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Law No. 221 Of 24 July 2015

Original Language Title: LEGE nr. 221 din 24 iulie 2015

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LEGE no. 221 221 of 24 July 2015 on approval Government Ordinance no. 6/2014 to amend and supplement art. 10 10 of Law no. 152/1998 on the establishment of the National Housing Agency
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 562 562 of 28 July 2015



The Romanian Parliament adopts this law + Article I Approval Government Ordinance no. 6 6 of 23 July 2014 to amend and supplement art. 10 10 of Law no. 152/1998 on the establishment of the National Housing Agency, adopted pursuant to art. 1 1 section I. 3, II.2 and II.3 of Law no. 119/2014 on the empowerment of the Government to issue ordinances, published in the Official Gazette of Romania, Part I, no. 562 of 29 July 2014, with the following amendments: 1. The title of the ordinance is amended and shall read as follows: " ORDINANCE to amend and supplement Law no. 152/1998 on the establishment of the National Housing Agency " 2. Article I is amended and shall read as follows: " Art. I.-Law no. 152/1998 on the establishment of the National Housing Agency, republished in the Official Gazette of Romania, Part I, no. 740 of 21 October 2011, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 2 (1), point c) is amended and shall read as follows: " c) promotion and development at sectoral and national level of programmes on the construction of housing for young people, for rent, construction of social housing and necessity, construction of service housing, construction and/or rehabilitation of destroyed or severely damaged homes, located in areas affected by natural calamities, construction of rent dwellings by attracting private capital, including by concession of public works, under the law, construction other public housing of the State or of establishments administrative-territorial, as well as existing construction interventions, in the application of measures established by government programs. Government programs and their sources of funding are approved by the Government, at the proposal of the Ministry of Regional Development and Public Administration; ". 2. In Article 2 (1), after letter c), a new letter, letter c ^ 1) is inserted, with the following contents: " c ^ 1) the financing of the design and execution, under the law, of the utilities necessary for the operation of the investment objectives within the governmental program on the construction of service housing provided in lett. c), on land under public ownership of the state and in the administration of central public authorities that have requested their realization, namely: water supply, sewerage, natural gas supply, thermal agent, electricity, telecommunications, access roads, which are executed on the legally delimited site, as belonging to the investment objective, as well as the expenses related to the connection to the utility networks, from the funds provided in par. ((2); ' 3. In Article 2, paragraph 4 shall be amended and shall read as follows: " (4) In the structure of the investment expenses provided in par. ((1) lit. c) and e) will be included a 5% share that constitutes income of A.N.L., intended to cover the expenses incurred for: a) the realization of the necessary financial installation, the contracting of the design services, the contracting and the pursuit of the execution works, in compliance with the legislation in force, for the governmental housing programs provided in par. ((1) lit. c); b) fulfillment of the obligations assumed under the private property housing program by mortgage loan provided in par. ((1) lit. e). " 4. In Article 2, after paragraph 6, a new paragraph (6 ^ 1) is inserted, with the following contents: " (6 ^ 1) The local and/or central public administration authorities shall be responsible for the necessity and appropriateness of housing through the housing construction programs, which are executed at their request, provided in par. ((1) lit. c), at the level of administrative-territorial unit. If the dwellings are not fully distributed, the local and/or central public administration authorities shall respond to the security and preservation of the buildings taken until their distribution to the rightful beneficiaries, and will carry out at their expense all necessary remedies to the buildings taken and undistributed to which damage is found as a result of their non-use. " 5. In Article 2, paragraph 7 shall be amended and shall read as follows: " (7) A.N.L. collaborates with the local public administration authorities to identify land and/or constructions in various stages of execution or completion and unexploited, which can be included in the programs provided in par. ((1) lit. c) and e), with their obligation to carry out, at their own expense, the assessment of land and/or uncompleted constructions at various stages of execution. " 6. In Article 2, paragraph 8 shall be amended and shall read as follows: " (8) Development of housing constructions under the conditions provided in par. ((1) lit. c) and e) shall be made on viable lands up to the outer limit of the perimeter intended for construction. " 7. In Article 2, after paragraph 8, three new paragraphs are inserted, paragraphs 8 ^ 1 to 8 ^ 3, with the following contents: " (8 ^ 1) The technical-urban works necessary to ensure the living conditions within the perimeter for housing are carried out correlated with the deadlines for reception and commissioning of housing. (8 ^ 2) By exception to the provisions of par. ((8 ^ 1) and the art. 12 of the Housing Law no. 114/1996 , republished, with subsequent amendments and completions, A.N.L. may finance, from the funds provided in par. (2), the design and execution of utilities necessary for the operation of the investment objectives within the governmental program on the construction of service housing on land owned by the public property of the state and in the administration central public authorities who have requested their realization, such as: water supply, sewerage, natural gas supply, thermal agent, electricity, telecommunications, access roads, as well as the expenses related to the connection to Utility networks. ((8 ^ 3) The expenses for the design and execution of the utilities necessary for the operation of the investment objectives provided in (8 ^ 1) are included in the structure of their general estimate, under the law. " 8. In Article 3, paragraph 3 shall be amended and shall read as follows: " (3) On land owned by public or private property of the state, administrative-territorial units, utilities and technical-publishing facilities up to the external limit of the perimeter for constructions are achieved by objectives of investments promoted by the local councils of communes, cities, municipalities, respectively of the sectors of Bucharest, by the General Council of Bucharest Municipality or by private investors, as the case may be, according to the law, to the A.N.L. of the procedure for promoting investments in the construction of housing, and inside the perimeter for housing is carried out correlated with the deadlines for reception and commissioning of housing. " 9. In Article 3, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) By exception to the provisions of par. (3), A.N.L. may provide funding from the funds provided in art. 2 2 para. (2) and the realization of utilities and technical-publishing facilities, according to the provisions of art. 2 2 para. ((8 ^ 2) and (8 ^ 3), in correlation with the government program on the construction of service housing. " 10. In Article 3, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: " (4 ^ 1) By exception to the provisions of par. (2), land in public property of the state and in the administration of public institutions, intended exclusively for the realization of service housing, shall keep its legal regime and shall be transmitted in free use of A.N.L. for the period making investments. " 11. In Article 3, paragraph 5 shall be amended and shall read as follows: " (5) In order to ensure the correlation of investment programs in the viability of land within the perimeter for housing, with investment programs in housing construction, A.N.L. concludes contracts with public administration authorities local budget to which the public investment program for the realization of utilities and technical-publishing facilities is approved, under the conditions of art. 2 2 para. ((10) and (11). ' 12. In Article 4, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The beneficiary who contracted a mortgage loan through a financial institution authorized according to the law can ensure the financing of the completion of the contracted home and by filing from its own sources, in an A.N.L. account, the the necessary amounts, with the prior written consent of the A.N.L. " 13. In Article 4, paragraphs 3 to 7 shall be amended and shall read as follows: " (3) If, within the construction of personal property dwellings built by mortgage loan provided in par. (1), dwellings that are not contracted on the date of completion of the works are built, they can be capitalized as follows: a) by the transmission of housing by A.N.L., with the approval of the board of directors, to the local public administration authorities of the administrative-territorial units, of the sectors of Bucharest, in which they are located, by protocol of surrender-receipt, in order to rent; b) by the sale of housing, by A.N.L., to applicants who can provide the value of the home only from their own resources. (4) Housing provided in par. ((3) lit. a) belong to the private domain of the state and are managed by the local public administration authorities of the administrative-territorial units, of the sectors of Bucharest, in which they are located. (5) Housing provided in par. ((3) lit. a) is distributed by the local public administration authorities of the administrative-territorial units, of the sectors of Bucharest, education specialists, health, as well as specialists from the national defense sector, public order, national security, the judicial authority and the national prison administration. The specialist means the employees of the units in the respective fields within the administrative-territorial unit, who do not own a dwelling in the property within the respective administrative-territorial unit. (6) The local public administration authorities of the administrative-territorial units, of the sectors of Bucharest, in which the dwellings provided in par. ((3) lit. a) establish, according to the existing needs locally, the persons to whom these dwellings will be assigned. (7) The rental contracts for the dwellings provided in par. ((3) lit. a) ends for one year from the date of distribution of the dwelling. The lease may be extended, for periods of one year, under the law. " 14. In Article 4, after paragraph (7), four new paragraphs are inserted, paragraphs 7 and 1-(7 ^ 4), with the following contents: " (7 ^ 1) Chiria, in the case of dwellings provided in par. ((3) lit. a), shall be established by the local public administration authorities and the local public administration authorities of the sectors of Bucharest, by the decision of the deliberative authorities, and shall cover at least the administration maintenance and repair, recovery of the investment, depending on the normal duration established according to the legal provisions, as well as a maximum of 1%. On the basis of these indicators, the method of calculation of the rent is established by the methodological norms for the implementation of the provisions of this law. ((7 ^ 2) The amount representing the recovery of the investment, calculated according to the normal operating time of the building, of the total amount of the rent established according to par. (7 ^ 1), shall be transferred by the local public administration authorities and local public administration authorities of the sectors of Bucharest, to A.N.L., within a maximum of 30 days from its collection, any delay attracting payment of penalties, and is used only to finance the construction of housing. (7 ^ 3) The penalties of delay provided in par. (7 ^ 2), due to A.N.L. for non-fulfillment of payment obligations at maturity, represents 0, 1%/day of the amount due, but not more than the amount of the amount on which they are calculated. ((7 ^ 4) The 1% share provided in par. (7 ^ 1) is constituted as income of local public authorities and is used for the development of the local housing fund. " 15. In Article 4, paragraph 8 shall be amended and shall read as follows: " (8) Housing provided in par. ((3) lit. a) may be sold, at the request of the tenant and before the expiry of the first year of rental, or at the request of any persons, after the expiry of the first year of the rental, provided that the right of pre-emption in favour of the tenant the local public administration authorities of the administrative-territorial units and the sectors of Bucharest, in which they are located. If there are several requests to purchase for the same home, prioritization is made in ascending order of the date of registration of home purchase requests. The sale value is given by the inventory value of the dwelling, updated according to the legal provisions in force, less the value of the amounts resulting from the amount of the rent representing the recovery of the investment, calculated according to the duration the normal functioning of the building, retained by the local public administration authorities and transferred to A.N.L. according to the provisions of par. ((7 ^ 2). ' 16. In Article 6 (1), letter c) shall be amended and shall read as follows: " c) amounts collected from the sale of housing for young people, built by the programs provided for in art. 2 2 para. ((1) lit. c), which shall be transferred to the A.N.L. account opened with the State Treasury, according to the structure set out in Annex no. 10 "Classification of indicators on the budget of public institutions and activities fully or partially financed by own revenues" to the Order of the Minister of Public Finance no 1.954/2005 for the approval of the Classification of indicators on public finances and is used for the development of the housing fund for young people, intended for rent, within these programs. These amounts represent public funds and are administered according to the legislation on public finances. " 17. In Article 6 (1), after letter c) a new letter, letter c ^ 1) is inserted, with the following contents: " c ^ 1) amounts resulting from the amount of the rent representing the recovery of the investment, calculated according to the normal operating time of the building, provided in art. 4 4 para. ((7 ^ 2) and art. 8 8 para. (13), which shall be transferred monthly by the local public authorities and the sectors of Bucharest, as well as by the central public administration authorities in the field of education, respectively in the field of health, in the account of A.N.L. open to the State Treasury, within a maximum of 30 days from the collection of the rent. Any delay attracts the payment of penalties according to art. 4 4 para. ((7 ^ 3) and art. 8 8 para. ((14). The amounts collected, representing the recovery of the investment, constitute sources of financing for the construction of housing through A.N.L. programs " 18. in Article 6 (1), points e) and g) shall be amended and shall read as follows: " e) income from the placement of own resources and other resources attracted in government securities and bank deposits; ................................................................. g) accumulated amounts representing a guarantee of good execution in the settlement of all contracts concluded by A.N.L.; " 19. In Article 6 (1), after letter g) a new letter, letter g ^ 1) is inserted, with the following contents: " g ^ 1) amounts from the collection of penalties or late increases provided for in art. 4 4 para. ((7 ^ 3), art. 8 8 para. ((14) and art. 10 10 para. ((1 ^ 1); ' 20. In Article 6, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) The remaining amounts not used in the resources referred to in paragraph 1 (1). c), c ^ 1) and g ^ 1), at the end of each year, by exception to the provisions of Law no. 500/2002 on public finances, with subsequent amendments and completions, shall be carried over into the income and expenditure budget of the A.N.L. in the following year, in terms of income, and constitute the source of financing for the construction of housing by A.N.L. programs " 21. In Article 6, paragraph 2 shall be amended and shall read as follows: " (2) A.N.L. resources provided in par. ((1) lit. d)-f) and g ^ 1) may be advanced, under the conditions provided in art. 15 lit. b), and for the financing of public or private property dwellings of the state or administrative-territorial units, and they will be reconstituted, with priority in the current year or, in exceptional situations, in the years Following, from the sources established according to 2 2 para. ((2) and provided with this destination in the budget of the Ministry of Regional Development and Public Administration. " 22. in Article 6, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) A.N.L. resources provided in par. ((1) lit. g ^ 1) can also be advanced to ensure the security and preservation of the works carried out within the programs provided in art. 2 2 para. ((1) lit. c) and e) and for which there are no longer contractual relations of execution. " 23. In Article 7, paragraph 2 shall be amended and shall read as follows: " (2) The use of the available resources provided for in art. 6 6 para. ((1) lit. b), c), c ^ 1) and h). " 24. In Article 7, paragraph 6 shall be amended and shall read as follows: " (6) A.N.L. will annually establish public investment programs in the construction of youth housing, intended for rent, construction of social housing and necessity, construction of service housing, construction and/or rehabilitation of housing. destroyed or severely damaged, located in the areas affected by natural calamities, the construction of rent dwellings by attracting private capital, construction of other public housing of the state or administrative-territorial units, as well as existing building interventions, based on projects investments approved in the budget of the Ministry of Regional Development and Public Administration, in collaboration with local and central public administration bodies, on land for the location of these dwellings according to the law. " 25. After Article 7, a new article is inserted, Article 7 ^ 1, with the following contents: "" Art. 7 7 ^ 1. --(1) The dwellings made through the government program on the construction of service housing are intended for civil servants, as well as employees from central and local public institutions. (2) Housing provided in par. (1) is carried out in compliance with art. 52 lit. a), art. 53 53 para. 2 lit. a) of Law no. 114/1996 , republished, with subsequent amendments and completions, and art. 2 2 para. ((8 ^ 2). (3) The service dwellings, together with the related land, carried out under the conditions of this law and intended for civil servants, as well as employees of central public institutions shall be the subject of public property of the State and shall central public institutions that have requested their implementation, under the law. (4) The service dwellings, together with the related land, carried out under the conditions of this law and intended for civil servants, as well as employees from local public institutions shall be the subject of public property administrative-territorial in which they are located and are managed by the local public institutions that have requested their realization, under the law. (5) By exception to the provisions art. 53 53 para. 4 4 of Law no. 114/1996 , republished, with subsequent amendments and completions, the dwellings provided in par. ((1) may not be sold. (6) The distribution of the service dwellings, the amount of the rent, as well as the duration of the lease contract are established by administrative acts issued by the central/local public institutions, under the law. (7) The necessity and appropriateness of the construction of service dwellings, on the land provided by the central/local public authorities, shall be established by the central/local public institutions, which shall submit to the Ministry Regional Development and Public Administration and A.N.L. a justifying note to substantiate the realization of investments. " 26. In Article 8, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 8. -(1) Young persons, within the meaning of the provisions of this law, are major persons aged up to 35 years at the time of application for the distribution of a dwelling built by A.N.L. programs, intended for rent, and which may receive distribution no more than 36 months after the end of this age. ((2) Housing for young people for rent, including those built and intended exclusively for the rental of young specialists in education or health, carried out under the conditions of this law, are subject to the private property of the state. The homes for young people for rent are managed, in accordance with the legal provisions in force, by the local public administration authorities of the administrative-territorial units and the sectors of the municipality Bucharest in which they are located. Dwellings exclusively for rent by young specialists from education or health are managed by the local public administration authorities and the sectors of Bucharest or by the authorities the central public administration in the field of education, respectively in the field of health or are in the administration of units subordinated to or under the coordination of these authorities, according to the law, and who have requested their The homes made under the program on the construction of rent housing by attracting private capital are the subject of public property of the state. For the other dwellings that are carried out through the investment programs provided in art. 7 7 para. (6), the legal regime and the way of distribution are provided by Law no. 114/1996 , republished, with subsequent amendments and completions. " 27. in Article 8, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The manager of the housing provided in par. (2) exercise specific operations of an owner on behalf of the State, in the sense that it gives its consent to a) connection/debranching of housing to/from utility networks; b) improvements that are made to housing at the request of the tenant; c) exits from indivision, cleavages, detachment that do not affect the public/private property of the state; d) the registration of entries in the land book extract. " 28. In Article 8, paragraphs 3 to 5 shall be amended and shall read as follows: " (3) The distribution of housing for young people for rent, built and put into operation through the programs carried out by A.N.L. according to the provisions of art. 7 7 para. (6), shall be made according to criteria established and adopted by the local public administration authorities, local public administration authorities of the sectors of Bucharest and/or central public administration authorities that take over administration of these dwellings, with the opinion of the Ministry of Regional Development and Public Administration, on the basis of framework criteria for access to housing and priority in housing distribution, approved by Government decision. On the basis of duly justified proposals, only the framework criteria for access to housing and only from the point of view of territorial coverage can be adapted to existing concrete situations. (4) The rental contracts shall be concluded for a period of 5 years from the date of distribution of the dwelling and shall include clauses relating to the recalculation of the rent for the contract holders who have reached the age of 35, as well as the annual update of the Rent amount. (5) After the expiry of the initial contractual period, the extension of the lease shall be made, successively, for periods of one year. " 29. in Article 8, after paragraph 5, 10 new paragraphs are inserted, paragraph 6-(15), with the following contents: "" (6) Upon extension of the tenancy contracts, the local public administration authorities of the administrative-territorial units and the sectors of Bucharest, as well as the central public administration authorities of the education, respectively in the field of health, reassesses the civil status of tenants and the number of persons in their maintenance and, at their request, can achieve a housing exchange with the provision of minimum requirements provided for in Annex No 1 1 to Law no. 114/1996 , republished, with subsequent amendments and completions. The housing exchange is carried out only in the case of buildings in operation, and new homes are exempted. The housing units subject to exchange must be part of the same housing category built by the A.N.L., and the exchange represents a convention/agreement between two tenants. Local public administration authorities/Bucharest and/or central sectors may order, in compliance with the provisions of Law no. 114/1996 , republished, with subsequent amendments and completions, the change of home assigned to a tenant with another holiday home of the same category. ((7) Chiria shall be established annually by local public administration authorities, local public administration authorities of the sectors of Bucharest and/or central public administration authorities and shall cover the expenses of administration, maintenance and repair, recovery of the investment, depending on the normal duration established according to the legal provisions, as well as a maximum of 1%. (8) Depending on the ranking of localities on ranks, established according to Law no. 351/2001 on the approval of the National Territory Planning Plan-Section IV-Network of localities, with subsequent amendments and completions, the value of the monthly rent is weighted by a coefficient, as follows: ┌ ------------------ --------------- | Rank of locality | Coefficient | ├ ------------------ ------- | | 0 | 1 | ├ ------------------ ------- | | I | 0.95 | ├ ------------------ ------- | | II | 0.9 | ├ ------------------ ------- | | III | 0.85 | ├ ------------------ ------- | | IV | 0.8 | ├ ------------------ ------- | | V | 0.8 | └ ------------------ --------------- where: a) rank 0-Capital of Romania, municipality of national importance; b) Tier I-municipalities of national importance, with potential influence at European level; c) Tier II-municipalities of intercounty, county or equilibrium importance in the network of localities; d) Tier III-cities; e) Tier IV-common; f) rank V-villages components of communes and villages belonging to municipalities and towns. (9) Depending on the income per family member of the tenancy holder, the monthly rent amount resulting from the application of the ranking coefficients of the localities shall be weighted as follows: ┌ ---------------------------------------------) | Income | Coefficient | ├ --------------------------------------------- | | | | Income per family member smaller or equal | 0,90 | with gross minimum wage on economy | | | ├ --------------------------------------------- | | | | Income per family member higher than | 0,95 | | gross minimum wage on economy and that does | | | | exceeds by 100% gross minimum wage on | | | | economy | | ├ --------------------------------------------- | | | | Income per family member higher than | 1,00 | | 100% gross minimum wage on economy | | | └ ---------------------------------------------) (10) Based on the indicators provided in par. (7)-(9), the method of calculation of the rent is established in the methodological norms for the implementation of the provisions of this law. (11) The amount of rents calculated according to par. (7) shall be established, for the following year, on the first working day of October on the basis of the exchange rate communicated by the National Bank of Romania on September 30 of the current year. Local public administration authorities, local public administration authorities of the sectors of Bucharest and/or central public administration authorities have the obligation to communicate to the A.N.L., within 10 days, a situation detailed on the amount of rents broken down by types of apartments and the age of tenants. (12) Cedation of the right to use the home, distributed under the conditions of par. (3), by the holder of the lease is prohibited, under penalty of termination of the contract. (13) In the case of housing for young people, intended for rent, provided in par. (2), the amount representing the recovery of the investment from the amount of the rent, calculated according to the normal operating time of the building, shall be transferred, within a maximum of 30 days from its collection, by the local public authorities, the local public administration authorities of the sectors of Bucharest or, as the case may be, the central public authorities, in the A.N.L. account opened with the State Treasury and shall be used for the development of the housing fund through the A.N.L. delay attracts payment of penalties, according to the legal provisions in force. (14) The penalties of delay provided in par. ((13), due to A.N.L. for failure to meet the payment obligations at maturity, represents 0, 1%/day of the amount due, but not more than the amount of the amount on which they are calculated. (15) Housing provided in par. (2) is registered in the accounts of local public authorities, local public administration authorities of the sectors of Bucharest and/or central public administration authorities, who have them in administration, in compliance with legal provisions in the matter, and shall be subject to revaluation and amortisation procedures. '; 30. In Article 10, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) The authorities of the local public administration, of the sectors of Bucharest or central, as the case may be, have the obligation to solve the requests provided in ((1) within a maximum of 90 days from the date on which the dwellings meet the conditions provided by law in order to be sold. Otherwise, it owes A.N.L. late penalties, calculated for each month, in the amount of 0.01% /month, and which applies to the investment value of the home, recorded in the accounting of the local public authorities, of the sectors the city of Bucharest and/or plants, as the case may be, and for which the request for purchase was submitted, but not more than the amount on which they are calculated. " 31. In Article 10 (2), the introductory part and letters a)-c) shall be amended and shall read as follows: " (2) Sale of dwellings provided in par. ((1) shall be subject to the following mandatory conditions: a) the price of the home can be paid in full, at the date of conclusion of the sales contract, from own sources of the beneficiary and/or from loans contracted by the beneficiary from authorized financial institutions, including with the guarantee of the state, within maximum 5 working days from the date of registration of the property right in the land register, or in equal monthly installments, including the related interest, with an advance of at least 15% of the sales value; b) the holder of the rental contract, as well as his/her spouse may benefit only once from the purchase of a dwelling for young people for rent; c) the holder of the rental contract and the members of his/her family-spouse, children and/or other persons in its maintenance-not to own another dwelling in the property, including the holiday home, except for the part-parts of a dwelling, acquired under the law, if they do not exceed the useful surface of 37 sqm, the minimum useful surface/person, provided by Law no. 114/1996 , republished, with subsequent amendments and completions; " 32. In Article 10 (2), after letter c) a new letter, letter c ^ 1) is inserted, with the following contents: " c ^ 1) the holder of the lease agreement and the members of his/her family-spouse, children and/or other persons in its maintenance-shall not hold on the date of conclusion of the contract of sale-purchase a land awarded according to the provisions Law no. 15/2003 on support to young people for the construction of a personal property, republished. On the date of conclusion of the sales contract, any prior procedure for obtaining a land under the conditions provided by Law no. 15/2003 ,, republished. " 33. In Article 10 (2), point d) shall be amended and shall read as follows: " d) the sale value of the dwelling is calculated by the local public administration authorities and the sectors of the city of Bucharest or by the economic operators in whose administration the respective buildings are located, as well as by the central public administration authorities in the field of education, respectively in the field of health or by some units under the coordination of these authorities, according to the law, and represent the replacement value per meter square, multiplied by the area actually built, including the individual quotas, reduced by depreciation calculated from the date of commissioning of the home until the date of its sale. The replacement value is the weighted average value per square meter, calculated on the basis of the value of the contract contracts concluded, under the law, during the previous year by the A.N.L. with the entrepreneurs, who increase with a coefficient result from the ratio between the weighted average value per square meter of the dwellings put into operation in the previous year and the weighted average value per square meter contracted at the time of the start of the works of these If, during the prior year, the A.N.L. did not conclude at least two antinning contracts with entrepreneurs, for the establishment of replacement value it is used as a year of calculation the last year in which at least two contracts of Half. The replacement value per square meter thus calculated is established annually by order of the Minister of Regional Development and Public Administration, to be published in the Official Gazette of Romania, Part I. of promotion, real estate advertising, record and sale, the units through which the sale is made, according to the law, benefit from a commission of up to 1% of the calculated sale value of the home, commission that includes, together with the value for sale of the dwelling, in the final sale price of the dwelling; " 34. In Article 10 (2), after letter d) two new letters, letters d ^ 1) and d ^ 2) are inserted, with the following contents: " d ^ 1) the sales value established, according to the provisions of lett. a), it is weighted by a coefficient determined according to the ranking of the localities by ranks, established by Law no. 351/2001 , with subsequent amendments and completions, as follows: ┌ ------------------------------------------- --------------------------------------- | Rank of the locality | Coefficient of weighting | ├ ------------------------------------------- 留言 | 加入好友 | 0-Bucharest | 1,40 | ├ ------------------------------------------- 留言 | 加入好友 | I-Municipalities of national importance | 1,00 | ├ ------------------------------------------- 留言 | 加入好友 | I. 1-With over 400,000 inhabitants | 0,99 | ├ ------------------------------------------- 留言 | 加入好友 | I. 2-Between 300.001 and 400,000 inhabitants | 0,98 | ├ ------------------------------------------- 留言 | 加入好友 | I. 3-Between 200,000 and 300,000 inhabitants | 0,97 | ├ ------------------------------------------- 留言 | 加入好友 | II-Municipalities of intercounty importance | | | ├ ------------------------------------------- 留言 | 加入好友 | II.1-Between 150.001 and 200,000 inhabitants | 0,96 | ├ ------------------------------------------- 留言 | 加入好友 | II.2-Between 100.001 and 150,000 inhabitants | 0,95 | ├ ------------------------------------------- 留言 | 加入好友 | II.3-Between 50.001 and 100,000 inhabitants | 0,94 | ├ ------------------------------------------- 留言 | 加入好友 | II.4-Up to 50,000 inhabitants | 0,93 | ├ ------------------------------------------- 留言 | 加入好友 | | III-Cities | | ├ ------------------------------------------- 留言 | 加入好友 | III.1-With over 30,000 inhabitants | 0,92 | ├ ------------------------------------------- 留言 | 加入好友 | III.2-Between 10,001 and 30,000 inhabitants | 0,91 | ├ ------------------------------------------- 留言 | 加入好友 | III.3-Up to 10,000 inhabitants | 0,90 | ├ ------------------------------------------- 留言 | 加入好友 | IV-Sate common residence | 0,85 | ├ ------------------------------------------- 留言 | 加入好友 | V-Sate components of the communes and villages | 0,80 | | belonging to municipalities and cities | | | └ ------------------------------------------- --------------------------------------- where: a) rank 0-Capital of Romania, municipality of European importance; b) Tier I-municipalities of national importance, with potential influence at European level; c) Tier II-municipalities of intercounty, county or equilibrium importance in the network of localities; d) Tier III-cities; e) rank IV-villages of the commune; f) rank V-villages components of communes and villages belonging to municipalities and towns; d ^ 2) if the value established, according to the provisions of lett. d ^ 1), is less than the inventory value, then the sale value of the dwellings is equal to their inventory value, updated according to the legal provisions in force, less the value of the amounts resulting from the amount of the rent representing the recovery of the investment, calculated according to the normal operating time of the building, retained by the local public administration authorities, of the sectors of Bucharest and/or plants, and transferred to A.N.L. according to Art. 8 8 para. ((13). ' 35. In Article 10 (2), letter f) shall be amended and shall read as follows: " f) housing may not be the subject of acts of provision between vineyards for a period of 5 years from the date of their acquisition. This prohibition will be recorded in the registration of the property right in the land register under the law. By way of exception, housing may be subject to real estate guarantees, which are in favour of credit institutions defined in accordance with Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, approved with amendments and additions by Law no. 227/2007 , with subsequent amendments and completions, which finance the purchase of these homes, and/or in favour of the Romanian state, in the case of loans granted by credit institutions, with the guarantee of the state, according to the Credit institutions or, as the case may be, the Romanian state, through the competent bodies, will be able to capitalize on the homes and before the expiry of the 5-year term, on the path of forced execution, under the law, in case of credit by the owners of the homes; " 36. In Article 10, after paragraph (2), five new paragraphs are inserted, paragraphs 2 ^ 1-(2 ^ 5), with the following contents: " (2 ^ 1) For the purchase of housing with payment in equal monthly installments, provided in par. ((2) lit. a), the monthly rates include an annual interest rate that covers the reference interest rate of the National Bank of Romania to which two percentage points are added, this interest being applicable to the remaining value to be paid. (2 ^ 2) The contract of sale with payment in equal monthly installments, including the related interest, provided in par. ((2) lit. a), provides the following: a) the transfer of ownership of the home is produced after the full payment of the sale value, with the fulfilment of the advertising formalities required by law; b) until the sale of the sale value, the dwellings remain in the administration of the local public administration authorities of the administrative-territorial units in which they are located, and those intended exclusively for the rental by young people educational or health specialists in the administration of central public administration authorities in the field of education, respectively in the field of health or in the administration of units subordinated to or under the coordination of these authorities, until the date of transfer of ownership and change of role tax on their behalf; c) the buyer undertakes to pay the monthly instalments at maturity. For failure to pay the due date of payment obligations, it owes late increases; d) the execution of the obligation to pay the instalments may be suspended for a maximum period of 3 months The suspension is ordered by the local public administration authorities in which the dwellings are located, given that the holder of the contract for sale with payment in monthly installments submits a reasoned request 15 days before the set date for payment of the current rate, accompanied by supporting documents on the reduction of income The duration of the contract shall not be extended by the period for which the suspension has occurred, the amount of the monthly instalments e) the suspension of the execution of the obligation to pay the monthly instalments can be requested only after a minimum of 36 months from the expiry of another suspension period and a maximum of 3 times until the full payment of the sale value; f) after the expiry of the period of suspension of the execution of the obligation to pay the monthly instalments, in case of non-payment of the first installment, the sales contract shall be considered terminated by law, without any other formality, the holder of considered by the right to be late and having the obligation to hand over the dwelling on the notified g) the possibility of paying in whole or in part, the remaining rates, including interest, until the date of full payment; h) in case of termination of the contract under lit. f), the holder of the contract is deprived of the right to request the refund of the amounts paid, which are in income to A.N.L. and following the regime provided in par. ((3). (2 ^ 3) The way of formation and payment of the advance, of equal monthly instalments, including the related interest, and of late increases shall be determined in the methodological norms for the implementation of the provisions of this Law. (2 ^ 4) With the ownership of the home is acquired and the ownership of the construction and installation parts, as well as the facilities that, by their nature, can only be used jointly, according to the provisions of legal in force. (2 ^ 5) With the acquisition of the ownership of the dwelling, the holder of the contract also acquires the right of use on the part-parts of land related to it, during the existence of the building, in accordance with the legal provisions in force. " 37. In Article 10, paragraph 3 shall be amended and shall read as follows: "" (3) Amounts obtained from the sale of dwellings provided in par. ((1) shall be used only to finance the construction of housing. After retaining the commission provided in par. ((2) lit. d) and, as the case may be, the sale value of the constructions provided in art. 2 2 para. (7), the amounts obtained shall be transferred by the local public administration authorities, the sectors of Bucharest and the economic operators in whose administration the respective buildings are located, as well as by the authorities central public administration in the field of education, or in the field of health or by units subordinated or under the coordination of those authorities in whose administration those buildings are located, by their own budget, to the A.N.L., to fund the youth housing program. In collaboration with the local public administration authorities, the sectors of Bucharest and the central public administration authorities in the field of education and health, A.N.L. keeps track of the amounts resulting from the sale and cashed. " 38. Article 10 (5) shall be amended and shall read as follows: " (5) The authorities of the local public administration and the sectors of Bucharest and the central public authorities have the obligation to initiate the legal procedures for the establishment of the owners ' associations in the residential buildings manages and in which are located housing for young people for rent, after the sale to tenants of 3 housing units in the building. " 39. In Article 10, after paragraph 6, two new paragraphs are inserted, paragraphs 7 and 8, with the following contents: " (7) Failure to comply with the provisions of this article by the local public administration authorities, the sectors of the city of Bucharest or by the economic operators in whose administration the respective buildings are located, as well as by the authorities of the central public administration in the field of education, respectively in the field of health or by some units under the coordination of these authorities, shall draw up material, disciplinary, civil and criminal liability, According to the law. (8) In the case of houses for which the sales contract was terminated by law, they shall be distributed by the local public administration authorities, the sectors of Bucharest, as well as by the administration authorities central public education, respectively in the field of health, in compliance with the provisions of art. 8 8 para. ((3) or of art. 23, as appropriate. " 40. In Article 13, paragraph 1 shall be amended and shall read as follows: "" Art. 13. -(1) The management of the A.N.L. shall be carried out through the Management Board as an executive body. 41. Article 13 (2) shall be repealed. 42. Article 14 shall be repealed. 43. In Article 20, paragraphs 1, 2 and 4 shall be amended and shall read as follows: "" Art. 20. -(1) At the request of the local public administration authorities, of the sectors of Bucharest, respectively of the central public administration authorities in the field of education, respectively in the field of health, A.N.L. can promote the framework of housing construction programs for young people for rent, provided in art. 7 7 para. (6), public investment objectives in the construction of housing for renting exclusively to young specialists from these fields of activity. (2) The necessity and appropriateness of the construction of housing constructions for young people for rent, provided in par. (1), shall be established by pre-feasibility studies promoted and approved by the local public administration authorities, of the sectors of Bucharest or of the central public administration concerned, studies that are transmitted to A.N.L. The pre-feasibility studies shall be financed from sources provided with this destination in the own budgets of the local public administration authorities or of the central public administration concerned or from other legally constituted sources. ................................................................. (4) For the realization of housing for renting exclusively to young specialists from education or health, local public administration authorities, sectors of Bucharest or central public administration interested in the provision of land under the conditions laid down in art. 3 3 para. ((1). Land may be in public or private property of local public authorities, public or private property of the State and in the administration of the respective central public administration authorities or, as the case may be, in the administration of units subordinated to or under the coordination of these authorities, under the law. " 44. In Article 23, paragraph 1 shall be amended and shall read as follows: "" Art. 23. -(1) The distribution of housing for young people for rent, built and put into operation through the programs carried out by A.N.L. according to the provisions of art. 20-22, is made according to criteria established and adopted by the local public administration authorities and the sectors of Bucharest, as well as by the central public administration authorities in education or health, as the case may be, which take over under the administration of the respective dwellings, with the opinion of the Ministry of Regional Development and Public Administration, 8 8 para. ((3). ' 45. Article 24 is amended and shall read as follows: "" Art. 24. -Rental contracts, sales contracts, as well as any other acts concluded in violation of the provisions of art. 22 and 23 are hit by absolute nullity. The detection of these cases and the complaint of the courts for the finding of nullity and the restoration of the previous situation are made through the care of the prefects for the dwellings administered by the local the sectors of Bucharest, respectively by the ministries coordinating the activities in the field of education or health, as the case may be. " 46. Article 27 shall be repealed. " + Article II The rental contracts concluded until the date of approval of the present law will comply with the legal provisions in force, at the time of their conclusion, until the expiry of the lease term provided for in After the expiry of the lease term provided for in the contract, the provisions of this law + Article III Throughout the whole Law no. 152/1998 on the establishment of the National Agency for Housing, republished, with subsequent amendments and completions, the Ministry of Regional Development and Tourism is replaced by the Ministry of Regional Development and Public Administration. + Article IV Within 60 days from the date of entry into force of this Law, the Methodological Norms for the implementation of the provisions will be updated Law no. 152/1998 on the establishment of the National Housing Agency, approved by Government Decision no. 962/2001 , with subsequent amendments and completions. + Article V Law no. 152/1998 on the establishment of the National Housing Agency, republished in the Official Gazette of Romania, Part I, no. 740 of October 21, 2011, 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. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, July 24, 2015. No. 221. -----