133 of July 18, 2012 approving Government Emergency Ordinance no. 64/2010 amending and supplementing Law no cadastre and real estate advertising. 7/1996
Official Gazette no. 506 of July 24, 2012
Romanian Parliament adopts this law.
To approve Government Emergency Ordinance no. 64 of 30 June 2010 amending and supplementing Law no cadastre and real estate advertising. 7/1996, published in the Official Gazette of Romania, Part I, no. 451 of 2 July 2010, the following changes and additions:
1. In Article I, paragraph 1, letters b) - d) of paragraph (1) of Article 1 shall be amended to read as follows:
"b) Disseminate real estate rights, personal rights, acts and legal facts, and any other legal relationships, the land registry;
c) provision of data to the state public institutions needed tax system and real estate market;
d) contribute to ensuring real estate transaction security and facilitate mortgage. "
2. Article I, section 1 (2) - (5) of Article 1 shall be amended to read as follows:
"(2) The cadastre carried identification, measurement, description and cadastral registration of real estate documents and representation on maps and cadastral plans.
(3) land Registry entries include descriptions of buildings and real estate related rights, personal rights, acts, facts or legal relations connected with buildings.
(4) Evidence of buildings entered in the cadastral plan and land book is done and updated its own initiative or at the request of interested persons on the initiative of public authorities. public authorities and right owners of the buildings have an obligation to support the creation and updating cadastre by providing free information and data held. local authorities are obliged to support the informational, technical and otherwise, within the powers at creating and updating cadastre and land registry system.
(5) The estate, under this law, means land with or without buildings, in the territory of administrative-territorial units belonging to one or more owners, who are identified by a unique cadastral number. "
March. in Article I, section 1, paragraph (5) of Article 1 insert a new paragraph (5 ^ 1) as follows:
"(5 ^ 1 ) the building defined in par. (5) falls into a land registry. "
4. In Article I, paragraph 1 (6) of Article 1 shall be amended to read as follows:
" (6) The basic entities of this system are property and owner. "
5. In Article I, section 1 (7) of Article 1 is repealed.
6. In Article I, section 2 (1) and (2) of Article 2 is amended to read as follows:
"Art. 2. - (1) The cadastre is done at the administrative-territorial units on land sectors. Cadastral sector unit area is bounded by beams stable over time - roads, rivers, canals, dams, railways, etc.
(2) integrated cadastre and land registry to:
A) identification, description and cadastral registration documents of the buildings by their nature, measurement and representation on cadastral maps and plans, as well as computer data storage media;
B) identification and registration of owners, contractors and other legal holders and holders;
C) provide the necessary data system of taxes for the correct tax liabilities of taxpayers requested by the competent authorities;
D) real estate advertising, which provides real estate enforceability of rights, personal rights, acts and legal facts and legal relations subject to any publicity relating to property. "
July. in Article I, after point 2, three new points, points 2 ^ 1-2 ^ 3, as follows:
"2 ^ 1. Article 3 (3) is amended to read as follows:
"(3) subordinate field offices, in each judicial districts will operate at least one of cadastre and land registry office, 'the territorial office, or, where appropriate, a public relations office, as units without legal personality. The organization and operation, number and their assignation on administrative units are established by normative character of the Director General of the National Agency. "
2 ^ 2. In Article 3, paragraph (3) three new paragraphs (3 ^ 1) - (3 ^ 3), as follows:
"(3 ^ 1) In order to specialize cooperation relations between administrative unit -territorial, courts, public notaries and the National Agency or, where applicable, the territorial office, mayor, president of the court or the Supreme Council of Magistracy and the President of the National Union of notaries public in Romania or the Chamber of notaries public provision established by the persons in the their specialty who work directly with the National Agency or, where appropriate, territorial office, as determined by the cooperation protocol signed between the National Agency and the aforementioned institutions.
(3 ^ 2) In fulfilling their obligations, public institutions and public notaries will have direct access permanently or through a representative or online land books in electronic format in order to obtain electronically extracts land registry and transmission of documents handled in order to incorporate them in the land. National Agency will ensure that by 31 December 2012 implementing them. The procedure of documents to and from the field offices will be established through cooperation protocol approved by decision of the National Union of Notaries Public in Romania and by order normative Director General of National Agency protocol that will be published in the Official Gazette Romania, Part I.
(3 ^ 3) Providing online services of cadastre and land registration can be made available to other natural and legal persons concerned in accordance with procedures established by normative order of the Director general of the Agency national. "
2 ^ 3. In Article 3, paragraph (4) shall be amended to read as follows:
"(4) Subordinated National Agency National Center for Mapping works as a legal entity that takes over the entire assets and personnel of the National Centre of Geodesy, cartography, Photogrammetry and Remote Sensing. ' "
8. Article I, paragraph 3, letter p) of Article 4 shall be amended to read as follows:
" p) provides continuous training and staff training through the Center for National Vocational training Agency, unincorporated institution, the Romanian Notarial Institute or other authorized entities; "
9. in Article I, paragraph 4 p ^ 1) of Article 4 shall be amended to read as follows: | || 'p ^ 1) achieved, maintains and manages national electronic register of nomenclatures street; "
10. Article I, section 5, Article 4 ^ 1 is amended to read as follows:
" Art. 4 ^ 1. - (1) Nomenclature Street be approved by decision of the local council are held every village and is primary evidence used to award unitary street name and number administration.
(2) national electronic register of nomenclatures street is unique reference system at national level, they are listed nomenclatures street from the villages, towns and municipalities. Registry is required to use by institutions and central government and local authorities in the specific activity. National Agency provides public institutions and authorities, notaries public and freely accessible to the registry.
(3) Local authorities are obliged to provide and update information on the nomenclature of its own private street in the electronic register of nomenclatures street.
(4) Changing the administrative address of the building is marked in the land. Notwithstanding the provisions of art. 50 para. (1) noting the conclusion of ordering administrative address change is communicated only at the request of the person concerned. "
11. Article I, Section 7 (4) and (5) of Article 5 is amended to read as follows:
"(4) database management in para. (3) is performed by the National Agency and local offices. Cadastral consulting and legal situation of a building registered in the database can be done by any person using the identification data of the building.
(5) Applications for enrollment, as well as for information may also be made in electronic format, being recorded and processed with equivalent legal effect. Communications rulings, statements, copies of documents or plans can be made electronically or on paper, as requested. "
12. In Article I, after point 7, two new points paragraphs 7 and 7 ^ 2 ^ 1, as follows:
"7 ^ 1. Article 6 is amended to read as follows:
«Art. 6. - The institutions of defense, public order and national security can execute with its own specific field of activity, the work of cadastre, geodesy, gravimetry, surveying, photogrammetry and cartography necessary for defense, public order and national security, according to the rules technical and our standards, approved by order of the leaders of these institutions, with the approval of the National Agency. "
7 ^ 2. Article 7 shall be amended to read as follows:
«Art. 7. - geodetic and cartographic data of interest for defense, public order and national security is maintained, as appropriate, the competent institutions according to the industry. ''
13. Article I, Section 8 is amended to read as follows content:
. "8 In Article 8 (3), (5) and (15) is amended to read as follows:
"(3) Rates and proceeds referred to in paragraph. (2) a) and b) are not subject to VAT in accordance with Art. 127 par. (4) - (6) of Law no. 571/2003 regarding the Fiscal Code, as amended and supplemented. These provisions apply to all charges, fees and notary fees charged exclusively under systematic cadastral works carried out in order to enter in the land. Payment of fees and charges for the issuance of certificate of registration in the land register as the owner and possessor to debate the succession procedures required to complete systematic registration is done by the National Agency of amounts allocated from the state budget for this purpose. The amount of fees and charges that will be levied separately for each procedure provided for in the preceding sentence shall be established by the Protocol concluded between the National Agency and the National Union of Notaries Public in Romania. Protocol shall be approved by normative order of the Director General of the National Agency and the decision of the Board of the National Union of Notaries Public in Romania and published in the Official Gazette of Romania, Part I. ..
(5) Fees for applications for the supply of services provided by the National Agency and its subordinated units may be levied by public notaries and the National Agency on behalf chitanţierele provided by it or on tax receipts, according to a commission established through negotiation between the National Agency and the National Union of Notaries Public, negotiation will be subject to the cooperation protocol on how to conduct operations real estate advertising in the application of this law.
(15) The Programme establishes national cadastre and land registry in order to issue certificates for registration in the land register of holders as owners and, where appropriate, the succession debate, to draw up cadastral documentation and recording system free buildings integrated cadastre and land registry. " '
14. Article I, section 8 after two new points, 8 points and 8 ^ 2 ^ 1, as follows:
" 8 ^ 1. In Article 8, after paragraph (15), insert a new paragraph (15 ^ 1) as follows:
"(15 ^ 1) The program referred to in para. (15) is based on the National Agency strategy approved by the Board and the financing of expenditure on its implementation are provided from the state budget provided in par. (2) and from other financial sources allocated from the administrative-territorial units or from international sources. "
8 ^ 2. In Article 8, paragraph (16) shall be amended to read as follows:
"(16) The bodies and central government authorities, administrative units and other legal persons concerned with financial resources for implementing the program set par. (15) will conclude cooperation agreements with the National Agency on specifications, methods of approval, verification, reception and registration in the land register and on the use of this information. Natural and legal persons interested shall conclude a financing agreement under the law. ' "
15. Article I, section 9 (17) Article 8 is amended to read as follows:
"(17) The technical specifications contained in the documentation of procurement of papers are approved for compliance with the specific regulations of the National Agency before initiating procurement procedures, under penalty of not giving notice of commencement of work, respectively rejection of the reception. They shall not make payments to the literature produced in violation of the above. "
16. Article I Section 10, Chapter III designation is amended to read as follows:
"Chapter III Organisation of systematic cadastral
in order to enter in the land"
17. Article I, Section 11, Article 9 is amended to read as follows:
"Art. 9. - (1) The technical function of the cadastre is performed by determining, based on measurements, position limits of neighboring buildings. Works the measurements are executed by any means graphic, numeric, or combined photogrammetric.
(2) determine the area of land cadastral documentation and construction, resulting in measurements.
(3) within cadastre economic function highlights the technical elements necessary to determine the taxable values of properties or, where appropriate, duties or taxes for these properties.
(4) the legal function of the cadastre is achieved by identifying the owners, respectively holders of real estate and registration in the cadastral records in order entry in the land register. "
18. Article I, Section 12, Article 10 is amended to read as follows:
"Art. 10. - (1) Commencement of systematic registration shall be established by order of the Director General of the National Agency, published in the Official Gazette of Romania, part I, and include the identification of administrative-territorial unit and sector or, where applicable, sectors cadastral work to be carried out.
(2) the detailed procedure for achieving systematic cadastral works in order to enter in land book normative approved by order of the Director general of the National Agency, to be published in the Official Gazette of Romania, Part I, and comprises the following main steps:
a) notifying owners or holders and other holders, as appropriate, regarding the commencement of works through public information campaign, organized and carried out at national and local
b) identify the boundaries of administrative-territorial unit;
C) establishment of cadastral sectors;
D) the integration of the person authorized to perform cadastral works all technical and legal information taken from the territorial office, public authorities and institutions or other natural and legal persons;
E) identify sites within the sectors of real estate cadastre;
F) identifying the actual rights holders, holders and other holders and to take original documents or certified copies thereof;
G) sensing chamber of notaries public by the territorial office, inheritances nedezbătute, the allocation of succession case competent notary public;
H) updating the information collected in the field with the sporadic registration and cadastre preparation of technical documents;
I) technical documents cadastral reception by the territorial offices;
J) the publication and display, under the law, technical documents cadastral;
K) recording and resolving complaints on the quality of the owner or requests to rectify the cadastre technical documents published and displayed;
L) modify the content of the technical cadastral documents, following the resolution of requests for correction and updating registration records as works in the land cadastre and on demand in the period display;
M) issue of the notary public certificates for entry in the land register of holders as owners;
N) Closing of systematic cadastre in order to enter in the land;
A) opening new land registers;
P) closure of old records by order of the Director General of the National Agency, to be published in the Official Gazette of Romania, Part I;
R) notification of the conclusion of enrollment, land book extract for information and extract the new cadastral plan;
S) archiving underlying cadastral works and registration in the land register.
(3) The technical work is done using cadastral boundaries plotting the administrative-territorial units and the buildable limits held by regional offices. Boundaries of administrative-territorial units are designated and marked by the boundary commission, established for this purpose by order of the prefect. Delimitation of territorial-administrative units is materializing on the ground limits recognized by them under the law. Rules of organization and operation of the boundary commission approved by order normative Managing Director of the National Agency, to be published in the Official Gazette of Romania, Part I.
(4) boundaries mentioned in the minutes signed by the members of delimitation commission provided under paragraph. (3) and mutually recognized by representatives of administrative-territorial units are official and are used in the work of public authorities and institutions and local.
(5) Where the boundaries of administrative-territorial units are challenged to final and irrevocable settlement of disputes are to be decided, public authorities and institutions and local limits will be used administrative-territorial units used in regional offices reception work of cadastral documentation and registration in the land register.
(6) Where the boundaries of administrative-territorial units are uncontested, they remain final and official limits that are administrative units.
(7) Change territorial limits of administrative-territorial units the establishment, re-establishment or reorganization of administrative-territorial units, organized according to the law.
(8) Work specialized normative established by order of the Director General of the National Agency can be executed by persons authorized for this purpose:
A) of the mayor's specialized apparatus;
B) the level of county structures with legal personality of the associations of local authorities, recognized as a public utility;
C) of the National Centre for Cartography.
(9) As part of systematic registration in the cadastre and land register, the graphic representation of the buildings previously recorded in the cadastral plan or topographic and land book can be corrected without the consent of the owners, where it does not coincide with the actual situation found in the field.
(10) during the execution of systematic registration, clearing surfaces, material errors and positioning errors of buildings for which title deeds were issued under the laws of restitution of land ownership can be achieved respectively corrected with the consent of the owner in question, expressed scored notarially attested notary, taking into account the facts and based on the plot plan modified by the person authorized to perform cadastral works.
(11) parcels, as amended plan be approved by decision of the local board to establish ownership of land after resolving complaints. If the title to property acquired through was estranged from enrollment in technical documents cadastral and land book will be sufficient to submit the last document proving the real rights regarding the property in question.
(12) The systematic registration works in the land surfaces results from measurements fall. "
19. Article I, Section 13, Article 11 is amended to read as follows:
"Art. 11. - (1) The technical documents of the cadastre land is prepared for each sector and highlights the facts found by the committee that hosted the cadastre and registration forms the basis of the records office buildings cadastre and land registry. Technical documents are:
A) the cadastral plan;
B) cadastral register of buildings;
C) the alphabetical list of real property rights holders, the owners and other owners.
(2) public authorities and institutions and local obliged to provide the National Agency, free data, information and certified copies of documents relating to information systems specific to their areas of activity, for systematic cadastral work to Join in the land.
(3) The mayor of the territorial administrative unit in which the proceedings are conducted cadastral shall notify holders buildings through display advertising and other means, with respect to their obligation, namely:
A) to allow access specialists to perform measurements;
B) to submit legal documents relating to property;
C) identifying the building limits with teams that perform specialized work;
D) to verify the information regarding the buildings they own in the step of publishing technical documents land.
(4) In pursuit of systematic registration of cadastre, administrative-territorial unit secretary will communicate within 30 days from the death of a person, chamber of notaries public in whose territorial deceased had last home a referral for opening the succession procedure, which will include:
A) name and personal number of the deceased;
B) died while in format day, month, year;
C) date of birth in the format day, month, year;
D) the last domicile of the deceased;
E) movable or immovable property of the deceased registered in tax records or, where appropriate, in the agricultural;
F) data about possible successor, format full name and address where is quoting.
(5) The duty under par. (4) may be delegated by the Secretary mayoralty one of registrars.
(6) The mayor will pursue these tasks by city hall secretary or, where appropriate, justice of the peace delegation, and appropriate disciplinary sanctions will apply.
(7) Failure tasks under par. (4) draws disciplining and contravention of the person responsible.
(8) If the owners, possessors or other holders not present, identifying the limits of the buildings will be done in their absence. Mayor administrative-territorial unit, the departments of the specialized system, issue certificates and free supplies of the works teams of systematic cadastral data and information contained in:
A) agricultural register;
B) records nominal unique role;
C) nomenclature Street;
D) lists of the following data: name, social security number or, where applicable, tax identification number, home address for individuals or name, registered address and tax ID or, where appropriate, the unique registration for legal persons;
E) any other information and records that might be needed for the systematic cadastral work in order to enter in the land.
(9) Commission conducting cadastral works and identifies owners, possessors or other holders is made up of representatives of the person authorized to perform cadastral works and at least one representative of the territorial-administrative unit. The reception is performed by technical specialists of the territorial office. Reception Committee will be appointed by order of the Director General of the National Agency will check and systematic cadastral work performed. This verification will be done in stages, cadastral sectors before the end of cadastral works in the administrative-territorial unit, to the extent that completed the authorized person of the administrative-territorial unit or a part thereof. After receiving technical documents cadastral territorial office will send local public authority to publish, to be disclosed to interested platform to request possible corrections or appeals thereof.
(10) representatives authorized person performs work the land, which is to identify and measure the buildings, take a certified copy of the documents, processes the data obtained and prepare technical documents cadastral land for each sector separately. Certified copies of documents will be taken only if there is archive territorial office or city hall.
(11) The representatives of the authorities and public institutions, autonomous administrations and the companies owned partially by the state and other entities that own land management, state-owned Romanian or administrative-territorial units are obliged to participate in the identification and measurement of the buildings concerned.
(12) Mayor administrative-territorial unit, the departments of the specialized apparatus thereof, identify the owners, possessors or other holders of the buildings and provide necessary information and records held by the town hall, through the issuance of certificates or any necessary documents systematic cadastral work.
(13) The mayor shall countersign technical cadastral documents previously received by the territorial office in order to certify the veracity of information regarding the property and the owners, possessors or other holders, which were supplied by him. Countersigning technical documents results in acquiring all cadastral data on land and buildings, and the removal of administrative procedures for issuing certificates confirming, such as tax certificate, certificate attesting to the existence of constructions and the like.
(14) Issuance of all necessary documents and technical documents cadastral countersigning by the mayor, the departments of the specialized apparatus are made within 30 days after filing the request.
(15) inspector checks the work on the land cadastre carried out by authorized persons.
(16) natural persons referred to in paragraph lists. (8) letter d) ensure the local community public services for People at the request of the mayors. "
20. Article I, section 14, Articles 11 ^ 1-11 ^ 3 is amended to read follows:
"Art. 11 ^ 1. - (1) A person who possesses a property owner undisputed that will be registered in the land on the basis of facts certification procedure performed by a notary public, a procedure that is that the holder is considered the owner.
(2) Declare that the holder is known as the owner of the property based on possession exercised under the owner's name undeniable, is fulfilled by the notary public, upon notification territorial office through the certificate for registration in the land register as the owner of the holder under which ownership is tabulated.
(3) If the display period to lodge an appeal on the quality of the owner, and it is accompanied by evidence of referral to the court, on the subject of the appeal, the Office will not prompt notary public certificate issue provided in par. (2) the registrar proceeding under par. (4). An appeal may be made only on the quality of the owner and the lack of proof that he addressed the opposing draw reject the appeal court by the territorial office and request to this issue. Issuing the certificate by the notary public is made after the deadline for resolving complaints concerning owner or requests for rectification at the request of the territorial office and the following documents attached certified copy of the application:
A) certificate showing that:
(I) to fulfill the procedure for displaying technical documents that are part of cadastre information about the property and their owners, and that the owners were not right;
(Ii) have not filed motions or request for correction regarding possession;
B) cadastral plan of the land sector in which the property is situated, drawn up by the person authorized to perform cadastral works, verified and endorsed by the territorial office;
C) certificate issued by the city in whose jurisdiction the property is situated, to the effect that:
(I) the holder is known to hold the property as the owner's name;
(Ii) the property is not in the public domain or has not been entered in the records as being in the private domain of the State or territorial administrative units;
D) affidavit of the owner, once authenticated, by which he declares that:
(I) possess property as the owner's name;
(Them) or not married; if married, will specify the matrimonial regime;
(Iii) has not alienated or encumbered property;
(Iv) the property was not removed from the legal circuit;
(V) the property is not subject to any dispute;
(Vi) the property is owned or not the odds-parties; if the property is owned by quotas-parts, all owners will declare the extent of quotas;
(Vii) document proving the possession comes from its signatories; if there is proof document will state that does not have and is not aware of the existence of such a document;
E) document proving the possession, regardless of the form it is written, where one exists;
F) copy of the identity and civil status documents.
(4) If the right holder is challenged or public notary refuse to issue the certificate referred to in para. (2), proceed to noting factual possession in favor of the holder, according to the documents provided in par. (3) and the notation recorded opposition and of civil action before the competent court or, where appropriate, to reject the conclusion notary. In this case, the territorial office of the court will submit technical documents related to the land concerned.
(5) In the case under para. (4) ownership will be tabulated later in the following conditions:
A) automatically on the expiry of a period of 5 years from the time notation in the land, if not rated any litigation challenging the entries in the land registry;
B) upon request, based on the property deed, a certificate required by paragraph. (2) or pursuant to the judgment final and irrevocable.
(6) liability for the authenticity and veracity of the documents and procedures underlying the issue of the certificate of registration in the land registry office holder's responsibility as owner and, where appropriate, the person authorized to perform cadastral works or mayor.
(7) The procedure stating that the holder is considered the owner is established through protocol concluded between the National Agency and the National Union of Notaries Public in Romania. Protocol shall be approved by normative order of the Director General of the National Agency and the decision of the Board of the National Union of Notaries Public in Romania and published in the Official Gazette of Romania, Part I.
(8) Para. (1) - (6) does not apply to buildings from the state or territorial-administrative unit, falling under legal documents provided by law.
(9) Para. (1) - (6) applies to buildings owned fenced areas, apart buildings that were the subject of restitution laws.
(10) In the case of buildings whose owners, holders or other owners can not be identified when conducting cadastral works in the office, ownership will be registered for provisional administrative-territorial unit. In this case, the ownership will be tabulated later, upon request, based on documentation which shall include:
A) identification building in the cadastral plan in order to certify that the property deed corresponds to that in plan;
B) document proving ownership;
C) certificate attesting that the building is registered in tax records or, where appropriate, in the agricultural, issued by the mayor of the territorial administrative unit where it is located this house.
Art. 11 ^ 2. - (1) technical documents for each sector cadastral displays by care territorial office at City Hall administrative-territorial unit in question. In regions transcriptions and inscriptions estate holders tasks included in the old registry offices will require transcription of their land registers, within 30 days from the display. By means tasks mortgages, privileges, injunctions, seizures, litigation and any legal documents entered in the old registry offices.
(2) Applications for rectification of technical documents of the cadastre shall be made within 30 days of the impression in writing and accompanied by supporting evidence. The territorial office rectification process applications within 30 days of the end of the display period, the report which forms part of the conclusion of the automatic registration in the land register. For settling claims for rectification, representatives of the person authorized to perform cadastral works cooperate with representatives of administrative-territorial unit, the Chamber of Notaries Public and territorial office.
(3) The land registry may be challenged by a complaint within 15 days of the communication. The provisions of art. 50 para. (2 ^ 1) and (2 ^ 2) shall apply accordingly.
(4) registration in the land register is in office, after completion of cadastral and land registry for each sector after the expiry of processing requests for rectification of technical documents of the cadastre, according to a regulation approved by order of the Director General of National Agency. Director General of National Agency may issue instructions on how to work within the cadastral works.
(5) The responsibility for the accuracy of the technical documents of the cadastre and their correspondence with reality on the ground and to identify the boundaries of the buildings according to legal documents made available to holders responsibility of the person authorized to carry literature.
Art. 11 ^ 3. - (1) After the opening of the office property registers, transcriptions and inscriptions registers, land registers and other records of cadastre and land registry will replace the cadastral sectors concerned with land cadastral plan and new books. The old records are kept in the archives of the District Office and may be consulted for history. Identification and numbering of buildings included in the property titles issued under the laws of land or other property documents, plans and other land records and cadastre and real estate publicity preceding the opening of new land books become obsolete.
(2) tasks that are settled by the deadline or for any other reason will not be entered in land books, and if have registered, they will be deleted at the request of the building owner, to any interested person or ex officio .
(3) In the case of buildings registered in the land register following the completion of systematic registration in the respective administrative-territorial unit, proof of ownership is the land book extract. Proof delimitation of a building to other buildings only with extract from the cadastral plan. "
21. Article I, section 18 (4 ^ 1) of Article 18 shall be amended to read as follows content:
"(4 ^ 1) seniority land registry office of the registrar or assistant registrar in the position of principal is legal experience, provided the person concerned has specialized higher law." | || 22. in Article I, after point 19, two new points, 19 points ^ 2 ^ 1:19, as follows:
"19 ^ 1. In Article 18, after paragraph (7) introduces three new paragraphs (7 ^ 1) - (7 ^ 3), as follows:
"(7 ^ 1) Employees of the National Agency and the units they are forbidden to handle cases in which beneficiaries are her or husband / wife, relatives up to the third degree, legal persons that they or one of the aforementioned persons qualifying as shareholders, associates, officers or directors, and causes concern the documentation prepared by them prior acquisition quality of employee of the institution of freelancers who are husband / wife, relative or in-law up to the third degree with them or legal persons authorized to which they or one of the aforementioned persons hold capacity as shareholders, associates, officers or directors.
(7 ^ 2) Where is the one laid down in para. (7 ^ 1) the employee is required to abstain and to immediately notify in writing the lead institution for the distribution of the paper to another person.
(7 ^ 3) Employees of the National Agency and the units are forbidden to execute, as freelancers or legal experts, specialized works such as those referred to in art. 4 letter a) and b). "
19 ^ 2. Article 19 (1), introductory part and point b) of point A shall read as follows:
«A. Part I, concerning the description of buildings, which will include the elements outlined in cadastral documentation: ..
B) the real estate area, based on cadastral measurements, destination, use categories and, where appropriate, construction. Content documentation relating to sealing and to change the category to use the buildings to be entered in the integrated cadastre and land register shall be determined by regulations approved by order normative character of the Director General of the National Agency, to be published in the Official Gazette of Romania, Part I. ' "
23. in Article I, after point 20 introduces a new point 20 ^ 1, as follows:
" ^ 20 1. Article 19 (1) B, after e), three new letters, letters e ^ 1) - e ^ 3), as follows:
"E ^ 1) overlap buildings registered in the land book cadastral plan reception dismantling or merger proposal and its rejection, refusal of acceptance and / or registration in case of buildings with open land book;
E ^ 2) obligations not to do: prohibitions of alienation, encumbrance, lease, dismantling, consolidation, construction, demolition, restructuring and planning;
E ^ 3) the building perpetuity clause, according to art. 628 par. (2) of the Civil Code, and the imperceptible clause, according to art. 2,329 par. (3) of the Civil Code. ' "
24. Article I, section 21, paragraph a) of subparagraph C of paragraph (1) of Article 19 shall be amended to read as follows:
" a) right usufruct, use, utilization, habitation, leasing, management, servitudes to the charge subdued fund, mortgage and privileges estate and rental and assignment or revenue; ".
25. in Article I, after point 22 two new points, 22 points ^ 2 ^ 1:22, as follows:
"22 ^ 1. Article 20 (2) is amended to read as follows:
"(2) cases, conditions and legal status of these entries are determined by the Civil and procedure for registration in the land register, this Law and the regulation approved by order normative Managing Director of the National Agency. »
22 ^ 2. In Article 20, after paragraph (2) the following two new paragraphs (3) and (4) as follows:
"(3) Ownership and other real rights on real estate will be included in a book land on the basis of the authentic notarial or heir certificate, signed by a notary public office in Romania, the judgment final and irrevocable or based on a document issued by administrative authorities, in cases where the law provides, through which -They validly constituted or transmitted.
(4) Real rights enshrined under legal acts the parties have stipulated the termination or rescission based on lex commissioria re- garding is excluded on the basis of:
A) the authentic statements of the parties;
B) conclusion drawn in authentic form by notary public finds fulfillment termination clause;
C) final judgment. ' "
26. Article I, paragraphs 23 and 24 are repealed.
27. In Article I, after point 24, two new points , points 24 ^ ^ 2 1:24, as follows:
"24 ^ 1. In Article 45, after paragraph (7) the following new paragraph (8), as follows:
"(8) Operation sharing a building - condominium in several individual units called apartamentare. Operation sharing a single unit in several individual units called us subapartamentare. These operations are based on a cadastral documentation and the authentic instrument drawn up under the law. »
24 ^ 2. Article 47 (5) shall be amended to read as follows:
"(5) Entries in the land is carried out at the request of stakeholders, unless the law provides for the entry ex officio; application form will be sent to the territorial office in the constituency to which the property is situated. ' "
28. Article I, section 25 (1) of Article 48 shall be amended to read as follows:
" Art. 48. - (1) If the registrar accepts the application, has provisional registration by registering or closing, if the document meets the following conditions limiting:
A) is concluded with the form prescribed by law;
B) identify the correct name or parties and the code number, if assigned, tax identification number, tax ID or unique registration code, if necessary, assigned to them;
C) identifies the building through a number of land registry and cadastral or topographic number, if applicable;
D) is accompanied by a certified translation, if it is not prepared in Romanian. If notarial authentic instrument, it must be signed by a notary public office in Romania;
E) it is accompanied, where appropriate, a copy of the extract of the land registry for authentication, land book extract for information or certificate of tasks for drawing up the document, unless mention is made about them in the act;
F) is accompanied by proof of payment of the fee real estate advertising, except for exemptions established by law or unless proof fare collection is done according to procedures established by protocols concluded according to art. 8 paragraph. (5) and (6);
G) performance of other legal provisions established by special law, which is competent registrar verification. "
29. Article I, section 26 (1 1) of Article 48 is amended to read as follows:
"(1 1) the Director general of National Agency may delegate, by order, assistant registrars registrars main tasks."
30. in Article I, after point 26 shall be introduced a new point 26 ^ 1, as follows:
"26 ^ 1. In Article 48, after paragraph (3) insert a new paragraph (4) as follows:
"(4) final and irrevocable judgment that marked" according to the original "shall be communicated immediately on Office, District Office by the court which ruled last on the merits, in order to make entries arranged regarding the real rights tabulation, documents and legal facts and any legal relations subject to advertising on buildings registered in the land. ' "| || 31. Article I, section 27, Article 49 is amended to read as follows:
"Art. 49. - (1) If the registrar finds that the submitted documents justifying application for registration in the land register and the latter does not meet the formal requirements required by law for the validity of their claim is rejected by a reasoned.
(2) The registrar will reject the application for registration of the legal document whose absolute nullity is expressly provided by law or failure to special conditions laid down by regulations.
(3) About rejection shall be noted in the register entry in its registration and in the land. "
32. Article I, section 28 (2) Article 50 is amended to read as follows:
"(2) interested persons or notary public may request to review the formula conclusion admission or rejection within 15 days from notification, which shall be solved within 20 days by closing the chief registrar of the territorial office in the jurisdiction where the property is situated. In order to address the review request, the interested person may complete the record of the required documents at the request of the chief registrar. "
33. Article I, section 29 (2 ^ 1) and (2 ^ 2) of Article 50 is amended to read as follows:
"(2 ^ 1) Against the conclusion of chief registrar issued under par. (2) those interested or notary public may lodge complaint within 15 days from notice. Review request and complaint against the decision shall be submitted to the territorial office and entered the office in the land. The territorial office is obliged to forward the complaint to the court in whose jurisdiction the building is located, accompanied by the conclusion folder and copy the land register.
(2 ^ 2) The appeal against the decision may be made by notary public and those interested or directly to the court in whose jurisdiction the building is located, in which the court will ask the District Office Communication Office folder and copy conclusion land book and noting the complaint in the land. "
34. in Article I, after point 30 introduces a new point 30 ^ 1, as follows:
" 30 ^ 1. Article 54 is amended to read as follows:
«Art. 54. - (1) The notary public who has drawn an act by which it is transmitted, modified, or extinguished is a real estate right is obliged to request, ex officio entry in the land register. To this end, it will send the request for registration of the same act, the day of preparation or at the latest the next working day at the office in whose territorial activity is building. About exercising this obligation will be expressly stated in the act or, where applicable, the certificate of inheritance. Mention will be made if the goods in succession to open the land registry and cadastral documentation exists. The authentication of notary transmitting, modify, or constitute immovable property rights, public notary will request an extract from the land registry for authentication, which is valid for 10 days from the date of filing, or, where appropriate, a certificate of tasks. The authentication of notary that goes immovable property rights, and inheritance proceedings for the buildings registered in the land registry will require land book extract for information.
(2) During the period excerpt land for authentication, the registrar will not make any entry in the land, except that for which it was issued statement. The validity statement terminated by the deadline at the time of filing for registration of the notarial act for which it was issued or at the request of the notary public who requested statement.
(3) Applications submitted during the period of validity of land book extract for authentication on the property for which it was issued shall be settled in par. (2) after expiry of the statement, in the order and procedure provided by law.
(4) The court shall, within 3 days, final and irrevocable decision, constitutive or declarative on a real estate right at the field office in whose jurisdiction the land is situated activity.
(5) The court shall not proceed to debate the merits of the action on the abolition of the legal act subject to registration, if it was not previously inscribed for information in the land. ' "
| || 35. Article I, section 31 (1) of Article 55 shall be amended to read as follows:
"Art. 55. - (1) The ownership of the building in the land falls under the building permit and the minutes of reception on completion signed by the local authority or a certificate issued by the local authority area where the building is built and a cadastral documentation. "
36. Article I, section 32, letter a) of paragraph (1 1) and in points a) and b) of paragraph (1 ^ 2) of Article 55 shall be amended will read as follows:
"a) building permit or, failing that, a certificate, stating information on the building and its owner, according to tax records and, where appropriate, those in the agricultural register, issued by mayor administrative-territorial unit where the building is located;
A) certificate attesting the stage of the construction, the mayor issued administrative-territorial unit;
B) finding minutes on the stage of the construction; "
37. In Article I, after point 32, three new points, points 32 ^ 1-32 ^ 3, with follows:
"32 ^ 1. In Article 55, after paragraph (4) insert a new paragraph (4 ^ 1) as follows:
"(4 ^ 1) A natural person who borrowed under a contract concluded in authentic form, a sum of money for the acquisition of real estate is the real estate so acquired a mortgage loan back. »
32 ^ 2. In Article 55, after paragraph (8 ^ 1) insert a new paragraph (8 ^ 2), as follows:
"(8 ^ 2) The right mortgage is excluded under Art. 885 par. (2) of the Civil Code, except mortgages constituted in favor of central public administration authorities and local authorities, which can radiate under the agreement holder expressed through official document issued by the institution, bearing the signature of the institution or person delegated by him, number and date of registration. »
32 ^ 3. In Article 55, paragraph (11) shall be amended to read as follows:
"(11) The subrogated to the rights of the mortgagee or privileged may require relocation noting mortgage right or privilege under documents proving subrogation. '"
38. Article I, section 33 (1) of Article 58 shall be amended to read as follows:
"Art. 58. - (1) Where land restoration of property rights is based on plans that meet lots of old topographical maps, topographical numbers indicating the land registry parcels in areas subject to Decree Law no. 115/1938 for the Unification of the stipulations regarding land books and Decree no. 2.142 / 1930 for the operation of the central land books for railways and canals, entries relating to premises contained in the land books will continue to be made in these books with respect and in accordance with the provisions of this law, special laws for the reconstitution of the land tenure and civil Code, in which case pending general survey will only register the ownership, without any graphic representation thereof. If after checks by the cadastre office based land register and ortho plan, differences are found, the title deed will be registered in the land registry based on a cadastral documentation. "
39. Article I, Section 34, Article 58 ^ 1 shall be amended to read as follows:
"Art. 58 ^ 1. - (1) The first record of the buildings in the integrated cadastre and land registry and can be done under heir certificate or act of voluntarily sharing notarially attested, the legal partition and cadastral documentation.
(2) if the recording works in the land cadastre and made at the request of interested persons, if the surface from surface measurements is different from registered in the land of the cadastral documentation for which no previous open area of land registry or ownership documents, the request for reception and registration in the land register shall be settled as follows:
a) if the surface of the measurements is less then the surface measurements in the land falls under cadastral documentation and declaration of the owner;
b) if the area of measurement is higher by up to 10% including for land plot, and up to 5% for land outside town, the area of measurement in the land falls under cadastral documentation and declaration of the owner;
C) if the area of measurement is higher than the percentage set in letter b) will submit the certificate provided for in Art. 11 ^ 1 par. (2).
(3) The Director General of National Agency may issue instructions to establish administrative procedures for registration in the land surface measurements.
(4) If state ownership of the buildings and the administrative-territorial tabulation is done at the request of public or local institution driver, as appropriate, based on the documents of ownership, and in their absence, extracts from centralized inventory of those assets, certificates.
(5) For buildings public property of the administrative-territorial lack of property documents or extracts from those goods inventory, provisional registration may be ordered by the decision issued according to law by the county councils, the General Council Bucharest municipality or local councils.
(6) In the case of private property, the lack of land ownership documents at the request of interested persons will be able to register under the possession of the documents referred to in art. 11 ^ 1 par. (3).
(7) Real rights that may be acquired under usucapio acquired will remain valid, if the holder has possessed in good faith under the law for 5 years from the entry possession in the land. "|| |
40. Article I, paragraph 35 after four new points, points 35 ^ 1-35 ^ 4 as follows:
"35 ^ 1. In Article 61, paragraph (1) shall be amended to read as follows:
«Art. 61. - (1) If there is some difference between the areas listed in the ownership documents and the actual situation on the ground, resulting in measurements performed for the preparation of cadastre, the mayor will have notifying owners interested. "
35 ^ 2. Article 64 (2), after letter i) introduces five new letters, letters j) - n), as follows:
«j) failure by the administrative-territorial unit of the obligation to provide and update your own private street on the nomenclature, according to art. 4 ^ 1 par. (3);
K) failure to the Secretary territorial-administrative unit or by delegate to notify the competent public notaries sensing camera succession procedure for opening the deceased last address in the territorial administrative unit concerned;
L) refusal to sign or issue by the administrative-territorial unit of the documents needed for the cadastral works or to enroll in the land;
M) refusal to issue a tax certificate or certificate referred to in Art. 55 para. (1), (1 1) and (1 ^ 2);
N) refusal plot plan approval by the mayor. "
35 ^ 3. Article 64 (3) is amended to read as follows:
"(3) The acts in para. (2) a) and b) shall be punished with fine from 400 lei to 1,000 lei, while those under par. (2) c) -n) with a fine of RON 2,000 to RON 4,000 and / or suspend or withdraw the authorization to conduct literature. »
35 -4. In Article 65, paragraphs (3) and (4) is amended to read as follows:
"(3) degradation or destruction of landmarks, parts, leveling marks and signals of the national geodetic network, located in the basement, on the ground or on buildings or conservation measures to prevent the destruction of these goods is an offense and punished according to the provisions of the criminal Code.
(4) It is also an offense disorder and possession is punishable under the provisions of the Criminal Code, intentional change of ownership limits embodiments, the establishment or removal of border signs and markers marking the boundaries of the area railways, roads, canals, airports, ports, waterways, boundaries of cadastral boundaries, forestry, geology and mining, without the approval required by law. ' "
41. Article I, section 37, Article 67 is amended to read as follows:
"Art. 67. - Information systems specific areas of activity own ministries is made by the central authorities responsible for those areas. The central public authorities collaborate with the National Agency under the program referred to in Art. 8 paragraph. (15). "
42. In Article I, after point 37, two new points, 37 points ^ 2 ^ 1:37, as follows:
" 37 ^ 1. Article 68, paragraph (1) shall be amended to read as follows:
«Art. 68. - (1) Information on the national geodetic network, official maps, cadastre and real estate publicity is good information and are public property and are administrated by the National Agency by subordinate units. This information can be consulted and are available to any natural or legal charges. »
37 ^ 2. After Article 68 insert a new Article 68 ^ 1, as follows:
«Art. 68 ^ 1. - In compliance with regulatory requirements relating to the work of cadastre and land registry, the measures that are taken into account shall be determined by the protocol between the National Agency and the National Union of Notaries Public in Romania, protocol approved by order normative character of the Director General of the National Agency and decision of the Board National Union of Notaries public in Romania, to be published in the Official Gazette of Romania, Part I. ' "
43. Article I, section 38 (3) of Article 69 shall be amended to read as follows content:
"(3) Until 31 December 2020, holders of tasks in the registers transcriptions-inscriptions will request the opening of land books for the buildings in question, under this law, and transcription tasks available, free of pay the costs. "
44. in Article I, after paragraph 38, insert a new paragraph, paragraph 39, as follows:
" 39. In Article 69, after paragraph (3) insert a new paragraph, (3 ^ 1) as follows:
"(3 ^ 1) tasks that are settled by the deadline or any other reason will not It is registered in the land books, and if have registered, they will be deleted at the request of the persons mentioned in art. 11 ^ 3 par. (2) or in the office. ' "
45. Article II is amended to read as follows:
" Art. II. - Up to 31 December 2020 opening reception cadastral documentation and land registers will be done according to Law no. 7/1996, republished, as amended and supplemented, with exemption from charges, ex officio or upon request:
A) holders of real rights registered in the old registry offices;
B) holders of real rights registered in the land books open according to Legislative Decree no. 115/1938;
C) holders of real rights registered in the land books opened under Law no. 242/1947 and Decree no. 2.142 / 1930. "
46. Article III shall be amended to read as follows:
" Art. III. - The structure, organization and functioning of the national electronic register of street nomenclatures approved by Government Decision. "Article II
Within 15 days of the entry into force of this law documentations committee boundary, the minutes of boundary were not signed or were signed with objections from members of the delimitation shall be submitted to the prefect, by the National Agency, through its subordinate institutions. prefect in within 30 days of receipt of documentation boundary, initiate conciliation or otherwise notifies the administrative courts on the action on setting boundaries of administrative territorial units.
Law cadastre and real estate advertising no. 7/1996, republished in the Official Gazette of Romania, Part I, no. 201 of 3 March 2006, as amended and supplemented and amended and supplemented by this law, will be republished in the Official Gazette of Romania, Part I, giving a new numbering.
Article 23 of Law no. 50/1991 on authorizing the execution of construction works, republished in the Official Gazette of Romania, Part I, no. 933 of 13 October 2004, with subsequent amendments, (3) is amended as follows:
"(3) building land, highlighted in the plot, remove aside completely by the building permit. If the landowner wishes to set aside part of the land owned only, to carry out this procedure, the building will be accompanied by technical cadastral documentation. "
Local Public Administration Law no. 215/2001, republished in the Official Gazette of Romania, Part I, no. 123 of 20 February 2007, as amended and supplemented, supplemented as follows:
1. After Article 117 introduces a new Article 117 ^ 1, as follows:
"Art. 117 ^ 1. - (1) The Secretary shall notify the territorial administrative unit within 30 days of a datadecesului people, public notaries room in whose territorial deceased had last home, a referral for opening the succession procedure, which will include:
a) name and personal number of the deceased;
b) died while in format day, month, year
c) date of birth in the format day, month, year
d) last domicile of the deceased;
e) movable or immovable property of the deceased registered in tax records or, where appropriate, in the agricultural,
f) data about possible success the format name, surname and address where is quoting.
(2) the task in para. (1) may be delegated by the Secretary mayoralty one of registrars.
(3) The mayor will pursue these tasks by city hall secretary or, where appropriate, by justice of the peace delegation.
(4) Failure duty provided in par. (1) attract disciplinary sanctions and contravention of the person responsible, under par. (3). "
2. Article 118 (1), after e) introduces a new letter, f), as follows:
'f) failure to send in limit laid down in art. 1, paragraph 117. (1) the Board of notaries public the notification to open the succession procedure. "
This law was adopted by the Parliament of Romania, in compliance with art. 75 and art. 76 para. (1) of the Romanian Constitution. | || p. PRESIDENT OF THE CHAMBER OF DEPUTIES SENATE
Ioan Oltean Vasile Blaga
Bucharest, July 18, 2012.
Nr. 133. --------