other advertising means, regarding their obligation, as follows: a) to allow specialists to perform measurements;
b) submitting legal documents relating to immovable property;
c) to identify the boundaries of the property along with the teams carrying out the works;
d) to verify the information relating to the properties they own in the stage of publishing the cadastral technical documents.
(4) for the purpose of carrying out the work of systematic surveying, recording Secretary of the administrative and territorial unit shall communicate, within a period of 30 days from the date of death of a person, the Chamber of notaries in territorial constituency of which deceased had last place a referral for the opening of the inheritance, which will include: a) name, surname and personal code of the deceased;
b) date of death, in the format day, month, year;
(c)) date of birth in the format day, month, year;
(d) the last place of residence);
e movable or immovable) of the deceased registered in tax records, or, where applicable, in agricultural register;
f) data format possible, qualify as legal heirs name, surname and address of the referenced citations.
(5) the right provided for in paragraph 1. (4) may be delegated by the Secretary of the Town Hall of one of the officers of the civil status Act.
(6) the Mayor will track the performance of these duties by the Town Hall Secretary or, where appropriate, the civil status officer delegate and will apply the appropriate disciplinary sanctions.
(7) non-fulfilment of duties referred to in paragraph 1. (4) the disciplinary sanction and draws the person responsible for the contravention.
(8) If the owners, holders or other persons, does not appear, identifying the boundaries of real estate will be made in their absence. The Mayor of the administrative territorial unit, through the bins of specialized apparatus thereof, shall issue certificates and provide free teams achieving systematic cadastral Works database and the information contained in the register: (a) agricultural);
b) nominal role unique register;
c) Street nomenclature;
d) lists the following data: name, surname, personal identity code or, where appropriate, tax identification number, address, place of residence for individuals, the name, address and fiscal registration code or, where appropriate, the unique code in the case of legal persons;
e) any further information and records that might be necessary for systematic cadastral work in view of the land.
(9) the authorized person who performs the work of systematic registration and at least one representative of the administrative and territorial unit shall identify the owners, holders or other persons and shall draw up technical documentation.
— — — — — — — — —-. (9) article. 12 was changed from point 13 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(9 ^ 1) Verification activity and reception of works of systematic registration and technical documents referred to in paragraph 1. (1) shall be made by the Commission in the territorial Office, composed of specialized personnel, called by decision of the Director of the Office. Checking and reception can be done in stages and sectors before completion of cadastral works for systematic recording at the level of administrative territorial unit.
— — — — — — — — —-. (9 ^ 1), art. 12 was introduced by the pct, article 14. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(9 ^ 2) Activity and verification referred to in paragraph 1. (9 ^ 1) can be outsourced through an exception to the provisions of article 4. 6 paragraph 1. (2) by contacting the specialized services in accordance with the law.
— — — — — — — — —-. (9 ^ 2) of art. 12 was introduced by the pct, article 14. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(10 ^ 3) After the reception, to be made known to the public, technical documents referred to in paragraph 1. (1) to be integrated in the system and are: (a)) transmitted by the territorial Office of the authority of local public administration for the purpose of public display, according to art. 14. (1) by publication on its own page of its Web site, as well as at the headquarters of the local government concerned. Announcement on public display of technical documents shall be published in a newspaper of wide circulation, in a local newspaper, as well as other means of communication;
b) is displayed on the website which has been specially created for this purpose by the national agency, single nationwide.
— — — — — — — — —-. (10 ^ 3) of art. 12 was introduced by the pct, article 14. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(10) the persons concerned have full access to consult technical documents displayed pursuant to paragraph 1. (9) (11) the authorized person who performs the work of surveying, which consists in identifying and measuring real estate, takes over an authenticated copy of the documents, processing the data obtained and draw up the technical documents for each sector in the cadastral side. Notarized copies of the documents will retrieve only if they do not exist in the archive or territorial Office of the local government authority or the issuer thereof. These entities are required to the issue of free documents or of copies of certificates on them no later than 30 working days of the date of registration of the application to the person authorised.
(12) the representatives of public authorities and institutions, public corporations and autonomous ai companies partially owned by the State, as well as other entities holding land under management, owned by the Romanian State or administrative territorial units, have the obligation to participate in the identification and measurement of the buildings concerned.
(13) the Mayor, administrative-territorial unit through the bins of specialized apparatus thereof, identify the owners, holders and other holders of the property and provides the necessary information and records held by the municipality, through the issue of certificates or any other document necessary for systematic cadastral work.
(14) the Mayor will countersign cadastral technical documents, prior to their receipt and verification by specialist personnel, in accordance with paragraph 1. (9) the veracity of the information regarding the immovable property and the owners, holders, respectively, that other bondholders have been supplied by it. The countersignature cadastral technical documents has as a consequence the appropriation of all data relating to lands and buildings, and the Elimination of administrative procedures for issuing certificates of confirmation, such as: tax certificate, certificate of legal and technical situation of structures, the certificate referred to in article. 13(2). (1) (a). (b)) and the like.
(15) the countersignature by the Mayor technical documents or appointee may be effected by the issue of a certificate, and confirming the appropriation by the local public authority representative of the information contained in the technical documentation of the cadastre.
(16) where the technical documents have not been counter-signed by means of the procedure of tacit approval, construction will be entered in the land register on the basis of documents of title, or of the legal and technical situation reflected in technical documents drawn up as a result of the identification made pursuant to art. 11(2). (2) (a). f) and uncontested during the public display or in respect of which a request for rectification has been rejected. The situation reflected by technical documents are deemed to be in compliance with the technical and legal situation, actual evidence to the contrary.
(17) the inclusion of construction in land register, the systematic registration process according to the present law, shall not prevent the competent authorities to apply the penalties provided for by law as regards discipline in construction and serves as a basis for determining and calculating the fees and taxes due under the law.
(18) issue all necessary acts and countersignature by the cadastral technical documents, through the bins of the apparatus, shall be made within 30 days of the registration request.
(19) the Inspector verifies the cadastral land works executed by persons authorised.
(20) for individuals, the lists referred to in paragraph 1. (8) (a). d) shall ensure that the public services the local community of individuals, at the request of the mayors.
Article 13 (1) in the case of buildings covered by the systematic registration, in the absence of supporting documents of ownership in technical documents will score the possession of real estate, in fact on the basis of identification carried out by the persons referred to in article 21. 12(3). (9) with the opportunity to carry out measurements and provided the following documents: presentation of) data sheet property signed by the owner of the property and the person authorized to carry out systematic registration works;
b) retrofitting of local public administration authorities, certifying that: (i) the holder is known to hold the property under the name of owner;
(ii) the property is not part of the public domain or has not been entered in the records as being in the private sector of the State or administrative territorial units.
(2) the provisions of paragraphs 1 and 2. (1) are applicable to buildings which were including recorded in the cadastre and land register, in the regions where they were applied the provisions of Decree-Law No. 115/1938 provisions for unification on the land books, published in the Official Gazette of Romania, part I, no. 95 of 27 April 1938, repealed the law on cadastre and real estate advertising nr. 7/1996, where the owners are not identified on the occasion of the completion of the interviews, however, are identified in the areas of real estate owners, former necooperativizate, and buildings situated in localities that have been subject to the laws of restitution of land property.
(3) Possession of technical documents shall indicate the fact according to the preceding paragraphs shall be noted in the books open land as a result of systematic registration.
(4) in the case of buildings located in the outskirts of areas which have not been subjected to the application of the laws of the Land Fund, the procedure for issuing the certificate referred to in paragraph 1. (8) is not applicable.
(5) possession of land and noted in the legal effects thereof may be acquired under legal acts between vineyards, a. or constituents, concluded in authentic form, including through measures of execution or for cause of death, which shall be noted in the land.
(6) the last owner noted in the land will benefit from his tabulation of the property law, ex officio, at the expiry of 3 years, under the conditions laid down in paragraph 1. (7) as a result of previous posesiilor thoracolombar junction are its possession.
(7) in all cases in which it was noted in the land possession was not issued and the certificate referred to in paragraph 1. (8) the right of ownership will be tabulated at a later date, under the following conditions;
to the ex officio) fulfillment of a period of 3 years from the time of the comment in the land, if it has not been noted any dispute through which disputes the entries made in the land register. In this case, by way of derogation from the rules regarding the right of adverse possession, property shall be considered acquired by operation of law or from the date of fulfilment of this period, without any other justification or procedure;
b) at the request of the holder, as referred to in paragraph 1. (1) or his successors on the basis of property as a result of acquiring property right through any of the ways provided for by law.
(8) upon a period of 90 days from the date of the opening of substantive land cards, owners of buildings situated in localities, enrolled in the books of the land under the terms of paragraph 1. (3) Member States may request the competent notary public to issue the certificate of enrolment of the possessor as owner. Issue of the certificate of the notary public is based on the following documents: (a) the land register excerpt) for information;
b) statutory declaration of holder, given in authentic form, by which it declares that: (i) possess the property under the name of owner;
(ii) is married; where is survived by his wife, will say, and matrimonial property regime;
(iii) not alienated or encumbered property;
(iv) the building was taken out of the legal circuit;
(v) the property is not subject to any dispute;
(vi) property is held or not on the shares; where property is held on the shares, all owners will declare the extent of trading;
(vii) proof of possession of the entry originates from the signatory parties; where there is supporting will declare enrolled, that does not have and is not aware of the existence of such enrolled;
(c) proof of possession) entry, regardless of the form in which it is drawn, if any;
d) copy of identification and civil status.
(9) The certificate referred to in paragraph 1 shall be based. (8) at the request of the party concerned, the preparation of ownership in the land register.
(10) where the request has been made for the correction of technical documents relating to disputes over the quality of owner, noted in the land, and the subsequent establishment of the book land was designated a civil action challenging this qualities, procedure for issuing the certificate referred to in paragraph 1. (8) is not applicable. In this case, until the final settlement of disputes, in possession of the land remains noted.
(11) the holders of buildings covered by the systematic registration, as well as issuers of documents made available in order to draw up the technical documents referred to in article 1. 12(3). (1) responsible for the legality, reliability and accuracy of the information contained therein, in accordance with the law.
(12) the territorial Office Employees do not respond in relation to the first systematic registration of real estate in the integrated system of cadastre and land register.
(13) the provisions of paragraphs 1 and 2. (1), (4), (8), (10) and (11) shall not apply to buildings of the State or administrative territorial unit, which are part of the legal basis provided by law.
(14) where, during the carry out cadastral measurements relating to immovable property situated within the built-up area, which have been subject to the laws of the Land Fund, it is found that the area from measurements is larger than the area of the property, the difference of land remains at the disposal of the Commission for the establishment of the right of ownership of land, in which case it will inscribe a provisional ownership in favour of the administrative territorial unit.
(15) in the case of buildings whose owners, holders or other detentori precari, as defined in article 1. 918 of the civil code, cannot be identified with the opportunity of carrying out ex officio registration works, and in the absence of the documents referred to in paragraph 1. (1) with regard to the quality of owner, the ownership is going to enroll provisionally in favour of administrative-territorial units. In this case, the right of ownership will be tabulated later at the request of the holder of the right of ownership of the property, on the basis of documentation which will include: (a) identification of the real estate in the plane) land, in order to certify that the property from the property deed corresponds to that of the plan;
b) Act entitlement;
c) certificate stating that the property is registered in the tax records, or, where applicable, in agricultural register, issued by the Mayor of the administrative territorial unit where the building is located.
Article 14 (1) the Technical Documents for each sector, is displayed through the cadastral care territorial Office, pursuant to article. 11(2). (2) (a). k). In the regions of transcripţiuni and inscripţiuni estate holders in the old tasks are entered in the registers of real estate advertising will request their transcript in land books, within 60 days of the show. Through tasks means mortgages, privileges, somaţiile, sechestrele, disputes and any legal acts listed in the old records of real estate advertising.
(2) Requests for the correction of technical documents of the cadastre shall formulate, within 60 days after the date of posting, and be accompanied by supporting documents. The Commission for the resolution of requests for the correction of the territorial Office, named by decision of the Director of the Office, during applications solves display publicly, but no later than 60 days after the end of the display period, in accordance with a procedure laid down by the regulation approved by order of the normative character of the Director general of the National Agency *).
— — — — — — — — —-. (2) of article 9. 14 was modified by point 15 of article 2. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(3) following the resolution of requests for the correction of technical documents of the cadastre shall issue a report, which will be subject to the conditions of the Civil Procedure Code.
(3 ^ 1) The situation of real estate cadastre and legal, including cadastral plan is updated as a result of the resolution of requests for the correction, according to the law, upon request or ex officio.
— — — — — — — — —-. (3 ^ 1), art. 14 was introduced by paragraph 16 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(4) the minutes referred to in paragraph 1. (3) may be challenged with the complaint to the Court of the territory of the building within 15 days of the notice. The provisions of article 31 para. (3) and (4) concerning the procedure for submission and registration of the complaint, shall apply accordingly.
(5) Entries in the new land book is carried out ex officio, on the basis of integrated cadastre technical documents in the system registry for each sector separately, under art. 14. (1) and, where appropriate, adjusted according to art. 11(2). (2) (a). m), according to a regulation approved by order of the Director-general of the national agency, published in the Official Gazette of Romania, part I. Director-general of the national agency may issue instructions regarding how to work with the work of systematic registration.
— — — — — — — — —-. (5) article. 14 was modified by point 15 of article 2. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(6) the inclusion referred to in paragraph 1. (5) represents the first record of the integrated system of real estate cadastre and land register, hereinafter referred to as the first systematic recording, resulting as a consequence of the completion of the registration procedure, and can be included in the estate: a) that have not been previously recorded;
b) entered in the land register records, regardless of whether the registry and legal situation has been updated or not.
(7) the amendment of the first systematic recordings may be made ex officio, on the basis of a report, where it does not affect the rights of the parties.
(8) the effect of incorporation of rights with respect to an estate having been the subject of systematic registration operates from the date of the first subsequent enrollments based on legal acts constitutive of rights in rem or a. concluded after the opening of the Office of the land books, for all the administrative-territorial unit.
(9) during the period for carrying out systematic registration, as well as technical documents and subsequent integration into the system until the completion of settlement of claims for rectification, the books of real estate land located within the administrative-territorial unit in question will of course mention the fact that they are the subject of the national programme for cadastre and land register.
— — — — — — — — —-. (9) article. 14 was modified by point 15 of article 2. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(9 ^ 1) In the event that the systematic registration cannot identify personal numeric codes, i.e. unique codes for registration of certain rights over the property, receiving technical documents, and in part II of the book land will be singled out with regard to the lack of personal identity code, namely the lack of unique registration code.
— — — — — — — — —-. (9 ^ 1), art. 14 was introduced by the pct, article 17. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(9 ^ 2) At a later stage the establishment of the Office of the land, the books of documents available on the real estate it is mandatory that the legal document to mention social security, namely the registration code of the holder of the property right.
— — — — — — — — —-. (9 ^ 2) of art. 14 was introduced by the pct, article 17. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(10 ^ 3) Particulars relating to the lack of personal identity code or registration code of the owner entered in the land register can be updated at the request of the person concerned, by presenting official required by law.
— — — — — — — — —-. (10 ^ 3) of art. 14 was introduced by the pct, article 17. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(9 ^ 4) Books open land as a result of the first systematic records will indicate that based on systematic works, as well as their date of completion, the model established by the regulation approved by order of the normative character of the Director general of the National Agency *).
— — — — — — — — —-. (9 ^ 4) art. 14 was introduced by the pct, article 17. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(10) a description of the technical documents of real estate cadastre constitutes a way of bringing into line the technical situation of the real estate with the legal situation contained in the legal acts. In case of discrepancy, the prevailing situation following the identified technical measurements. From the date of the establishment of the Office of land cadastral registers any books and real estate advertising earlier achievement of systematic registration loses its validity.
(11) the responsibility for the correctness of technical documents for cadastre and their correspondence to reality on the ground, as well as to identify the limits of buildings according to the legal documents made available by person holders authorized to execute the works.
Article 15 (1) from the date of the opening of the land books, workbooks, books transcripţiuni and inscripţiuni land and any other records of cadastre and real estate advertising shall replace, for the sectors concerned with cadastral plan cadastral and land new cards. Old records are kept in the archives of the Office of territorial and can be consulted for history. Identification and numbering of buildings included in the debt instruments issued on the basis of the laws of the Land Fund or similar property, plans and other cadastral registers and advertising real estate cadastre and earlier realisation of opening new land cards lose validity.
(2) the tasks which are off by expiry or for any other reason will not be entered in the land registry books, and if you have signed up, they will be removed at the request of the owner of the property, any person concerned or ex officio.
(3) in the case of immovables entered in the land register as a result of the completion of the work of systematic registration on administrative-territorial unit in question, proof of ownership is made with the extract of the land register. Proof of the delimitation of a building compared to other buildings is only made with the extract of the cadastral plan.
Article 16 of the real estate cadastre and cadastral plan underlying the completeness or, where appropriate, the drawing up of the books of its own land, the completion of cadastral measurements at the level of the sectors of land. A copy of the cadastral plans and registers shall be free of administrative-territorial units.
Article 17 the national agency and the subordinated territorial offices are required to provide, upon request, the authorized organs required value records.
Article 18 Completion, modernization and maintenance of the restoration of the national geodetic network necessary for the drawing up and keeping up to date on the cadastral plans and topographical maps are carried out under the coordination of the national agency.
Article 19 territorial Office advises and controls the receive, where appropriate, geodesy, topography, cadastre and cartography.
Article 20 notification mode, verification and specialised works in the fields of cadastre, geodesy, topography and cartography is established by the regulation approved by order of the Director-general of the national agency, in consultation with the Professional Union set up by special law.
Title II chapter 1 Advertising real estate cadastre and legal Records Article 21 (1) real estate Advertising based on the system of land registration records of the entry in the land register of legal acts and facts relating to the buildings of the same administrative-territorial unit, for the purpose of transmitting or the establishment of rights in rem in immovable property or, as the case may be, of the enforceability against third parties of such registrations.
(2) real estate Advertising is carried out by the offices of cadastre and real estate advertising for real estate located within range of their activity.
(3) land Cards drawn and numbered each administrative territory settlements make up together, the cadastre register of this territory, which is held by the territorial Office within the territorial Office in whose territorial RADIUS is located the building concerned.
(4) the register shall be the register entry with wide, cadastre plan, with the cadastre of real estates, indicating the number of real estate cadastre and the serial number of the books in the same land, with an alphabetical index of the owners and with a folder in which to store applications, together with a copy of the records of certification of legal acts or facts subject to registration.
Article 22 (1) the real estate advertising in the context of territorial offices is met by registrars of the land register, hereinafter referred to as registrars appointed by order of the Director-general of the national agency, following a contest organised by it. Assistants-performing registrars entries in the land register on the basis of the provisions of the data registers, issuing statements and certificates of land register and fulfil other duties laid down in the specific rules.
(2) the number of registrars for each territorial Office shall be determined by order of the Director-general of the national agency.
(3) within the framework of territorial offices, real estate advertising activity is the responsibility of a Chief Registrar, and within the territorial offices, under the responsibility of a Registrar, appointed by order of the Director-general of the national agency, as a result of a contest.
(4) the Registrar may be called a person who performs the following cumulative conditions: (a) Romanian citizenship) and has the ability of civil rights;
b) is licensed in law;
c) does not have a criminal record;
d) enjoys a good reputation;
e) knows the language Romanian;
f) is apt in terms of healthcare for commanders;
g) has performed for five years the post of Assistant-Registrar or exercised for three years the post of notary public, judge, Prosecutor, lawyer, a legal adviser or other specialist legal function.
(5) the length of the function of Registrar of land book respectively as principal Assistant Registrar-constitute the legal specialist, provided that the person concerned should have higher education legal specialty.
(6) until the date of organization of the contest may be appointed registrars within real estate advertising services employees who, while not fulfilling the conditions of studies, have at least 5 years of experience in real estate advertising.
(7) the Registrar shall be responsible for its work, in accordance with the law, being professionally subordinate to the Chief Registrar.
(8) the national agency Employees and subordinate units are forbidden to investigate cases where the beneficiaries are themselves or a spouse, family members or relatives up to the third degree inclusive, legal entities to which they or one of the said persons possess the status of shareholders, members, directors or trustees, and the causes that they previously produced by the documentation of acquiring quality employee of the institution authorized individuals, of which I am the spouse, relative or Bilberry up to the third degree inclusive with these times of legal entities authorized to which they, or one of the said persons possess the status of shareholders, members, directors or administrators.
(9) where the hotel is situated in one of the situations referred to in paragraph 1. (8), the employee is obliged to refrain and to notify immediately in writing, directing, allocating work to another person.
(10) the national agency Employees and units subordinate to them is not allowed to run as individuals or judicial experts, specialized works of the kind referred to in article 1. 4A. the a and b)).
(11) within the National Directorate of real estate advertising works, which organizes, coordinates and controls the activity of real estate advertising within territorial offices to comply with applicable laws and regulations.
(12) in exercising the functions of coordination and control, Directorate of advertising executives and real estate cadastre Directorate issued binding decisions whose failure to attract staff from the national agency and subordinate institutions, involved in the settlement of reception and application of disciplinary sanctions prescribed in the regulations.
(13) on the basis of the Protocol of cooperation on how to carry out the operations of real estate advertising and eventual unification of working procedures, the national agency and the National Union of notaries public from Romania organizes regular workshops whose solutions, recorded in the minutes of the meeting, the issue underlying the decisions referred to in paragraph 1. (12). Article 23 the land consists of title, indicating its number and name of the city in which the property is situated, as well as from 3 parts: part I, regarding the description property, which will contain: a) the serial number and at the cadastre;
b) declining area real estate, cadastral, destination, administrative address, categories of use and, where necessary, the construction industry. Removing temporary and definitive aside of real estate located in the approved law is done by the building permit.
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Lit. item b) Of art. amended 23 of point 18 of the art. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(c) a description of the plan with real estate) real estate constitutes annex II to part I of the book land, established according to the rules approved by order of the normative character of the Director general of the national agency, which will be published in the Official Gazette of Romania, part I;
B. part II, relating to the particulars concerning the right of ownership and other real rights, comprising: a) name or business name and owner of the holder of the right in rem in respect of the building, where appropriate;
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Lit. to point B) of art. 23 has been amended pct, article 19. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(b) the Act or fact) which constitute the legal title of the property, as well as a reference to the official's this right;
c) population transfer of property;
d) right of concession, right and right of use free of charge, corresponding to public property;
e in servituţile) the benefit of the real estate;
f) personal rights legal deeds or other legal relations, as well as actions concerning property;
g) break-up proposal reception times Mikoto and its rejection, refusal of reception and/or registration in the case of real estate with land register;
h) obligation not to do; disposal bans, encumbering, hire, dismantling, demolition, construction, land consolidation, restructuring and planning;
I) clause of non-alienable character of the property, according to art. 628 paragraph 4. (2) of the civil code and the insesizabilitate clause, under art. 2,329 para. (3) of the civil code;
j) any changes, îndreptări or scraps what it would do in the title, in part I or II of the land with respect to entries made therein;
C. part III relating to the particulars concerning the dismemberments of ownership, real rights and duties, which will include: a) the right of superficies, usufruct, use, the main task of the Fund, he served in servituţile, mortgage and real estate, as well as privileges, leases and assignment of receivables;
b) personal rights legal deeds or other legal relations, as well as actions concerning rights in rem entered in this part;
c) seizure, tracing his property or income;
d) any changes, îndreptări or scraps what it would do about entries in this part.
Article 24 (1) Entries in the land register are: provisional registration and tabulation of the notation.
(2) cases, conditions and legal status of these registrations are laid down in the civil code, and the procedure for entry in the land register, of this law and the regulations approved by order of the normative character of the Director general of the national agency.
(3) the right of ownership and other real rights over an estate shall be entered in the land register on the basis of official notarial or authentic certificate of inheritance, completed by a notary public in Romania, according to the judgement of the remaining final and irrevocable or on the basis of an act issued by the administrative authorities, in cases where the law so provides, which have been validly passed times.
(4) rights in rem in immovable property and pledge to conclude a contract involving the ownership of the property or any other right in connection with this, inscribed on the basis of legal acts in which the parties have stipulated cancellation or annulment based on pacts comisorii, it radiates on the basis of: (a) in authentic form) declarations of the parties;
b) conclusion certification facts, by which the notary public ascertains the performance of compact comisoriu, at the request of the party concerned;
c) judgments.
Article 25 (1) Owners of immovable property, leading to a better exploitation of them, can they link in a building, on the basis of the cadastral documentation and authentic instrument drawn up in accordance with the law.
(2) acts of annexation and detachment of the immovables entered in the land register ends in authentic form.
Article 26 (1) If a building with construction-condominium-of which some parts are common to the indivize and the rest are individual, it shall maintain a collective land register for the entire building, and a land register for each individual property vouchers which can be represented from apartments or spaces with another destination than the dwelling; through assimilation, can be defined and a condominium unit with one or more of the building's stairs, the conditions under which it can delineate property.
(2) the right of common ownership forced and perpetual common parts of a building is recovered only together with the exclusive property right which carry it, or any part of it.
(3) *) Through an exception to the provisions of paragraph 1. (2) and notwithstanding the provisions of article 5. 39 of law No. 230/2007 on the establishment, organization and functioning of associations of owners, with subsequent amendments and additions, the cessation of use intended use for the common parts of buildings with several floors or apartments may decide, by a majority, and the reasons of the truthfulness of two-thirds.
(4)) in the case referred to in paragraph 1. (3) become applicable provisions regarding ordinary and temporary joint ownership. However, disposal or mortgaging can be achieved if there is a majority of two thirds of truthfulness.
(5) in the cases referred to in) para. (3) and (4), co-owners who did not vote, if necessary, the times opposed to the alienation or mortgage shall be entitled to fair compensation, established about conventional times, in case of disagreement, by judicial process.
(6) termination of destination) Finding service for these parts is done by decision of the General Assembly of the Association, adopted by a majority of two thirds of truthfulness.
Notă
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*) Para. (3) to (6) of article 3. 45 (through article 26 renumber) were declared unconstitutional by Constitutional Court decision No. 1,514 November 15, 2011 regarding the plea of unconstitutionality of the provisions of art. 45 para. (3) to (6) of the law on cadastre and real estate advertising nr. 7/1996 published in the Official Gazette of Romania, part I, no. 24 of January 12, 2012.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (7) portion of the Building, i.e. income/estate of disposal shall be entered in the land register following the procedure-regulated legal cadastre in para. (1) (8) the Division of a condominium building in several individual units called apartamentare. The individual units of a division into several individual units new is called subapartamentare. These operations are carried out on the basis of the cadastral documentation and authentic instrument drawn up in accordance with the law.
Article 27 (1) Buildings belonging to the public domain and private domain of the State or, as appropriate, of the administrative-territorial units shall be entered in the land registry books of the administrative territorial unit on which they are situated, with exceptions provided by law.
(2) special land holding Cards of the territorial offices of the territorial Office.
Chapter II Procedure for entry in the land register Article 28 (1) an application for entry in the land register will be submitted to the territorial offices of the territorial Office and will be accompanied by the original of the entry or authenticated copies from it, whereby it is established fact that legal act or whose application requires; certified copy will be kept in the Office folder.
(2) in the case of judgment, it will present an authenticated copy, noting that it is final and irrevocable.
(3) in the case of foreclosures, in the absence of original documents, applications and enrollment have been filed under the terms of the Civil Procedure Code may be accompanied by a certified true copy of the document property.
(4) applications for enrolment shall record in the register without delay, specifying the date and the number resulting from the chronological order of their submission.
(5) Entries in the land register shall be made at the request of the parties concerned, except where the law provides for the inclusion of its own motion; enrollment request will be transmitted to the Office of the territorial constituency to which the property is situated.
(6) the provisional Tabulation or submission can be required of any person who, according to the official, the original judgment or decision of the administrative authority, to strămute, to set up, modify, acquire or to extinguish a right tabular.
(7) the inclusion of a right or the termination of a pregnancy can be requested: a) general agent of the îndrituit;
b) of any of the holders of the same law.
(8) the creditor whose claim is definite and due for payment is substantiated in writing or through a court decision, or in cases specifically provided for by law, by decision of the administrative authority, you can ask the Court, in the name and on behalf of the debtor, his inclusion of a tabular or a deletion.
(9) the debtor who has paid the claim of a valid mortgage assignee neînscris in the land register may request the cancellation of the mortgage, if the original entry shows the assignment and payment receipt of the evidence.
Article 29 (1) where the Registrar recognizes the application or submission, provisional tabulation through the closing, if the entry meets the following conditions: (a) limiting) is completed in compliance with the conditions of form laid down by law;
b) name or business name correctly identifies the parties and stated personal identity code or, where appropriate, tax identification number, if assigned, the tax registration code times, as appropriate, assigned to them;
c) identifying the property by a number of land register and cadastre or topographically as appropriate;
(d)) shall be accompanied by a certified translation, if the Act is not drawn in the Romanian language. In the case of notarial authentic instrument, it must be done by a notary public in Romania function *);
Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the decision of the Constitutional Court No. 195/2015 relating to the plea of unconstitutionality of the provisions of art. 29 para. (1) (a). d) second sentence of the law on cadastre and real estate advertising nr. 7/1996 published in the Official Gazette of Romania, part I, no. 396 of June 5, 2015: "[the] the provisions of art. 29 para. (1) (a). d) second sentence of the law on cadastre and real estate advertising nr. 7/1996 are constitutional insofar as it does not apply to notary acts in countries which have acceded to the Convention on the Suppression of the requirement powers of official foreign documents, done at the Hague on 5 October 1961, and in countries with which Romania has concluded conventions, treaties or agreements on legal assistance in civil matters, which provides for exemption from any legalization ".
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ e) is accompanied, where appropriate, by a copy of the extract of the land register for authentication, the extract of the land register for information or certificate of tasks to the Act, except to the extent that it makes mention of them in the Act;
f) shall be accompanied by proof of payment of the rate of real estate advertising, except for exemptions established by law or the situation in which the evidence collection is done in accordance with the tariff of the procedures laid down in the protocols concluded under art. 9 para. (13) and (16);
g) other legal provisions laid down by law, a test of which lies within the competence of the Registrar.
(2) the Director general of national agency may, by order, delegate of the main tasks of the registrars-registrars.
(3) the conclusion shall determine right or fact, indicating the number of the cadastral and land book, and part of the land in which the book is to make signing up. Also indicate what positions have been removed and the name in favor of or against which entries have been made, regardless of their kind.
(4) where the identification of land property is not possible, on the basis of existing data, will be used for cadastral documentation drawn up and accepted in accordance with this law.
(5) final and irrevocable judgment bearing the words "in accordance with the original" shall be communicated as soon as, ex officio, by the territorial court office which has pronounced on the last Fund, the entries concerning rights arranged tabular documents and actual facts, legal, as well as any legal relations subject to advertising, relating to the buildings listed in the land register.
Article 30 (1) If the Registrar finds that the acts justifying the application for entry in the land register, and the latter does not fulfil the conditions of form required by law for their validity, the application shall be rejected by a reasoned conclusion.
(2) the Registrar will reject an application for entry of a legal act whose nullity absolute is expressly provided for by law or for failure to comply with special conditions laid down by the regulations in force.
(3) the refusal is made about the statement in the registry entry in the right and registration in the land register.
Article 31 (1) the conclusion shall be communicated to the person who asked for the inclusion or deletion of a legal act or fact, as well as other interested persons according to indications from the land register, in respect of the property concerned, within 15 days from the pronouncement of the conclusion, but not later than 30 days from the date of registration of the application.
(2) the persons concerned or the notary public may request to review the conclusion of acceptance or rejection within 15 days of receipt, which shall decide within 20 days through the conclusion by the Chief Registrar within the territorial Office in which the property is situated. In order to solve the request for re-examination, the person concerned will be able to complete the required documents, at the request of the Chief Registrar.
(3) the Chief Registrar Against conclusion issued pursuant to paragraph 1. (2) those concerned or the notary public may bring the complaint within 15 days of the notice. Request for review and complaint against the conclusion shall be submitted to the territorial Office of its own motion and shall be entered in the land register. Territorial Office is obliged to submit the complaint in the Court of the territorial jurisdiction of which the immoveable, accompanied by the closure of the folder and copy the book land.
(4) the complaint may be lodged against the conclusion of those interested or notary public and directly to the District Court in whose area of jurisdiction the property is situated, in which case the Court shall ex officio require territorial communication Bureau of the dossier and land book is concluded, and the notation of the complaint in the land.
(5) judgment of the Court may be appealed only with appeals.
(6) the final judgment shall be made ex officio by the territorial court office which has pronounced last.
(7) the inclusion of submitted pursuant to this judicial decision produces effects from their registration, enrollment at the Office.
(8) in the case of rejection of the complaint by final judgment, weighs made it radiates.
Article 32 settlement of complaint against the closure of the land book, the justification of the action in correcting tabular, tabular and benefit is made without summoning the territorial Office.
Article 33 (1) Entries and removals made in land books cannot be rectified except on the decision of the final and irrevocable judicial or amicable, based on a declaration given in authentic form of tabular, holder holder, on the basis of the cadastral documentation.
(2) the provisions of art. 31 shall apply accordingly.
Article 34 (1) where a land register to be compiled by the times supplemented an estate that has not been included in any other land book, and where a land register has been destroyed, lost or become nefolosibilă, in whole or in part, for various reasons, the preparation, completion and reconstitution where appropriate shall be made by the Registrar at the Office, upon request or ex officio, with the agreement of the parties concerned, on the basis of a conclusion. For this purpose use is made of all records and documentation of existing technical, related to the buildings in question, as well as the situation of the right to property.
(2) the conclusion may be appealed, as appropriate, pursuant to article. 31 para. (2) and (3) The territorial offices be set up level committees made up of specialized personnel, authorized to carry out, at the request of an interested person or on its own initiative, at the occasion of pointing out errors in cadastral functions and entries in the land register, by carrying out checks for that purpose in the field, and that operates in accordance with a regulation, approved by order of the Director-general of the national agency.
— — — — — — — — —-. (3) art. 34 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(4) Thereafter, the Commission shall carry out such inspections are thus empowered a report which formed the basis for the update of particulars in part I of the book land, which have been subject to the checks.
— — — — — — — — —-. (4) article. 34 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(5) the conclusion of the land register which had them update the register from the land register according to the provisions of paragraph 1. (3) and (4) shall be notified to the parties concerned and is subject to appeal and the procedure laid down in article 21. 31.----------. (5) article. 34 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
Article 35 (1) a notary public who has compiled an act whereby it is transmitted shall be amended, shall constitute, or goes off a real estate law is bound to ask, ex officio, the entry in the land register. To this end, it will send the request for inclusion of that Act, on the day it was completed or not later than the following working day at the Office in whose territorial radius of activity which the immoveable property. About exercise this obligation will be made explicit mention in the Act or, as the case may be, of the certificate of inheritance. The endorsement will be made where the portion of the goods was opened on land register or land register documentation exists. The authentication of notary acts by which it shall be amended or constitutes a real right property, the notary public will request an extract of the land register for authentication, which is valid for a period of 10 working days from the date of registration of the application, or, where appropriate, a certificate. The authentication of notary acts through which goes off a real estate law as well as in inheritance proceedings, for buildings listed in the land register will be required to land register excerpt for information.
(2) on the basis of the land register extract for authentication, the notary public can perform all operations required Notary Act for the purpose of which it was requested.
(3) the period of validity of the extract of the land register for authentication, the Registrar will not make any entry in the land register, except that for which it was issued the statement. The validity of the statement is terminated through the expiry at the time of registration of the application for the entry of notarial act for which it was issued or at the request of the public notary who requested the statement.
(4) where the period of validity provided for in paragraph 1. (1) the extract of the land register Act is recorded for authentication/authentic instruments formally drawn up on the basis of its enrollment applications, given that these documents are scored the documentary settles with the other priority applications for registration registered during this period will be rejected. In the event that the validity of the statement of the land register for authentication, and the application has ceased having enrolled act as supporting/authentic instruments formally drawn up on the basis of its application has not been registered in the general register entry concerning applications in respect of which it was requested that the statement of the land register for the above mentioned log recorded during this period, deciding in compliance with rules in force.
(5) the Court shall transmit, within a period of 3 days, the remaining final and irrevocable judgment, a constitutive or declarative as real property, at the Office in whose territorial radius of activity which the immoveable property.
(6) the Court will not pass upon the merits of the debate concerning the abolition of the legal act subject to enrollment, if it has not been entered, in advance, for information, in the land.
Article 36 (1) notarial whereby it is transmitted shall be amended, shall constitute, or goes off a real estate law ends only if the estate shall be entered in the land register, except in the cases referred to) art. 887 of the civil code;
b) legal acts and facts continues to be transcribed or, as the case may be, entered in the old transcripţiuni and inscripţiuni registers of immovable under art. 40 para. (2);
c) acts of partition of the estate or a volunteer, except that partajabilă mass of buildings is peeling away or join him;
(d) other cases expressly foreseen) of the regulations in force.
(2) the provisions of paragraphs 1 and 2. (1) apply properly and other categories of authentic instruments through which the transfer is to be lodged, is changed or real rights shall be extinguished which is entered in the land register.
Article 37 (1) ownership of the constructions shall be entered in the land register on the basis of a certificate issued by the local authority issuing the building permit, confirming that the building construction was carried out under the authorization of the construction that there is reception report at the completion of the works, as well as other legal provisions in the matter and a cadastral documentation.
(2) Buildings completed before 1 august 2001, which is the date of entry into force of law No. 453/2001 for the modification and completion of the law #. 50/1991 authorizing execution of construction works and measures for carrying out housing, is intabulează, in the absence of authorization to construct, on the basis of the certificate of attestation stating that the tax paying all tax liabilities payment owed to the local government authority in whose RADIUS is situated, as well as construction of cadastral documentation.
(3) ownership of the constructions can be entered in the land register and on stages, on the basis of the following documents: the certificate of attestation of) stage to the completion of construction, issued by the Mayor of administrative-territorial units;
b) report on the State of completion of the construction of the finding;
c) cadastral documentation.
(4) Mortgage can apply only on a building as a whole or on the share of a co-owner of the parts. If the mortgage is established on a part of the construction, it will be entered on both it, and the parties share common indivize.
(5) a Mortgage constituted good future can intabula under the law relating to mortgage loans for real estate investments, if it was previously noted the existence of authorization for construction and notation of reception report partial.
(6) in all cases when the law is granted a privilege or a mortgage to ensure any legal rights or claims, they will score from Office in the land, unless the parties expressly waives to this benefit; the inclusion of legal privilege or mortgage is made, as a rule, under which shows official claim of privilege or conferring the right to make an inscription mortgage.
(7) the individual what he borrowed, under a contract concluded in authentic form, a sum of money for the acquisition of immovable property has thus acquired a right of mortgage repayment for the loan.
(8) legal Privileges or mortgages they will sign up to the amount specified in the signed up; If the claim is not specified for the maximum amount indicated in the application, and the amount of the interest. In all cases, the privileges will be registered and acquire rank only under the conditions determined by the law which he had instituted, and in the absence of any entries in this law, they receive the rank according to the legal provisions concerning the inclusion of mortgages.
(9) When the entry is învederează proof of the sale price has not been paid or has been paid in full, the guarantee of privilege due to price falls, on behalf of the seller.
(10) If the sale was disbanded, the privilege will radiate from the Office.
(11) the provisions of paragraphs 1 and 2. (6) shall apply accordingly if the Exchange or the Division, for the difference in value payable in cash.
(12) the acquirer Promitentul entered in the land register will be able to ask, under the original official promise to contract concluded with the one entered in the land register, the entry on the real estate mortgage legal, for reimbursement of the amount paid on his behalf. In this case, the mortgage shall be entered within the time limit and as stipulated by the civil code in order to contract promise notation and it radiates, ex officio, if the property is acquired by the acquirer promitentul times, within the execution of the sale by a third party, which is held responsible for the obligations of the debtor.
(13) the right of mortgage shall be deleted pursuant to article. paragraph 1, 885. (2) of the civil code, with the exception of mortgages constituted in favor of central public administration authorities and local governments, which can radiate under the agreement holder expressed in writing official statement issued by the institution concerned, which bears the signature of the driver or person delegated institution, its number and date of registration.
(14) the privilege to ensure the price due by the co-owner of the property subject to the Division of the event will be recorded in accordance with the notice of invitation to tender.
(15) the joint owner, apart from the cases provided for in paragraph 1. (11) and (14), will be able to ask, under the original and official separation of the certified copy of the request for inclusion of the legal guarantee, the mortgage on the property that the other co-owners they have acquired through partajului, to guarantee the claim resulting from the crowd out.
(16) the architects and entrepreneurs will be able to ask, in the light of the original official certificate of the contract with the holder entered in the land register, the inclusion of a legal mortgage on the property which is the subject of the works that were bound to make them, to guarantee the price of those works.
(17) In cases referred to in paragraph 1. (15) and (16) of the land register, the Registrar will comply with provisional registration with the mortgage for the amount shown in the entry of partition or in the contract referred to in paragraph 1. (16), and failing that, for a maximum amount indicated in the application for registration. In the latter case, the holder entered in the land register will be able to request the complaint directly to the competent court, under art. 31 para. (4) reducing the maximum amount. Justification inclusion of provisional will be made according to art. paragraph 2, 899. (2) of the civil code.
(18) in the case referred to in paragraph 1. (16), it will be able to ask for the cancellation of the provisional registration with, according to art. paragraph 2, 899. (3) of the civil code, only if they have passed 3 months from handover.
(19) the transferee of a claim secured by a mortgage mortgage real estate will be able to ask for its inclusion in favour of the transfer of the mortgage in the land register on the basis of the official transfer of the debt concluded in authentic form. In this case, the assigned debtor will be able to request, within one month of the notification of the conclusion of the mortgage real estate enrollment nodded noting exceptions that you could object to the assignor for previous service or causes the acceptance of an assignment of mortgage debt and understand them to oppose the transferee. The Registrar will comply with in whole or in part the right to cancellation of the mortgage real estate times noting the exceptions invoked by the assigned debtor, pursuant to a final judgment by which the Court has decided on the solidity of the exceptions relied on by the assigned debtor.
(20) If the claim with a guaranteed mortgage mortgage real estate was, in turn, ipotecată with a mortgage securities, given as security, either in the times guarantee in any manner, the debtor will be able to oppose the creditor guaranteed exceptions they have against his creditor, if based on prior causes a notification or acceptance of an assignment of mortgage debt.
(21) If the entry includes mortgage clause to order, or to bearer, it will make mention of this in the registration form. In this case, the right real estate or mortgage right mortgage pledge over securities times mortgage debt will acquire and will be relied on without entry in the land register, by the very Constitution of mortgage securities, displacement, the lease guarantee pledge times in any way of the title to order or to bearer.
(22) where the assignment of mortgage debt had not been previously notified or accepted under the terms of the civil code, the conclusion of the Declaration of registration with the assignment of the mortgage or the conclusion of the guarantee on the debt rating mortgage-backed securities will represent and notifying the creditor relinquished with respect to assignment of mortgage debt.
(23) if the mortgage debt was reserved for novate guaranteeing new claims, they will score, in the rank of the old mortgages or old privilege, under official proving novaţiunii.
(24) At subrogat in the creditor's hypothecary or privileged will be able to ask about mortgage law notation or privilege under records proving subrogation.
(25) the assignment of rank mortgage will be made under the terms of the civil code.
Title III transitional and final provisions, sanctions chapter I transitional provisions Article 38 (1) entries made in accordance with the normative acts in force in the register of transcripţiuni and inscripţiuni, in books and in the books land advertising wares prior to the date of entry into force of this law, they shall produce the effects specified after this date, except in cases where the rights of ownership and other rights in rem were affected in any way by operation of law.
(2) all documents and real estate publicity shall be taken and should be preserved by territorial offices within the territorial offices whose activity lies within buildings.
Article 39 legal document establishing a right in rem or property valid concluded before entry into force of this law, the netranscris in the transcripţiuni and inscripţiuni times neînscris, where appropriate, in the land, they produce effects at the time of registration in the land registry under the provisions of this law. Act under private signature, valid, will be taken into consideration if it has definite date preceding the entry into force of Law No. Land Fund 18/1991, republished, with subsequent amendments and additions.
Article 40 (1) where a re-enactment of the right to land tenure is based on parcel/plot plans that match the old topographic maps with topographical number indication of parcels in the land book subject to Decree-Law No. 115/1938 provisions for unification on the land books and the Decree nr. 2.142/1930 for funduare books for Central railways and canals, the entries relating to immovable property, land included in the books will continue to be made in these books, in compliance with the conditions and provisions of this Act, of the special laws for reconstructing land tenure law and the civil code, in which case until cadastre will sign up just the right property without graphic. Where after checks by the Office of cadastre based on the land register plan and ortofotoplanul differences are found, the title deed will be recorded in the land register on the basis of the cadastral documentation.
(2) until the opening of the new land cards, under art. 41 in the regions of transcripţiuni and inscripţiuni real estate, legal privileges and mortgages, seizure, pursuit of real estate, and its revenue, setting in motion the criminal action, the actions of real rights concerning properties not listed in the land register, as well as legal acts and facts relating to the personal rights or other legal relations in connection with these real estate will continue to be transcribed times where appropriate, listed in the old records of real estate advertising, in compliance with the provisions of the civil code and of this law.
(2 ^ 1) Until the opening of the new land cards in the regions of land register which were subject to Decree-Law No. 115/1938 for the unification of dispoziţiunilor concerning the land books, except in the areas which are subject to the laws of restitution of land property, the entries relating to immovable property, contained in old books, land will continue to be made in these books, in compliance with the provisions of law No. 287/2009, republished, with subsequent amendments, and of the present law. In the event that these books there are unusable or not identified in the cadastral archive offices and real estate advertising, are applicable to the legal provisions in force relating to the opening of a new land.
— — — — — — — — —-. (2 ^ 1), art. 40 was introduced by the pct, article 21. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(3) in the case of a construction of some buildings joining to unstick or entered in the land registry books drawn up under Decree-Law No. 115/1938 and for property acquired under the laws of restitution of land property, it will draw up a land register documentation with a view to the opening of a new land under the provisions of this law.
(4) debt issued for the laws of restitution of land property opt ex officio in the land based parcel/plot plans approved by prefectural law enforcement of restitution of land property and accepted by the territorial Office, according to the regulation approved by order of the normative character of the Director general of the national agency.
Article 41 (1) the first recording of real estate in the integrated system of cadastre and land register can be achieved and the basis of a certificate of inheritance or the Act of voluntarily sharing concluded in authentic form of judicial partajului and cadastral documentation.
(2) the content of cadastral documentation shall be established by the regulation approved by order) with the normative character of the Director general of the national agency, which will be published in the Official Gazette of Romania, part I.
Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see Regulation for the approval, acceptance and enrollment records of cadastre and land register, approved by order of the Director-general of the national agency of cadastre and real estate advertising nr. 700/2014 published in the Official Gazette of Romania, part I, no. 571 571 and bis from 31 July 2014, with subsequent amendments, and corrected in the Official Gazette of Romania, part I, no. 835 of 17 November 2014.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (3) in the case of registration in the land registry and cadastre carried out at the request of the persons concerned, if it is different from surface measurements of surface inscribed in a land register on the basis of documentation received by the territorial cadastral Office or area from the cadastral documentation, accepted by the Office, which opened up the land register times property documents area the application of reception and registration in the land register are as follows: to decide) whether the area from measurements is less then this surface shall be entered in the land register on the basis of the cadastral documentation and the agreement of the owner of the registration of such areas;
b) If area from measurements is higher in up to 10% in the case of land with houses, and up to 5% in the case of land outside town, then the surface area from measurements shall be recorded in the land register on the basis of the cadastral documentation and Declaration of the owner;
c) if the surface from measurements is larger than the percentage established in (b). b), if requested, will be able to recover possession of land on the difference, held without a property deed, on the basis of the minutes of the neighborhood and a certificate issued by local public administration authorities, certifying that: (i) the holder is known to hold the difference in land area under the name of owner;
(ii) the property is not part of the public domain or has not been entered in the records as being in the private sector of the State or administrative territorial units;
d) later comment in the land possession under (b). (c)), the holder may request the issuance of the certificate of registration in the land register as the owner of the holder. Procedure for issuing the certificate shall be established by the protocol concluded between the national agency and the National Union of notaries public from Romania, to be published in the Official Gazette of Romania, part I.
(4) the Director general of the national agency will be able to issue instructions to establish administrative procedure for entry in the land register of the measured surface.
(5) in the case of real estate owned by State and administrative-territorial units, preparation is carried out at the request of the ruler of the central or local institution, as appropriate, on the basis of the property, and in their absence, extracts from a centralized inventory of the goods in question attested by the Government according to the law, certified.
(6) the concession contracts or rental property owned by the State and administrative-territorial units is required to attach an extract of the land register for information and a recent cadastral plan of the building makes it contract.
(7) in the case of public property and private property of the State or administrative territorial units, in the absence of property laws, or extracts from those assets inventory, it may order the provisional inclusion based on administrative or regulatory acts issued in respect of the property.
— — — — — — — — —-. (7) article. amended 41 of point 22 of article. From the EMERGENCY ORDINANCE nr. 35 of 28 June 2016, published in MONITORUL OFICIAL nr. 489 of 30 June 2016.
(8) in the case of private property, in the absence of ownership of land, at the request of the persons concerned, it will be able to recover possession of the documents referred to in article 1. 13(2). (8) (a). c-f)) *) and a cadastral documentation.
Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) following the AutoRepublish feature. (3) art. 13 becomes paragraph 3. (8) article. 13. Law No. 150/2015 modification and completion of the law on cadastre and real estate advertising nr. 7/1996 published in the Official Gazette of Romania, part I, no. 459 of 25 June 2015, paragraph 6. (3) art. 13 has changed, it comprising lit. a)-d).
Until the amendment law No. 150/2015, article 7. 13(2). (3) of law No. 7/1996 had, according to the shape of the republished in the Official Gazette of Romania, part I, no. 83 of 7 February 2013, reads: "(3) where the period of display of opposition has been filed with regard to the quality of owner, and it is accompanied by evidence that the referral to the Court of Justice, on the subject of the appeal, the Office will no longer require public notary to issue the certificate referred to in paragraph 1. (2) the Registrar acting under the terms of paragraph 1. (4) the notice of opposition may be. only on the quality of owner, and the lack of proof that the opposing party who addressed the court draws the rejection by the territorial Office and request the issuance of the certificate. Issue of the certificate of the notary public is made after the expiry of the period of review with regard to the licence holder or requests for correction at the request of the territorial Office and on the basis of the following documents attached to the certified copy of the application: a) certificate indicating that: (i) the procedure has been carried out the display of technical documents of cadastre planning information on the buildings and their owners and the fact that the owners were not opposed;
(ii) have not been filed complaints or requests for rectification in respect of possession;
(b) the cadastral plan of the sector) cadastral where the property is situated, made by the person authorized to perform cadastral works, checked and approved by the territorial Office;
c) certificate issued by the Mayor's Office in the property is situated, indicating that: (i) the holder is known to hold the property under the name of owner;
(ii) the property is not part of the public domain or has not been entered in the records as being in the private sector of the State or administrative territorial units;
d) statutory declaration of holder, given in authentic form, by which it declares that: (i) possess the property under the name of owner;
(ii) is married; where is survived by his wife, will say, and matrimonial property regime;
(iii) not alienated or encumbered property;
(iv) the building was taken out of the legal circuit;
(v) the property is not subject to any dispute;
(vi) property is held or not on the shares; where property is held on the shares, all owners will declare the extent of trading;
(vii) proof of possession of the entry originates from the signatory parties; where there is supporting will declare enrolled, that does not have and is not aware of the existence of such enrolled;
It's proof of possession) entry, regardless of the form in which it is drawn, if any;
f) copy of identification and civil status. "
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (9) real Rights that may be acquired pursuant to uzucapiunii shall remain valid, if the right holder has possessed them in good faith, according to the law for five years after the inclusion of the possession in the land.
Article 42 (1) the inclusion of buildings that are in the public domain or private and State institutions in the management of defence, public order and national security times private-owned them shall established by these institutions, together with the National Intelligence Agency, after the reception provided by law.
(2) The cadastral documentation drawn up for buildings as referred to in paragraph 1. (1) reference is made exclusively to land and buildings, related site plans and the delimitation of their boundaries contain only.
Article 43 (1) if it is found some differences between the areas recorded in acts of the property and the real situation on the ground, resulting from the measurements performed for drawing up cadastre, the Mayor will have a notice to the owners concerned.
(2) the pros and cons of the same administrative-territorial unit be reversed between the owners concerned.
(3) the pros and cons of land shall be determined by the authorized persons carrying out the measurements and shall be notified to those concerned and mayors.
Article 44 Any misunderstandings regarding the identification and measurement of land parcels, as well as with regard to their owners, they will settle by courts.
Article 45 (1) the Agency shall, within 30 days from the date of entry into force of this law, the rules of organization and functioning of territorial offices within the territorial offices.
(2) authorized persons concerning the activity of implementation and verification of the work in the field of cadastre, Geodesy and cartography of natural and legal persons authorized in Romania will proceed on the basis of the law on the establishment of a special Union;
Chapter II Article 46 Penalties (1) National Agency is empowered to supervise the work of all individuals and legal entities authorized under this law, carrying out activities on the territory of Romania in the fields of cadastre, Geodesy and cartography, with the exception of institutions in the field of defence, public order and national security, which exercises this attribute through its own structures.
(2) the following acts Constitute offences: a) use in official documents of the data owners, land or buildings other than those entered in the cadastral documents made under this law;
(b) property owners) refusal to provide access to staff for the execution of works surveying, geodetic, topographic and photogrammetric, except for the Ministry of national defense, the Ministry of public administration and regional development, the Romanian Intelligence Service, the foreign intelligence service, security guard and protection service and legal persons in the field of defence;
c) refusing to make available to the national agency or specialized institutions and managerial useable cadastral works by those who hold them, with the exception of the Ministry of national defense, the Ministry of public administration and regional development, the Romanian Intelligence Service, the foreign intelligence service, security guard and protection service and legal persons in the field of defence;
d) publication, dissemination or use of knowingly data, documents and information specialty developed or put into Administration National Agency subordinate units times without them, if necessary;
e) execution of Geodesy, cartography, cadastre, Photogrammetry and remote sensing without run-time notices issued by national agency or of territorial offices, as appropriate;
f) completion and verification of the work in the fields of cadastre, Geodesy and cartography, without legal authorization;
g) non-compliance or violation of regulations, rules, standards and methodologies in the areas of cadastre, Geodesy and cartography, as well as in the field of real estate advertising;
non-compliance with the legal provisions) with regard to the preparation, and retention of data multiplication, and secret documents;
I drawing-up of documents) a. property without land register excerpt;
j) failure by the representative of the administrative and territorial unit of the obligation to provide and update data on the nomenclature, in accordance with its own street art. 5 para. (3);
(k) failure to comply with the obligation of the) Secretary administrative territorial unit or by its delegate to communicate to the competent Chamber of notaries public the referral for the commencement of the inheritance concerning the dead with last place in the administrative-territorial unit in question;
l) refusal or signature of the representative of the administrative and territorial unit of the documents necessary for carrying out cadastral work or to enroll in the land;
m) refusal to issue the certificate or tax certificate referred to in article 1. 37 para. (1), (2) and (3);
n) denial of approval of the plan by the Mayor parcelar.
(3) the acts referred to in paragraph 1. (2) (a). ) and (b)) shall be imposed with a fine from 1,000 to 400 lei lei, and those referred to in paragraph 1. (2) (a). c)-n) fine from 2.000 to 4,000 lei lei and/or suspension withdrawal times to carry out specialized works.
4. Fines apply to natural and legal persons, as appropriate, and limits them to be updated on the basis of inflation indices established by the National Institute of statistics, by order of the Director-general of the national agency, which will be published in the Official Gazette of Romania, part I.
Article 47 (1) Finding contraventions and penalties shall be carried out by the national agency, through its representatives.
(2) the finding of violations under this law, perpetrated by personnel within the institutions of defence, public order and national security, and penalties shall be performed by the representatives of these institutions.
(3) the Offences referred to in this law apply to them the provisions of Ordinance No. 2/2001 relating to the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
(4) the amendment of materializărilor property limits, setting up or moving signs and marks milestone marking the boundaries of the area of the railway, roads, canals, airports, ports, waterways, these cadastral borders, forestry, geological and mining without law, constitutes infringement and is punishable with imprisonment from 3 months to 2 years, or with fine, if the deed does not constitute a more serious offense.
— — — — — — — — —-. (4) and (5) of article 2. 47 were modified by CORRECTION No. 7 of 13 March 1996, published in MONITORUL OFICIAL nr. 825 of 5 November 2015, becoming paragraph 1. (4) article. 47. Chapter III final provisions Article 48 territorial offices and territorial offices, preserves and ensures conservation of backups of documents for cadastre, geodesy, cartography and real estate advertising, including on microfilm or computer.
Article 49 information systems specific areas of activity of the ministries shall be performed by the central public authorities that are responsible for those areas. The central authorities shall cooperate with the Agency in the framework of the programme referred to in article 1. 9 para. (23) Article 50 (1) information relating to the national geodetic network, official maps, cadastre and real estate advertising are public information and are good state property and are in the administration of National Agency subordinate units. This information can be consulted and are accessible to any individuals or businesses for a fee.
(2) the information referred to above can be consulted free of charge by Central and local public authorities in order to implement projects of national interest.
Article 51 in fulfilling legal obligations relating to the work of cadastre and real estate advertising, measures the shall be determined by the protocol concluded between the national agency and the National Union of notaries public from Romania, protocol *) approved by order of the normative character of the Director general of the national agency and the Council of the National Union of notaries public from Romania, to be published in the Official Gazette of Romania , Part I.
Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the Protocol of collaboration between the national agency of cadastre and real estate advertising and the National Union of notaries public from Romania regarding how to conduct real estate advertising operations, pursuant to the law on cadastre and real estate advertising nr. 7/1996, republished, with subsequent amendments and additions, approved by order of the Director-general of the national agency of cadastre and real estate advertising nr. 309/2010 published in the Official Gazette of Romania, part I, no. 475 9th July 2010, with subsequent amendments and additions.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 52 (1) this law shall enter into force 90 days after its publication in the Official Gazette of Romania, part I.
(2) no later than 31 December 2020, entered in the registers of holders of tasks transcripţiuni-inscripţiuni will require opening the land for real estate books concerned, under the present law, and transcription tasks available, with exemption from payment of charges.
(3) the tasks which are off by expiry or from any other cause will not be entered in the land registry books, and if you have signed up, they will be removed at the request of the persons mentioned in article 4. 15 para. (2) or ex officio.
(4) the date of entry into force of this law shall be repealed:-art. 37-43 Land Fund Act No. 59 of 29 October 1974, published in Official Gazette No. 138 of 5 November 1974, as amended;
-Annex 4. 1 Decree nr. 146/1985 on the establishment of collectives of cadastral works;
-Decree No. 305 of 15 September 1971 concerning the activity of topofotogrammetrică and GEODESIC, cartographic, and purchase, possession and use of the data and documents resulting from this work, published in Official Gazette No. 111 of 26 September 1971;
-any other provisions contrary to this law.
NOTE: i. Reproduce below article II, III and IV of the Government Emergency Ordinance nr. 64/2010 concerning the modification and completion of the law on cadastre and real estate advertising nr. 7/1996, approved with amendments and completions by law No. 133/2012, which applies the provisions of the act as a modifier: "Art. II.-up to 31 December 2020, cadastral documentation reception and opening of land cards shall be made according to the provisions of law No. 7/1996, republished, with subsequent amendments and additions, with exemption from payment of fees and commissions, ex officio or at the request of: (a) rights holders) recorded in the old records of real estate advertising;
b) rightholders real scored in open land cards according to Decree-Law No. 115/1938;
(c) rights holders) entered in the books open on the basis of land law. 242/1947 and the Decree nr. 2.142/1930.
Art. III.-the structure, organisation and functioning of the national electronic register of street nomenclatures are approved by decision of the Government.
Art. IV.-after the entry into force of this emergency Ordinance, the normative acts in force, the words «cadastral general» shall be replaced by the words «cadastral». "
(Ii) Reproduce the provisions of article below. II of law No. 150/2015 modification and completion of the law on cadastre and real estate advertising nr. 7/1996, which applies the provisions of the act as a modifier: "Art. II.-the date of entry into force of this law shall be repealed law No. 217/2007 basic criteria for determining fees and charges incurred in connection with the development, analysis and verification of the cadastral documentation for entry in the land register of agricultural land, published in the Official Gazette of Romania, part I, no. 454 of 5 July 2007, and the Government Ordinance. 10/2000 relating to the activity of achieving and checking specialist works in the fields of cadastre, Geodesy and cartography of natural and legal persons authorized in Romania, published in the Official Gazette of Romania, part I, no. 26 of 25 January 2000, approved with amendments and completions by law No. 795/2001. Fees paid by natural or legal persons authorized constitutes income from professions, with the application of appropriate rules in tax matters, the amount of the fees being determined in accordance with the agreements concluded with the recipients of services, while respecting the principle of proportionality. ' — — — — — — — —
