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Law No. 150 Of 18 June 2015 Amending And Supplementing Law No Cadastre And Real Estate Advertising. 7/1996

Original Language Title: LEGE nr. 150 din 18 iunie 2015 pentru modificarea şi completarea Legii cadastrului şi a publicităţii imobiliare nr. 7/1996

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LEGE no. 150 150 of 18 June 2015 to amend and supplement Law of cadastre and real estate advertising no. 7/1996
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 459 459 of 25 June 2015



The Romanian Parliament adopts this law + Article I Law of cadastre and real estate advertising no. 7/1996 , republished in the Official Gazette of Romania, Part I, no. 83 of 7 February 2013, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 2 (4) shall be repealed. 2. In Article 3, paragraphs 3 and 5 shall be amended and shall read as follows: " (3) By December 31, 2016, at the level of each judicial district will be constituted and will operate at least one office of cadastre and real estate advertising, hereinafter referred to as territorial office, or, as the case may be, a relations office with the public, as units without legal personality, subordinated to the territorial offices. The organization and functioning, the number, as well as their arondation on administrative-territorial units shall be established by order of a normative nature of the Director General of the National Agency. ........................................................................... (5) In fulfilling their obligations, public institutions, public notaries, judicial experts, persons authorized to carry out cadastre works, geodesy, cartography and photogrammetry and bailiffs will have direct access, permanent, personal or through representative or online to the content of the land books in electronic format, in order to consult the land book and to obtain electronically the land book extracts and the transmission of the instruments handled in to register them in the land register. The National Agency shall ensure by 31 December 2016 the implementation of these provisions. The procedure of communication of documents to territorial offices will be established by cooperation protocols approved by decision of the Council of the National Union of Public Notaries in Romania, respectively by decision of the Council of the National Union of Bailiffs, and by order of a normative nature of the Director General of the National Agency, protocols that will be published in the Official Gazette of Romania, Part I. " 3. Article 7 is amended and shall read as follows: "" Art. 7. -(1) Institutions in the field of defence, public order and national security may execute, with their own personal and means, in the specific field of activity, the works of geodesy, gravimetry, topography, photogrammetry and cartography required defence, public order and national security, in accordance with its technical standards and standards, approved by orders of the heads of such institutions. ((2) The institutions in the field of defense, public order and national security may execute, with their own personnel and means, in the specific field of activity, the cadastre works, according to the technical norms of the National Agency. (3) Own staff referred to in par. ((1) and (2) is authorized by the National Agency, under the conditions of this Law. " 4. In Article 9, paragraphs (3 ^ 1) and (3 ^ 2) are amended and shall read as follows: "" (3 ^ 1) Payment of fees and charges for the issuance, by public notaries, of the certificate for the registration in the land register of the owner as owner and of the certificates of heir, certificates drawn up regarding the buildings that have made subject to systematic registration, is made by the National Agency, from its own revenues in application of the National Cadastre and Land Registry Program, even after the completion of the systematic registration, provided that the maximum deadlines referred to in paragraph 1. ((3 ^ 3) and art. 11 11 para. ((2) lit. s). (3 ^ 2) The issuing procedure, the deadline for the payment of the certificates provided in par. (3 ^ 1), as well as the amount of fees and charges that are collected shall be established by protocol concluded between the National Agency and the National Union of Public Notaries in Romania. The Protocol is approved by order of a normative nature of the Director General of the National Agency and Decision of the Council of the National Union of Public Notaries in Romania and shall be published in the Official Gazette of Romania, Part I. " 5. In Article 9, after paragraph (3 ^ 2), four new paragraphs are inserted, paragraphs 3 ^ 3-(3 ^ 6), with the following contents: " (3 ^ 3) The payment of the certificates of heir shall be made by the National Agency according to the procedure provided in ((3 ^ 2), except for the certificates of heir issued after the completion of a period of 2 years from the date of completion of the systematic registration. (3 ^ 4) In the framework of systematic registration works the income tax from the transfer of real estate is not due, by way of derogation from the provisions art. 77 ^ 1 para. ((1) and (3) of Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions, and no other direct or indirect taxes or fees to the state budget or local budgets. Provisions art. 77 ^ 1 para. ((6) of Law no. 571/2003 , with subsequent amendments and completions, are not applicable in the systematic registration process. ((3 ^ 5) By way of derogation from the provisions art. 77 ^ 1 para. ((6)-(8) of Law no. 571/2003 , with subsequent amendments and completions, the provisions relating to the calculation, collection and transfer of the income tax from the transfer of real estate are not applicable to the notary acts by which the transfer of the right of property and its dismantling found by certificate of heir, certificate of additional heir or certificate of legatee, issued at the request of the territorial office or secretary of the administrative-territorial unit, in to achieve systematic registration. Provisions art. 77 ^ 1 para. ((6)-(8) of Law no. 571/2003 , with subsequent amendments and completions, are not applicable to the certificates of registration in the land register of the owner as owner. (3 ^ 6) For the registration in the land register of real rights under the conditions of par. (3 ^ 4) and (3 ^ 5), land registry registrars do not require proof of fulfilment of the obligation to pay this tax. " 6. In Article 9, paragraph 4 shall be amended and shall read as follows: " (4) The tariffs for applications having as object the provision of services provided by the National Agency and its subordinate units may be collected by public notaries on behalf of and on behalf of the National Agency, on receipts made available by The National Agency and inscribed with its identification data, on its own tax receipts, by payment orders, as a result of bank transfers made to the account of the notarial office, by electronic means of payment or any other modalities provided by law. The tariffs collected by the public notaries on the account of the notarial office, under the present law, by any of the means previously provided are transferred, until the 25th of the following month, on behalf of the National Agency, opened with the Treasury State, according to records kept by the notarial office. The methodology for the collection and transfer of real estate advertising tariffs is established by the National Agency and the National Union of Public Notaries in Romania by protocol, which is approved under the conditions of par. ((3 ^ 2). The records of the tariffs collected by public notaries under the present law shall be kept separate from the financial-accounting records of the notarial office. " 7. In Article 9, after paragraph (4), two new paragraphs are inserted, paragraphs (4 ^ 1) and (4 ^ 2), with the following contents: " (4 ^ 1) The National Agency and subordinate institutions do not issue tax invoices for the tariffs collected for the provision of services provided in the specific field of activity, applicable provision including situations in which the tariffs are collected by transfer to the account of the notary office according to par. ((4). (4 ^ 2) In order to carry out the transfer to the account of the notary office, the public notary shall issue to the beneficiary a document showing the value of the tariff related to the cadastre service and real estate advertising Proof of collection of tariffs by payment orders as a result of bank transfers made in the account of the notarial office is made with the copy of the payment order on its account and by the corresponding mentions from the authentication conclusion, the conclusion the final issued as a result of the succession debate or the conclusion of the intabulation and the land book extract, as the case may be. ' 8. In Article 9, paragraph 11 shall be amended and shall read as follows: " (11) The national cadastre and land registry program is established for the purpose of free registration of buildings in the integrated cadastre and land registry system, realization of the cadastral plan of buildings and opening of land books at the level all administrative-territorial units. " 9. In Article 9, after paragraph 11, two new paragraphs are inserted, paragraphs 11 ^ 1 and 11 ^ 2, with the following contents: " (11 ^ 1) The cadastral plan of buildings and land books opened according to par. (11) reflects the current technical and legal situation of the buildings. (11 ^ 2) In application of the provisions of para. (11) and (11 ^ 1), following the notification of the chamber of public notaries, according to the provisions of art. 11 11 para. ((2) lit. g) and art. 12 12 para. (4), the public notaries issue the certificates of heir for the undebated successions, namely the certificates of registration of the owner as owner, at the request of the interested persons. " 10. In Article 9, after paragraph (12 ^ 2), seven new paragraphs are introduced, paragraphs 12 and 3-(12 ^ 9), with the following contents: " (12 ^ 3) Within the National Cadastre and Land Registry Program, the systematic registration works started by the administrative-territorial units are also co-financed. (12 ^ 4) The amount of co-financing is in the fixed amount of 60 lei/land book. (12 ^ 5) If the systematic cadastre works contracted, under the conditions of par. (12 ^ 3), by administrative-territorial units have a value lower than that established in par. (12 ^ 4), the National Agency will settle a fixed amount, which cannot exceed the value of the contract. ((12 ^ 6) Payment for the co-financing provided in par. (12 ^ 5) is made by the National Agency, within the approved budget, after the completion of the systematic registration at the level of the administrative-territorial unit. (12 ^ 7) Payment provided in par. (12 ^ 3)-(12 ^ 6) is approved by the Board of Directors of the National Agency, at the express request of the administrative-territorial unit, with the mention of the amount that is requested to be settled. ((12 ^ 8) The funds related to these works shall be transferred to the account of the administrative-territorial units after the establishment of the land books, and the amount to be transferred will be calculated relative to the total number of land books, in application of the situations particular referred to in par. ((12 ^ 4) and (12 ^ 5). ((12 ^ 9) The systematic registration works started under the Loan Agreement (Project on the completion of the financial support granted by the European Union for the restructuring of agriculture) between Romania and the International Bank for Reconstruction and Development, signed in Bucharest on 28 December 2007 and ratified by Law no. 14/2009 , as amended, will be financed by the National Agency's own revenues. " 11. In Article 10, paragraphs 1 and 4 shall be amended and shall read as follows: "" Art. 10. -(1) The systematic registration of properties in the integrated cadastre and land registry system is carried out on the basis of the measurements necessary to carry out the cadastral plan, in which the position of the limits between the neighbouring buildings, from office, free of charge and systematically, based on the reality in the field, identified according to art. 11 11 para. ((2) lit. e) and f), regardless of the belonging of the property to the public or private domain of the state or of the administrative-territorial unit or the status of owner, owner or legal holder or precarious detente provided for art. 918 918 of Law no. 287/2009 on the Civil Code, republished, as amended. The measurement works shall be performed by any graphical, numerical, photogrammetric or combined method, in the performance of the technical function of the cadastre. .......................................................................... (4) The legal function of the cadastre is carried out by identifying the owners, respectively of the owners of the buildings and by their registration in the cadastral technical documents, in order to register the buildings in the land register. " 12. In Article 11, paragraph 1 and the introductory part and points a), f) and i) of paragraph 2 shall be amended and shall read as follows: "" Art. 11. -(1) The administrative-territorial units and/or, as the case may be, the cadastral sectors in which systematic registration works will be carried out shall be brought to public knowledge, by order of the Director General of the National Agency, published in the Gazette Official of Romania, Part I, for the purpose of informing central and local authorities and public institutions, as well as natural and legal persons holding rights relating to buildings, with regard to the obligation to provide data and information relating to buildings, necessary to carry out the systematic registration process, such as and to the obligation of all holders of buildings to verify the correctness of this information. (2) The technical specifications for the realization of the systematic cadastre works in order to register the buildings in the land register are approved by order of a normative nature of the Director General of the National Agency, which is published in the Official Gazette of Romania, Part I, and mainly includes the following steps: a) notifying the owners, respectively the owners and other holders, through the public information campaign, organized at national and local level, on the start of systematic registration works, as well as on the procedure for carrying out, the benefits, rights and obligations incumbent upon them during the work of systematic registration of the properties; .......................................................................... f) identification of holders of real rights and owners, as well as the takeover, if the registration does not exist in the archive of the territorial office or the authority of the local public administration or their issuer, by the person authorised to carry out systematic registration, original or certified copy; .......................................................................... i) reception of cadastral technical documents by the specialized personnel appointed in application of the provisions of art. 9 9 para. ((12 ^ 2) of the law; " 13. in Article 11, after letter i) of paragraph (2), a new letter, letter i ^ 1) is inserted, with the following contents: " i ^ 1) publication, for the purpose of public information, at least 5 days before the display, of the prior notice on the public display of technical documents of the cadastre, in a newspaper of wide circulation, in a local newspaper, at the headquarters of the council local, on the website of the local public administration, as well as that belonging to the National Agency; " 14. in Article 11, points j) and k) of paragraph 2 shall be amended and shall read as follows: " j) the publication and display, at the central level, on the website specially created by the National Agency for this purpose, as well as at the local level, at the local council headquarters or in another place established for this purpose by the mayor of the unit administrative-territorial, on the website of the local public administration authority of cadastral technical documents; k) the registration of requests for rectification of technical documents of the cadastre, including regarding the appeal of the status of owner, can also be done electronically, including on the website specially created by the National Agency in this purpose; ' 15. Article 11 (m) of paragraph 2 shall be repealed. 16. in Article 11, letter r) of paragraph (2) shall be amended and shall read as follows: " r) making available to interested persons according to the entries in the land book of land book extracts for information, issued without being signed by the territorial office, which are automatically generated by the integrated computer system of cadastre and land book, as well as the extract from the new cadastral plan, through the administrative-territorial unit for the documents in analog format, or by accessing the service for this operation on the website specially created in this regard of the National Agency; " 17. in Article 11, after the letter s) of paragraph (2), a new letter, letter s) is inserted, with the following contents: " s) release by the notary public, at the request of the owners of the buildings that were subject to systematic registration, within a maximum of 2 years, but not earlier than 90 days from the date of opening of the land books, of the certificate for registration in the land register of owners as owners; " 18. In Article 11, paragraphs 3 to 5 shall be amended and shall read as follows: " (3) The technical cadastre works shall be carried out using the limits of the administrative-territorial units and the limits of the intravilons in the integrated cadastre and land registry system. (4) The limits of administrative-territorial units are identified, marked, rectified or updated by the delimitation commission, appointed for this purpose by order of the prefect. (5) The limits recognized to each other by the representatives of the administrative-territorial units are described and represented in the delimitation minutes containing and the inventory of the coordinates of the points defining these limits, determined in the system National projection. After the signing and stamping of the delimitation minutes and all annexes by the members of the delimitation committee and the approval by the prefect, the limits become official and are introduced into the integrated cadastre and land registry system. " 19. In Article 11, after paragraph (5), ten new paragraphs are introduced, paragraphs 5 and 1-(5 ^ 10), with the following contents: "" (5 ^ 1) The contestations of administrative-territorial units regarding administrative limits can be settled amicably, through mediation by the prefect's institution or by court. (5 ^ 2) The mediation by the prefect's institution shall be completed by the signing and stamping of the delimitation minutes, as well as of all the annexes, by the members of the delimitation commission. ((5 ^ 3) If the limits are contested, until the final settlement of the dispute, the integrated cadastre and land registry system used by the territorial offices in the reception activity of the documentation shall be used. cadastral and enrolment in the land book. If there are differences between the limits managed by the territorial offices of the neighboring counties, until the dispute is resolved, the National Agency decides on the limit that is used. (5 ^ 4) After the establishment of the limits of administrative-territorial units, they may be rectified, updated or modified, as appropriate. ((5 ^ 5) The updating of the limits is the technical operation by which the limit between two administrative-territorial units changes on a limited portion, based on the agreement of the delimitation commission. ((5 ^ 6) The updating of the limits of administrative-territorial units in the integrated cadastre and land registry system is carried out exclusively on the basis of field measurements. (5 ^ 7) If the limits are updated, the delimitation commission, appointed by order of the prefect, shall draw up a new record of delimitation similar to the one provided in par. ((5). The same procedure is used if the update of the limits is necessary as a result of its restoration, by means of delimitation signed by the delimitation commission, appointed by order of the prefect. (5 ^ 8) If the administrative-territorial units are located in different counties, the minutes of delimitation shall be signed and stamped by the delimitation commissions appointed by order of the prefects of the two counties and approved by them. (5 ^ 9) The rectification of boundary identification errors is the technical operation by which the implementation of the coordinates of the existing limits in the integrated cadastre system of the National Agency with legal limit and existence is carried out in accordance with the land, originally established by the orthophotoplan-based delimitation commission. (5 ^ 10) The rectification operation provided for in par. (5 ^ 9) is carried out exclusively by taking measurements at the field by the territorial office to identify and find these errors of integration of the limits and only in the situation where the limit sections are clearly identified in the field. If the sections are not clearly identified, the limits shall be updated, according to the procedure regulated in par. ((5 ^ 6)-(5 ^ 8). " 20. In Article 11, paragraphs 6, 7, 9 and 10 shall be amended and shall read as follows: " (6) The limits of the administrative-territorial units are displayed on the INSPIRE geopportal of Romania and are used in the activity of central and local public authorities and institutions. (7) The modification of territorial limits of administrative-territorial units concerns the establishment, reestablishment or reorganization, as the case may be, of administrative-territorial units, which are organized according to the law ........................................................................... (9) In the framework of the systematic registration works in cadastre and land registry, the technical and legal situation of the buildings previously registered in the cadastral or topographic plan and in the land register shall be modified according to the technical-legal situation current, identified by the measurements made and the legal acts collected. (10) On the occasion of carrying out 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 there is a surface deficit, the area of each building in that tarla shall be reduced in proportion to the area in the title. Subsequent completion of the land inventory procedures provided for by Law no. 165/2013 on the measures for the completion of the restitution process, in kind or by equivalent, of the buildings improperly taken over during the communist regime in Romania, with subsequent amendments and completions, will be carried out, at the request the owner, at the award of the surface difference, under the law. " 21. In Article 11, after paragraph 10, two new paragraphs are inserted, paragraphs 10 ^ 1 and 10 ^ 2, with the following contents: " (10 ^ 1) The land area difference provided in par. ((10) will be granted from land that may be subject to restitution in kind within the limit of availability in the administrative-territorial unit where the systematic registration is carried out, and if there is no longer available, the competent commissions according to the laws of restitution of property have the possibility to propose and establish the granting of compensatory measures, under the law. (10 ^ 2) In the situation of the buildings previously registered in the integrated cadastre and land registry system, the area will not change under the conditions of par. ((10), if it does not exceed the area stated in the title. If a surface deficit is found at the level of the administrative-territorial unit, the area of the buildings registered in the integrated cadastre and land registry system will be reduced to the limit of the area in the title of property. " 22. Article 11 (11) shall be amended and shall read as follows: "(11) When registering in the cadastral technical documents and in the land register, it is sufficient to present the last proof of the real rights regarding the property in question." 23. In Article 12, paragraphs 1 and 9 shall be amended and shall read as follows: " (1) The technical documents of the cadastre shall be drawn up for each cadastral sector and highlight the factual situation found by the authorized person carrying out the systematic registration works and constitute the basis of the ex officio registration buildings in the cadastre records and in the land register. The technical documents are: a) the cadastral plan; b) the cadastral register of buildings; c) alphabetical opis of holders of real property rights, owners and other holders. ......................................................................... (9) The authorized person carrying out the systematic registration works and at least one representative of the administrative-territorial unit shall identify the owners, owners or other holders. Verification and reception of systematic registration works and technical documents provided in par. (1), including technical documents rectified as a result of the admission of rectification requests, and the reception of the registration works shall be made by the specialized staff employed according to the provisions of art. 9 9 para. ((12 ^ 2). The verification and reception will also be possible in stages, by cadastral sectors, before the end of the cadastral works at the level of the administrative-territorial unit. After verification and reception, in order to be brought to public knowledge, the technical documents provided in par. ((1): a) are transmitted by the territorial office to the local public administration authority for public display, under the conditions of art. 14 14 para. ((1), by publication on its own website, as well as at the premises of the respective local council. The announcement of the public display of technical documents shall be published in a newspaper of wide circulation, as well as in a local newspaper by the care territorial office; b) shall be displayed on the website specially created for this purpose by the National Agency. " 24. In Article 12, after paragraph 9, a new paragraph (9 ^ 1) is inserted, with the following contents: " (9 ^ 1) Interested persons have full access to consult the technical documents displayed according to par. ((9). ' 25. In Article 12, paragraphs 10 and 13 shall be amended and shall read as follows: " (10) The authorized person carrying out the cadastre work, which consists in the identification and measurement of the buildings, takes over a certified copy of the documents, processes the data obtained and prepares the technical documents for each cadastral sector in Part. The certified copies of the documents will be taken over only if they do not exist in the archive of the territorial office or the authority of the local public administration or their issuer. These entities have the obligation to issue documents or certified copies thereof free of charge no later than 30 working days from the date of registration of the authorized person's request. ......................................................................... (13) The mayor will countersign the cadastral technical documents, prior to their verification and reception by the specialized personnel, according to the provisions of par. (9), in order to certify the veracity of the information regarding the buildings and to the owners, owners and other holders, which were provided by him. The countersign of cadastral technical documents has as a consequence the appropriation of all data on land and construction, as well as the elimination of administrative procedures for issuing confirmatory certificates, such as: tax attestation, certificate of attestation of the legal and technical situation of the constructions, certificate provided in art. 13 13 para. ((1) lit. b) and the like. " 26. In Article 12, after paragraph 13, three new paragraphs are inserted, paragraphs 13 and 1-(13 ^ 3), with the following contents: "" (13 ^ 1) The approval of the technical documents by the mayor or the designated person may also be carried out by issuing a certificate confirming the appropriation by the representative of the local public authority of the information contained in the documents technical of the cadastre. (13 ^ 2) If the technical documents were not countersigned, applying the procedure of tacit approval, the constructions will be entered in the land register either on the basis of the property deeds or of the technical-legal situation reflected by the technical documents drawn up as a result of the identification carried out 11 11 para. ((2) lit. f) and unchallenged during the public display period or as to which the request for rectification has been rejected. The situation reflected by the technical documents is presumed to be in line with the real technical and legal situation, until proven otherwise. ((13 ^ 3) The registration of constructions in the land register, in the process of systematic registration according to this law, does not prevent the competent authorities from applying the sanctions provided by law regarding the discipline in construction and serves as the basis for the establishment and calculation of taxes due under the law. " 27. In Article 13, paragraph 1 shall be amended and shall read as follows: "" Art. 13. -(1) In the case of buildings that are subject to systematic registration, in the absence of proof documents of the ownership right, in the technical documents will register the possession of fact on the property, based on the identification carried out by the persons mentioned in art. 12 12 para. (9), on the occasion of the measurement and provided that the following documents are presented: a) the data sheet of the property signed by the owner of the property and by the person authorized to carry out the systematic registration works; b) the certificate issued by the local public administration authorities, attesting that: ((i) the owner is known to own the property under the name of the owner; (ii) the property is not part of the public domain or has not been entered in the records as being in the private domain of the state or administrative-territorial units. " 28. In Article 13, after paragraph 1, two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents: "" (1 ^ 1) Provisions para. (1) are applicable including buildings that were registered in the integrated cadastre and land registry system, from the regions where the provisions were applied Decree-Law no. 115/1938 for the unification of the provisions on land books, published in the Official Gazette of Romania, Part I, no. 95 95 of 27 April 1938, repealed by Law of cadastre and real estate advertising no. 7/1996 , if the owners are not identified on the occasion of the field interviews, but they are identified owners, buildings in the non-cooperative former areas, as well as the buildings located in the intravilan of the localities that made the object of the laws of restitution of land properties. (1 ^ 2) The possession of a fact entered in the technical documents according to the previous paragraphs shall be noted in the open land books following the completion of the systematic registration. " 29. In Article 13, paragraph 2 shall be amended and shall read as follows: " (2) In the case of buildings located in the extravilan of the localities in the areas that were not subject to the application of the land fund laws, the procedure for issuing the certificate provided for in art. 13 13 para. ((3) is not applicable. " 30. In Article 13, after paragraph (2), three new paragraphs are inserted, paragraphs 2 ^ 1 to 2 ^ 3, with the following contents: " (2 ^ 1) The possession noted in the land book and its legal effects may be acquired under the legal acts between the living, the translative or the constituent, concluded in authentic form, including by enforcement measures or for the cause of death, which is noted in the land book. (2 ^ 2) The last holder noted in the land book will benefit from the intabulation of his right of property, ex officio, at the end of the 3-year term, under the conditions provided in par. (2 ^ 3), as an effect of the junction of previous possessions with its possession. (2 ^ 3) In all cases where the possession was noted in the land register and the certificate provided for in art. 13 13 para. (3), the right of property will be able to be later intabulat, under the following conditions: a) ex officio, at the fulfillment of a term of 3 years from the time of scoring in the land register, if no dispute has been noted by which the entries in the land book are contested. In this case, by way of derogation from the regulations relating to the use, the right of property is deemed acquired by the effect of the law and from the date of fulfillment of this term, without any other justification or procedure; b) at the request of the holder provided in art. 13 13 para. ((1) or its successors, on the basis of the deed of property, as a result of the acquisition of the right of property by any of the modalities provided by law. " 31. In Article 13, paragraph 3 shall be amended and shall read as follows: " (3) Upon completion of a period of 90 days from the date of opening of office of land books, owners of buildings located in the intravilan of the localities, registered in the land books under the conditions of par. (1 ^ 2), may request the competent public notary to issue the certificate of registration of the owner as owner. The issuance of the certificate by the notary public is based on the following documents: a) land book extract for information; b) the self-declaration of the holder, given in authentic form, by which he declares that: ((i) possess the property under the name of the owner; (ii) whether or not he is married; if he is married, he shall also specify the matrimonial property regime; (iii) has not alienated or encumbered the building; (iv) the building was not removed from the legal circuit; (v) the property is not subject to any dispute; (vi) the property is owned or not on shares; if the property is held on shares, all owners will declare the extent of the shares; (vii) the proof of possession of the possession comes from its signatory parties; if it does not exist, it shall declare that it does not have and is not aware of the existence of such a document; c) the documentary evidence of the possession, regardless of the form in which it is drawn up, when it exists; d) copy of the identity and civil status documents. " 32. in Article 13, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) Based on the certificate provided in par. (3) shall be ordered, at the request of the party concerned, for the right of ownership in the land register. " 33. Article 13 (4) shall be amended and shall read as follows: " (4) If the request for rectification of the technical documents on the appeal of the status of owner, noted in the land register, as well as in the situation where the establishment of the land book was subsequently established, a civil action was noted in the challenging this quality, the procedure for issuing the certificate provided for in par. ((3) is not applicable. In this case, until the final settlement of the disputes, the possession shall be noted in the land register. " 34. Article 13 (5) shall be repealed. 35. Article 13 (6) shall be amended and shall read as follows: " (6) The owners of the buildings subject to the systematic registration, as well as the issuers of the documents provided for the preparation of the technical documents provided for in art. 12 12 para. (1), shall be responsible for the legality, authenticity and accuracy of the data contained therein, under the law. " 36. in Article 13, after paragraph 6, a new paragraph (6 ^ 1) is inserted, with the following contents: "" (6 ^ 1) The employees of the territorial office do not respond to the first systematic registration of buildings in the integrated cadastre and land registry system. " 37. Article 13 (7) shall be repealed. 38. In Article 13, paragraphs 9 and 10 shall be amended and shall read as follows: "" (9) If, on the occasion of the cadastral measurements on buildings located in extravilan, which were subject to the laws of the land fund, it is found that the area in the measurements is higher than the area in the act of property, the difference in land remains at the disposal of the local commission for the establishment of ownership of land, in which case the right of ownership in favour of the administrative-territorial unit will be provisionally entered ((10) In the case of buildings whose owners, owners or other detenors, as defined in art. 918 918 of Law no. 287/2009 on the Civil Code, republished, as amended, cannot be identified on the occasion of the automatic performance of the systematic registration works, as well as in the absence of the documents provided for in art. 13 13 para. (1) with regard to the status of owner, the ownership will be provisionally entered in favour of the administrative-territorial unit. In this case, the right of property will be able to be later intabulat, at the request of the holder of the ownership of the property, based on a documentation that will include: a) the identification of the property in the cadastral plan, in order to certify that the property in the deed corresponds to the one in the plan; b) the act certifying the ownership; c) the certificate certifying that the property is registered in the tax records or, as the case may be, in the agricultural register, issued by the mayor of the administrative-territorial unit where this building is located. " 39. In Article 14, paragraphs 1, 2 and 3 shall be amended and shall read as follows: "" Art. 14. -(1) The technical documents for each cadastral sector shall be displayed, through the care of the territorial office, under the conditions of art. 11 11 para. ((2) lit. j). In the regions of transcriptions and real estate inscriptions, the holders of the tasks registered in the old real estate advertising registers will request their transcription in the land books, within 60 days of the display. The tasks include mortgages, privileges, summons, sequesters, disputes and any legal acts entered into the old real estate advertising registers. (2) The requests for rectification of the technical documents of the cadastre shall be formulated, within 60 days from the date of display, and shall be accompanied by supporting documents. Specialist staff appointed in application of the provisions of art. 9 9 para. (12 ^ 2) Resolves the rectification requests within 60 days of the completion of the display period, according to a procedure established by order of the Director-General of the National Agency. (3) Following the resolution of requests for rectification of the technical documents of the cadastre, a minutes will be issued, which will be communicated under the conditions Law no. 134/2010 on the Code of Civil Procedure, republished. " 40. in Article 14, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) Minutes provided in par. (3) may be challenged with complaint to the court in the territorial area of the property, within 15 days of communication. Art. 31 31 para. ((3) and (4), relating to the procedure for the filing and registration of the complaint, shall apply accordingly. " 41. In Article 14, after paragraph (4), five new paragraphs are inserted, paragraphs (4 ^ 1) to (4 ^ 5), with the following contents: " (4 ^ 1) The registration provided in par. (4) represents the first registration of buildings in the integrated cadastre and land registry system, hereinafter referred to as the first systematic registration, resulting from the completion of the systematic registration procedure, and may have as its object Buildings: a) that have not been previously registered; b) entered in the land registry records, regardless of whether the cadastral-legal situation has been updated or not. ((4 ^ 2) The modification of the first systematic registration may be carried out ex officio on the basis of a reference, if it does not affect the rights of the parties. (4 ^ 3) The constitutive effect of rights with regard to a building that has been subject to systematic registration operates from the date of the first subsequent registration based on constitutive or translative legal acts of real rights concluded after the public opening of the land books, for the entire administrative-territorial unit. (4 ^ 4) During the period of systematic registration, in the title of land books of buildings located in the respective administrative-territorial unit, it will be mentioned ex officio that they are subject to the National Cadastre Program and Land registry. (4 ^ 5) The description of the buildings in the technical documents of the cadastre is a way of putting in line the technical situation of the building with the legal situation contained in the legal acts. In case of discrepancy, the technical situation identified following the measurements taken shall prevail. From the date of establishment of land books ex officio any cadastral records and real estate advertising prior to the realization of systematic registration shall lose their validity. " 42. In Article 22, paragraph 7 shall be amended and shall read as follows: "(7) The registrar shall be responsible for his activity, under the law, being professionally subordinated to the chief registrar." 43. In Article 22, after paragraph 11, two new paragraphs are inserted, paragraphs 12 and 13, with the following contents: " (12) In the exercise of coordination and control duties, the directors of the Real Estate Advertising Directorate and the Cadastre Directorate issue binding decisions whose non-compliance attracts for the specialized staff of the National Agency and subordinate institutions, involved in the settlement of reception and enrolment requests, disciplinary sanctions provided for in the internal regulations ((13) Based on the cooperation protocol on how to perform real estate advertising operations, in order to unify the working procedures, the National Agency and the National Union of Public Notaries in Romania organize working sessions periodicals whose solutions, recorded in the minutes of the meeting, are the basis for the issuance of the decisions provided in par. ((12). ' 44. in Article 28, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) In the case of foreclosures, in the absence of original documents, the application for reception and registration submitted under the conditions Law no. 134/2010 on the Code of Civil Procedure, republished, may be accompanied by the certified copy of the deed of property. " 45. In Article 35, paragraph 4 shall be amended and shall read as follows: " (4) If during the period of validity provided by par. (1) of the land book extract for authentication shall be registered the authentic act/acts drawn up on its basis, the applications for registration having as justifying inscription these acts shall be solved as a priority, the other applications for registration recorded during this period to be rejected. If the validity of the land book extract for authentication has ceased, and the application having as justifying the authentic act/acts drawn up on its basis has not been registered in the general entry register, the applications regarding the property in respect of which the land book extract for the above mentioned authentication was requested, registered during this period, shall be resolved in compliance with the rules in force. " 46. After Article 35, a new article is inserted, article 35 ^ 1, with the following contents: "" Art. 35 35 ^ 1. -(1) Notary acts by which a real estate law is transmitted, modified, constituted or extinguished shall be concluded only if the immovable property is entered in the land register, except: a) cases provided for in art. 887 887 of Law no. 287/2009 on the Civil Code, republished, as amended; b) legal acts and deeds that continue to be transcribed or, as the case may be, inscribed, in the old registers of transcripts and real estate inscriptions, according to art. 39 39 para. ((2); c) acts of succession or voluntary division, unless the buildings in the mass of the shareable are dissoldered or joined; d) other cases expressly provided by the regulations in force. (2) Provisions of para. ((1) shall be applied accordingly and to the other categories of authentic instruments transferring, constituting, modifying or extinguishing real rights which shall be entered in the land register. " 47. In Article 36, paragraph 1 shall be amended and shall read as follows: "" Art. 36. -(1) The right of ownership of the constructions shall be entered in the land register on the basis of a certificate of attestation issued by the local authority issuing the building permit, confirming that the construction was carried out according to the the building permit and that there are minutes of reception at the end of the works, as well as the other legal provisions in the matter and a cadastral documentation. " 48. In Article 40, the introductory part and letters a) and c) of paragraph 3 shall be amended and shall read as follows: " (3) In the case of recording works in cadastre and in the land book made at the request of the interested persons, if the surface of the measurements is different from the surface inscribed in a land book on the basis of a cadastral documentation received by the territorial office or the area in the cadastral documentation, received by the territorial office, for which the land registry or the area of the property documents was not opened, the request for reception and registration in the land register shall be Settle this: a) if the surface of the measurements is smaller, then this area shall be entered in the land register based on the cadastral documentation and the owner's agreement on the recording of this surface; ......................................................................... c) if the surface of the measurements is higher than the percentage set at lit. b), on request, it will be possible to note the possession on the difference of land, held without deed of ownership, based on the neighboring minutes and a certificate issued by the local public administration authorities, certifying that: ((i) the owner is known to have the difference in land area under the owner's name; (ii) the property is not part of the public domain or has not been entered in the records as being in the private domain of the state or administrative-territorial units. " 49. in Article 40, after point c) of paragraph 3, the following shall be inserted: " d) Subsequent to the grading of possession in the land book according to lit. c), the holder may request the issuance of the certificate of registration in the land register of the owner as owner. The procedure for issuing the certificate will be established by protocol concluded between the National Agency and the National Union of Public Notaries in Romania, which is published in the Official Gazette of Romania, Part I. " 50. In Article 40, after paragraph 5, a new paragraph (5 ^ 1) is inserted, with the following contents: "" (5 ^ 1) At the conclusion of contracts for the concession or lease of buildings owned by the state and administrative-territorial units, it is mandatory to attach the land book extract for the information and the extract of the plan cadastral of the property subject to the contract. " 51. Article 41 is amended and shall read as follows: "" Art. 41. --(1) The way of enrolment of buildings in the public or private domain of the state and in the administration of institutions in the field of defence, public order and national security or in their private property shall be established by to these institutions, together with the National Agency, after making the reception provided by law. (2) In the cadastral documentation prepared for the buildings referred to in par. (1) references are made exclusively to land related to buildings, and site and delimitation plans contain only their limits. " 52. In Article 45, paragraph 1 shall be amended and shall read as follows: "" Art. 45. -(1) The National Agency shall be empowered to control the activity of all natural and legal persons authorized under the present law, who carry out activities on the territory of Romania in the fields of cadastre, geodesy and cartography, with the exception of institutions in the field of defence, public order and national security, which shall exercise this attribute by its own structures. " 53. In Article 46, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) The finding of contraventions provided by this law, committed by its own staff within the institutions of defence, public order and national security, and the application of sanctions shall be carried out by the powers of these institutions. ' + Article II The date of entry into force of this Law shall be repealed Law no. 217/2007 for the establishment of the basic criteria of the fees and charges related to the elaboration, analysis and verification of cadastral documentation for the registration in the land register of agricultural land, published in the Official Gazette of Romania, Part I, no. 454 454 of 5 July 2007, and Government Ordinance no. 10/2000 on carrying out the activity of carrying out and verifying the specialized works in the fields of cadastre, geodesy and cartography by natural and legal persons authorized on the territory of Romania, published in the Official Gazette of Romania, Part I, no. 26 of 25 January 2000, approved with amendments and additions by Law no. 795/2001 . The fees charged by authorized natural or legal persons constitute income from free professions, with the application of the corresponding norms in tax matters, the amount of fees being established according to the conventions concluded with the beneficiaries services, in compliance with the proportionality principle. + Article III Law of cadastre and real estate advertising no. 7/1996 , republished in the Official Gazette of Romania, Part I, no. 83 of February 7, 2013, with subsequent amendments and completions, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. 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. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, 18 June 2015. No. 150. ------