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Law No. 89 Of 8 April 2008 Amending And Supplementing Law No. 152/1998 On The Establishment Of The National Housing Agency

Original Language Title:  LEGE nr. 89 din 8 aprilie 2008 pentru modificarea şi completarea Legii nr. 152/1998 privind înfiinţarea Agenţiei Naţionale pentru Locuinţe

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LEGE no. 89 89 of 8 April 2008 to amend and supplement Law no. 152/1998 on the establishment of the National Housing Agency
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 310 310 of 21 April 2008



The Romanian Parliament adopts this law + Article I Law no. 152/1998 on the establishment of the National Housing Agency, published in the Official Gazette of Romania, Part I, no. 265 of 16 July 1998, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 2 ^ 1, paragraphs 3, 4 and 7 shall be amended and shall read as follows: " (3) If the land referred to in par. (1) are in public or private property of the state, they shall be transmitted without payment in public property or, as the case may be, in the private property of the administrative-territorial units in which they are located and in the administration of of the communes, cities, municipalities, respectively of the sectors of Bucharest and the General Council of Bucharest, or, as the case may be, in the administration of the county councils, in accordance with the legislation in force. The National Housing Agency retains free use of land during the realization of investments. (4) On land under public or private property of the state or administrative-territorial units utilities and technical-publishing facilities are carried out by investment objectives promoted by the local councils of communes, cities, Municipalities, respectively of the sectors of Bucharest and the General Council of Bucharest, according to the law and in correlation with the housing construction programs. ........................................................................................ ........................................................................................ (7) The establishment and/or clarification of the legal regime of the land shall be carried out on the basis of urban plans and approved pre-feasibility studies, with promotion of housing development programs through the programs provided in art. 2 2 para. ((1) lit. c) and e). " 2. In Article 6 (1), after letter a ^ 1) a new letter, letter a ^ 2) is inserted, with the following contents: " a ^ 2) amounts collected from the sale of housing for young people, built through the programs provided in art. 2 2 para. ((1) lit. c), which is transferred to the account of the National Agency for Housing opened with the State Treasury and is used for the development of the housing fund for young people, for rent, within these programs. These amounts represent public funds and are administered according to public finance legislation; ". 3. In Article 6 ^ 1, paragraph (1 ^ 1) is amended and shall read as follows: " (1 ^ 1) The use of the available resources provided for in art. 6 6 para. ((1) lit. a ^ 1), a ^ 2) and f). " 4. Article 6 ^ 2 is amended and shall read as follows: "" Art. 6 6 ^ 2. -(1) Young persons, within the meaning of the provisions of this law, are major persons aged up to 35 years at the time of application for the distribution of a dwelling built through the programs of the National Housing Agency, intended for rent, and which may receive distribution within 12 months of the end of this age. ((2) Housing for young people for rent, made under the conditions of this law, are subject to the private property of the state and are administered, in accordance with the legal provisions in force, by the authorities local public administration of administrative-territorial units in which they are located. For the other dwellings that are carried out through the investment programs provided in art. 6 ^ 1 para. (4) the legal regime and the way of distribution are provided by Home Law no. 114/1996 , republished, with subsequent amendments and completions. (3) The distribution of housing for young people for rent, built and commissioned by the programs carried out by the National Agency for Housing according to the provisions of art. 6 ^ 1 para. (4), shall be made according to criteria established and adopted by the local and/or central public administration authorities that take over these dwellings, with the opinion of the Ministry of Development, Public Works and Housing, on the basis of framework criteria access to housing and, respectively, priority in the distribution of homes, approved by Government decision. On the basis of duly justified proposals, only the framework criteria for access to housing and only from the point of view of territorial coverage can be adapted to existing concrete situations. (4) The rental contracts shall be concluded for a period of 5 years from the date of distribution of the dwelling. After the expiry of this contractual period the extension of the lease is made for a period of one year, under the following conditions: a) by recalculating the rent under the provisions of the art. 31 of the Housing Law no. 114/1996 , republished, with subsequent amendments and completions, for contract holders who have reached the age of 35; b) by keeping the initial contractual conditions relating to the amount of the rent, for contract holders who have not reached the age of 35. (5) Provisions of para. ((4) shall apply to all successive extensions of the lease, made under the law. " 5. After Article 6 ^ 2, two new articles are introduced, Articles 6 ^ 3 and 6 ^ 4, with the following contents: "" Art. 6 6 ^ 3. -(1) Housing for young people for rent, distributed under the conditions of art. 6 ^ 2 para. ((3), may be sold to holders of rental contracts, after the expiry of the contractual period of 5 years provided for in art. 6 ^ 2 para. (4), only at their request, without the sale being subject to the age of the applicant. (2) The sale of housing provided in par. (1) shall be made according to Law no. 85/1992 on the sale of housing and premises with another destination built from state funds and funds of economic or budgetary units of state, republished, with subsequent amendments and completions, and of this law, in compliance with the following mandatory conditions a) the price of the home shall be paid in full at the date of conclusion of the sale-purchase contract, from the beneficiary's own sources and/or from credits contracted by him from authorized financial institutions; b) the holder of the rental contract and the members of his/her family-spouse, children and/or other persons dependent on it-can benefit only once from the purchase of a home for young people for rent; c) the holder of the rental contract and the members of his/her family-spouse, children and/or other persons dependent on him-not to own another dwelling in the property, including the holiday home; d) the sale value of the dwelling is established by the local public administration authorities or by the economic operators in whose administration the respective buildings are located, according to the law, based on the evaluation carried out by a natural person or authorized legal entity, selected by the management unit according to the legal provisions on public procurement, but not less than the updated inventory value. The assessment will not be taken into account the surplus of value brought to the home through works carried out by the tenant at his own expense, in compliance with the legal provisions. To cover the expenses of record and sale, the units through which the sale is made according to the law benefit from a commission of up to 1% of the sale value of the home, commission that includes, together with the sale value of the dwelling and with all the expenses of the valuation, in the sale price of it; e) in the case of buildings equipped with their own thermal plants, their value is included in the price of Thermal power plants remain in the administration of local councils until the sale of half plus one of the number of homes they serve; f) the dwellings cannot be disposed of by the owners by acts between vineyards for a period of 5 years from the date of their acquisition, suspensive condition of the right to dispose of the property, which will be recorded in the registration of the property right in the book land under the law; g) the average income per family member at the date of sale, of the holder of the rental contract of the home, not to exceed by 100% the average gross salary on the economy. ((3) The amounts obtained from the sale of the dwellings provided in ((1) shall be used only to finance the construction of housing. After retaining the commission provided in par. ((2) lit. d) and, as the case may be, the sale value of the constructions provided in art. 2 2 para. (1 ^ 5) the amounts obtained shall be transferred by the local public administration authorities and by the economic operators in whose administration the respective buildings are located, through the local budget, the National Housing Agency, for the financing housing program for young people. In collaboration with the local public administration authorities, the National Housing Agency keeps track of the amounts resulting from the sale and collected. (4) The sales value of the constructions provided in art. 2 2 para. (1 ^ 5) is set percentage of the sale value of the dwelling, determined according to the provisions of par. (2), after deducting from this the value of the commission and, as the case may be, of the thermal power plant. The percentage is given by the ratio between the value of the constructions provided 2 2 para. ((1 ^ 5) and the total amount of the investment objective to which they belong, established by the general estimate thereof. Amounts corresponding to this value, obtained from the sale of dwellings provided in (1), income is made to the local budget, intended for the construction of housing. (5) The local public administration authorities have the obligation to initiate the legal procedures for the establishment of the owners ' associations in the residential buildings they manage and in which are located housing for young people for rent, after the sale to tenants of 3 housing units in the building. (6) The National Housing Agency shall ensure the monitoring and keeping records of land and dwellings built on them and transmitted in the administration of local public administration authorities, in accordance with the provisions of this Law. Art. 6 ^ 4. -Rental contracts, sales contracts, as well as any other acts concluded in violation of the provisions of art. 6 ^ 2 para. ((3) and art. 6 ^ 3 are hit by absolute nullity. The detection of these cases and the complaint of the courts for the finding of nullity and the restoration of the previous situation shall be made through the care 6. After Article 24 ^ 1, six new articles are inserted, articles 24 ^ 2-24 ^ 7, with the following contents: "" Art. 24 24 ^ 2. -(1) At the request of the central public administration authorities of education or health, the National Housing Agency may promote, within the construction programs of housing for young people for rent, provided in art. 6 ^ 1 para. (4), public investment objectives in the construction of housing for rent, exclusively to young specialists from these fields of activity. (2) The necessity and appropriateness of the construction of housing constructions for young people for rent, provided in par. (1), shall be established by pre-feasibility studies promoted and approved by the central public administration authorities, studies to be transmitted to the National Housing Agency. Pre-feasibility studies shall be financed from sources provided with this destination in the own budgets of the central public administration authorities concerned or from other legally constituted sources. (3) In the elaboration of the pre-feasibility studies provided in par. (2) model architectural solutions for the realization of housing, which is carried out through the care of the Ministry of Development, Public Works and Housing and can be made available to applicants by the National Agency for Housing. (4) For the realization of dwellings intended for rent exclusively to young specialists in education or health, the central public administration authorities shall be responsible for the provision of land under the conditions laid down in art. 2 ^ 1 para. ((1). Land that is not in the public property of the State may be made available under the conditions of change, in advance and accordingly, of the legal regime of the property on them, by their passage, according to the organic law, in the public domain of the state and in the administration of the respective central public administration authorities or, as the case may be, in the administration of institutions subordinated to or under the coordination of these authorities, Art. 24 ^ 3. -(1) The National Housing Agency acquires feasibility studies provided for in art. 24 ^ 2, for the realization of construction of housing for young people for rent, which will be subject to approval according to the law. (2) Financing of the studies provided in par. (1) shall be ensured from allowances from the state budget, provided with this destination by the budget of the Ministry of Development, Public Works and Housing, approved under the law. Art. 24 ^ 4. -(1) Housing for young people for rent, made under the conditions of art. 24 ^ 2, by exception to the provisions of art. 6 ^ 2 para. ((2), are the exclusive object of public property and cannot be alienated. (2) Rent of dwellings provided in par. (1) shall be made in compliance with the provisions of 6 ^ 2 para. ((4) and (5). Art. 24 ^ 5. -(1) Distribution of housing for young people for rent, built and put into operation through the programs carried out by the National Agency for Housing according to the provisions of art. 24 ^ 2 -- 24 ^ 4, is made according to criteria established and adopted by the central public administration authorities of education or health, as the case may be, which take over the respective dwellings, with the opinion of the Ministry of Development, Public Works and Housing, according to art. 6 ^ 2 para. ((3). (2) In order to establish the priority in the distribution of homes for rent exclusively to young specialists in education or health, according to par. (1) Specific criteria may be adopted, in addition to those provided for by the framework criteria. Art. 24 ^ 6. -Rental contracts, sales contracts, as well as any other acts concluded in violation of the provisions of art. 24 ^ 4 and 24 ^ 5 are hit by absolute nullity. The detection of these cases and the complaint of the courts for the finding of nullity and the restoration of the previous situation are made through the care of the ministries that coordinate the activities in the field of education Art. 24 ^ 7. --(1) At the request of the institutions of the national defense sector, public order and national security, of other institutions of the central public administration, of the local public administration authorities, as well as of legal persons with private capital, the National Housing Agency can develop private property housing construction programs through mortgage credit, intended exclusively for their staff, through conventions concluded with it. (2) The need and opportunity of the construction of housing constructions provided in par. (1) shall be established by pre-feasibility studies promoted and approved by the institutions and/or central or local public administration authorities concerned, as well as by legal entities with private capital, studies to be transmitted to the Agency National Housing. Pre-feasibility studies shall be financed from sources provided with this destination in the own budgets of institutions and/or central or local public administration authorities concerned and, where appropriate, from the budgets of legal entities with private equity. (3) In the elaboration of the pre-feasibility studies provided in par. (2) model architectural solutions for the realization of housing, which can be made available to applicants by the National Housing Agency, or, as the case may be, are envisaged to provide technical projects and details of execution by applicants, subject to their approval in the Technical-Economic Council of the National Housing Agency. The general designer of the works will support the approval of feasibility studies and, as the case may be, of technical projects and execution details in the Technical-Economic Council of the National Housing Agency. (4) For the realization of dwellings provided in par. (1), applicants shall be responsible for the making available of land, free of any task, by giving free use to the National Housing Agency, until the construction of the respective housing works is completed, so that the regime their legal basis to ensure the category of use provided for in the urban plans and the approved pre-feasibility studies. The land related to the construction of dwellings shall be transmitted separately from those intended for the realization of utility networks and technical-urban facilities necessary to ensure the living conditions. (5) In acts of land transmission according to the provisions of par. ((4) and in accordance with the legislation in force shall be compulsorily recorded: a) the right of the National Housing Agency for free use of land during the realization of investments; b) the way of awarding the land related to the construction of housing to the holders of the ownership of the dwellings-by sale, concession or, as the case may be, put into use for the entire duration of the construction-, the owner of the land having the obligation to decide and to communicate to the National Housing Agency their price or, as the case may be, the amount of the fee or fee established according to the (6) If the holder of public or private land of the state or administrative units is not empowered or cannot meet the conditions specified in par. ((5) lit. b), the making available of land is made under the conditions provided by art. 2 2 ^ 1. (7) Analysis of requests for construction of personal property by mortgage loan provided in par. (1) shall be made by the National Housing Agency on the basis of requests, data and information in the records of applicants. For this purpose it will establish, through the convention concluded with the institutions and/or with the public administration authorities, respectively with the legal entities with private capital, the method of receiving the necessary requests and the necessary documents. " + Article II (1) Youth housing for rental, built by investment programs at national level, in accordance with the provisions Law no. 152/1998 on the establishment of the National Housing Agency, with subsequent amendments and completions, which were received and registered as fixed assets in the public property of the administrative units until the date of entry into force of this law, with the exception of those built and intended exclusively for the rental of young specialists in education or health, pass, under the conditions of organic law, in the private property of the state and remain in the administration of local councils of the administrative-territorial area in which it exercises its authority. ((2) Housing built and intended exclusively for the rental of young specialists from education or health through investment programs at national level, in accordance with the provisions Law no. 152/1998 , with subsequent amendments and completions, which were received and registered as fixed assets in the public property of the administrative-territorial units until the date of entry into force of the present law, as well as the land related to them, where appropriate, pass, under the conditions of organic law, public property of the State and in the administration of central public administration authorities in the field of education, respectively in the field of health or in the administration of establishments subordinate or under the coordination of these authorities, according to ((3) Housing for young people for rent, under execution by investment programs in accordance with the provisions Law no. 152/1998 , with subsequent amendments and completions, which were not received and were not registered as fixed assets until the date of entry into force of this law, follows the legal regime provided by Law no. 152/1998 , with subsequent amendments and completions, as amended and supplemented by this law. Regulation of the legal regime of land related to housing is done properly, according to the law. + Article III Within 30 days from the date of entry into force of this Law, the Methodological Norms for the implementation of the provisions will be updated Law no. 152/1998 on the establishment of the National Housing Agency, approved by Government Decision no. 962/2001 , with subsequent amendments and completions. + Article IV Law no. 152/1998 on the establishment of the National Housing Agency, published in the Official Gazette of Romania, Part I, no. 265 of July 16, 1998, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Article V The date of entry into force of this Law shall be repealed Government Ordinance no. 35/2007 to amend and supplement Law no. 152/1998 on the establishment of the National Housing Agency, published in the Official Gazette of Romania, Part I, no. 574 574 of 22 August 2007. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, April 8, 2008. No. 89. ----