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Law No. 219 Of November 19, 2012

Original Language Title:  LEGE nr. 219 din 19 noiembrie 2012

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LEGE no. 219 219 of 19 November 2012 for approval Government Emergency Ordinance no. 81/2011 on the passage of the National Agency for Cadastre and Real Estate Advertising under the Ministry of Administration and Interior under the Ministry of Regional Development and Tourism, as well as for the modification of some normative acts
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 789 789 of 23 November 2012



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 81 81 of 28 September 2011 on the passage of the National Agency for Cadastre and Real Estate Advertising under the Ministry of Administration and Interior under the Ministry of Regional Development and Tourism, as well as for the modification of some normative acts, published in the Official Gazette of Romania, Part I, no. 704 of 5 October 2011, with the following amendments and additions: 1. The title of the emergency ordinance shall be amended and shall read as follows: " EMERGENCY ORDINANCE on some measures for the organization of the National Agency for Cadastre and Real Estate Advertising, as well as for the modification of some normative acts " 2. Articles 1 to 6 shall be repealed. 3. In Article 7, the introductory part shall be amended and shall read as follows: " Article 7. -Law on 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, shall be amended and supplemented as follows: " 4. In Article 7, a new point shall be inserted before paragraph 1, with the following contents: " In Article 2, after paragraph 3, two new paragraphs are inserted, paragraphs 3 ^ 1 and 3 ^ 2, with the following contents: " (3 ^ 1) If a building is crossed by the demarcation limit between the intravilan and the extravilan of a locality within an administrative-territorial unit, that building will be separated into two buildings, for which cadastral numbers will be granted distinct, one for the portion of the intravilan and another for the one in the extravilan. (3 ^ 2) The rectification of the coordinates of the buildings registered in the cadastral plan can be made at the request of interested persons or ex officio, by the cadastre and real estate advertising office. "" 5. In Article 7, point 1 shall be repealed. 6. In Article 7, a new point shall be inserted after point 1, point 1 ^ 1, with the following contents: "" 1 ^ 1. In Article 3, after paragraph 7, a new paragraph (7 ^ 1) is inserted, with the following contents: " (7 ^ 1) Board members receive a meeting allowance, which is paid from the budget of the National Agency. The amount of the meeting allowance is approved by order of the Director General, at the proposal of the Board of Directors, and is 20% of the basic salary of the Director General. The Secretary of the Management Board shall receive a meeting allowance approved by the Management Board, at the proposal of the Director-General; its amount shall be 7% of the basic salary of the Director-General of the National Agency. "" 7. Article 7 (2) shall be repealed. 8. In Article 7, after point 3, 8 new points are inserted, points 3 ^ 1-3 ^ 8, with the following contents: "" 3 ^ 1. Article 8 (17) is amended and shall read as follows: " (17) The technical specifications contained in the contract award documentation for cadastre works, geodesy, cartography, photogrammetry, remote sensing and aeroshooting, established by order of a normative nature of the Director General of the The National Agency for Cadastre and Real Estate Advertising, published in the Official Gazette of Romania, Part I, are approved for compliance with the specific regulations by the National Agency, before the initiation of public procurement procedures, under penalty of failure to grant the opinion to start the works, respectively rejection of the reception request. The contracting authorities shall not make payments for these works drawn up without complying with the above. " 3 3 ^ 2. Article 10 (10) and (11) shall be amended and shall read as follows: " (10) On the occasion of the realization of the works of systematic registration of buildings for which property titles were issued according to the laws of restitution of land properties, if at the level of a tarlale is found, following the realization measurements, a surface deficit, the difference of land between the area inscribed in the deed of ownership and that existing in the land in that tarla can be allocated in another tarla within the administrative-territorial unit, with the consent of the owner in the case, expressed by entered in the authentic notary form, taking into account the situation in fact and on the basis of the plot plan modified by the person authorized to execute cadastre works. (11) The plot plan thus amended is approved by decision of the local commission for the establishment of ownership of land, after the resolution of appeals. If the building has been disposed of, the registration in the cadastral technical documents and the land register will be sufficient to present the last proving act of the real rights regarding the building in question. " 3 3 ^ 3. In Article 11 ^ 1, paragraph 9 is amended and shall read as follows: "" (9) Provisions para. ((1)-(6) does not apply to unfenced buildings located in extravilan that have been subject to the laws of the land fund. In this case, the surplus land remains at the disposal of the local commission for the establishment of land ownership, which can opt for the constitution of the reserve or assign land difference to those in the tarla, based on the ruling the commission, after settling any appeals. " 3 3 ^ 4. In Article 19, paragraph 1 is amended and shall read as follows: "" Art. 19. -(1) The land registry shall consist of the title, indicating the number and the name of the locality in which the building is located, as well as from 3 parts: A. Part I, relating to the description of the buildings, which shall include: a) the number of orders and the cadastral number of the property; b) the surface of the building, reemerged from cadastral measurements, destination, categories of use and, as the case may be, constructions. The final and temporary removal from the agricultural circuit of the buildings located in the approved intravilan according to the law is made by the building permit. The content of the documentation of final/temporary removal from the agricultural circuit, as well as the change of the category of use of the buildings located in the intravilan are established by regulation approved by order of normative nature of the director General of the National Agency, which is published in the Official Gazette of Romania, Part I. The final/temporary removal from the agricultural circuit and the change of the category of use of buildings located in extravilan are established by approved regulation by joint order of the Minister for Agriculture and Rural Development and the Director General of the National Agency, which is published in the Official Gazette of Romania, Part I; c) the plan of the property with the description of the property is the annex to Part I of the land book, drawn up according to the regulation approved by order of a normative nature of the Director General of the National Agency, which is published in the Romania, Part I; B. Part II, relating to entries for ownership and other real rights, comprising: a) the owner's name b) the legal act or legal act constituting the title of the property right, as well as the mention of the document on which this right is based; c) property displacement; d) the right of administration, the right of concession and the right of use free of charge, corresponding to public property; e) servituseful constituted for the benefit of the property; f) legal acts, personal rights or other legal relationships, as well as actions regarding property; g) the reception of the proposal for dismantling or merging and rejecting it, the rejection of the request for reception and/or registration, in the case of open land book buildings; h) obligations not to do; prohibitions of alienation, encumbration, rental, dismantling, merging, construction, demolition, restructuring and arrangement; i) the inaliability clause of the property, according to art. 628 628 para. (2) of the Civil Code and the insesizability clause, according to art. 2.329 2.329 para. ((3) of the Civil Code; j) any changes, entitlement or signings that would be made in the title, in Part I or II of the land book, regarding the entries made; C. Part III, relating to entries for the dismantling of property rights, the actual rights of guarantee and tasks, which shall include: a) the right of superficie, uzufruit, use, abitation, servituseful in charge of the serviced fund, mortgage and real estate privileges, as well as the location and assignment of the claim; b) legal acts, personal rights or other legal relationships, as well as actions regarding the actual rights entered in this part; c) seizure, tracking of the property or its income; d) any changes, entitlement or signings that would be made with regard to the entries made in this part. " 3 3 ^ 5. In Article 54, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: "" (1 ^ 1) On the basis of the land book extract for authentication, the notary public may perform all the notary operations necessary for the preparation of the act in which it was requested. " 3 3 ^ 6. In Article 58 ^ 1, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: "" (1 ^ 1) The content of the cadastral documentation is established by regulation approved by order of a normative nature of the Director General, which is published in the Official Gazette of Romania, Part I. " 3 3 ^ 7. In Article 58 ^ 1 (2), point c) is amended and shall read as follows: "" c) if the area in the measurements is higher than the percentage set at lit. b), the certificate provided for in art. 11 ^ 1 para. ((2). In this case, the procedure for issuing the certificate will be established by the protocol concluded under the conditions of art. 11 ^ 1 para. ((7). ' 3 3 ^ 8. In Article 58 ^ 1, paragraphs 4 and 6 are amended and shall read as follows: " (4) In the case of buildings public property of the state and administrative-territorial units, the intabulation is carried out at the request of the head of the central or local public institution, as the case may be, based on the property documents, and in to them, the extracts from the centralized inventory of the respective goods attested by the Government under the law, certified for compliance. ........................................................................ (6) In the case of private property, in the absence of land ownership documents, at the request of interested persons, it will be possible to note the possession on the basis of the documents 11 ^ 1 para. ((3) lit. c)-f) and a cadastral documentation. "" 9. in Article 7, point 4 shall be repealed. 10. Article 9 shall be repealed. 11. After Article 9, two new articles are inserted, Articles 9 ^ 1 and 9 ^ 2, with the following contents: " Art. 9 ^ 1. -After Article 47 of Law no. 350/2001 on spatial planning and urbanism, published in the Official Gazette of Romania, Part I, no. 373 of July 10, 2001, with subsequent amendments and completions, a new article is inserted, Article 47 ^ 1, with the following contents: "" Art. 47 47 ^ 1. -(1) The introduction into the intravilan of the localities of agricultural land and those arranged with land improvements is based on urban studies of PUG or PUZ for which in advance the opinion on the quality class issued by Ministry of Agriculture and Rural Development. (2) After approval by the decision of the local council of PUG and PUZ, the municipalities are obliged to transmit the decision accompanied by the documentation of approval of PUG and PUZ to the cadastre and real estate advertising office, in order to update ex officio the destination of the buildings registered in the integrated cadastre and land registry system. " Article 9 ^ 2. -Land fund law no. 18/1991 , republished in the Official Gazette of Romania, Part I, no. 1 of 5 January 1998, as amended and supplemented, shall be completed as follows: 1. in Article 13, after paragraph 3, a new paragraph (4) is inserted, with the following contents: "(4) For each position in an annex, several property titles may be issued, provided that the areas listed in these securities do not exceed the total area validated in the Annex." 2. After Article 59, a new article is inserted, Article 59 ^ 1, with the following contents: "" Art. 59 59 ^ 1. -(1) The righting of the material errors entered in the title deeds which are produced due to the errors of writing shall be carried out by the office of cadastre and real estate advertising. (2) The rectification of title deeds may be made by the office of cadastre and real estate advertising, pursuant to the decision of the county commission. (3) The procedure for the correction of material errors and the rectification of title deeds will be approved by order of a normative nature of the Director General of the National Agency for Cadastre and Real Estate Advertising. "" + Article II (1) The staff and the patrimony of the National Agency for Cadastre and Real Estate Advertising shall be fully taken over by the General Secretariat of the Government, together with all rights and obligations. (2) The staff of the National Agency for Cadastre and Real Estate Advertising and its subordinate institutions continue to benefit from the salaries and rights held at the date of passage under the Government and in the coordination of the Prime Minister, with funding fully provided from the state budget, through the budget of the General Secretariat of the Government. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, November 19, 2012. No. 219. ________