Real Estate Newsletter No. 1/2015
Cadastre and real estate publicity Law no. 7/1996 was republished in the Official Gazette of Romania, Part I, no. 720 / 24.09.2015
It was repealed the provision which was stipulating that, if a building is crossed by boundary demarcation between the intra-muros and the extra-muros of a locality within an administrative-territorial unit, that immovable will be divided into two immovables, which will be awarded distinct cadastral numbers, one for the intra-muros part of the plot, and another one for the extra-muros part of the plot.
It is a novelty that, in fulfilling their obligations, public institutions, public notaries, legal experts, persons authorized to perform works of surveying, geodesy, cartography, photogrammetry and bailiffs will have direct, permanent, personally or by representative, or online access to the land books content in electronic form for land book consultation and obtaining land book excerpts in electronic form and for transmission of the documents handled in order to register them with the land book. The National Agency will insure until December 31, 2016 the implementation of these provisions.
Application forms for registration and for obtaining informations may also be made in electronic format, being recorded and processed with equivalent legal effects. Communication of the rulings, excerpts, document copies or plans can be made electronically or on paper.
Under the new provisions, during realization of systematic registration of the immovables for which were issued property titles under restitution laws, if at a land plot an area deficit is found, the area of each property within the respective plot decreases proportionally with the area from the ownership title. Subsequent to finalization of the procedures for inventory of the lands as provided by Law no. 165/2013 it shall be proceeded, at the request of the owner, to the award of the area difference according to the law.
The procedure to register the possession over an immovable, has undergone some changes, as follows:
In the new law republished, in case of immovables subject to systematic registration, in lack of documents proving ownership, the de facto possession on the immovable will be registered in the technical documents, based on the identification made by authorized persons and a series of specific documents mentioned in the law.
The abovementioned provisions are applicable also to the immovables that were recorded in the integrated cadaster and land book system of the regions where the provisions of Decree-Law no. 115/1938 for the unification of provisions on land books, were being applied, when the owners are not being identified during the site interviews, but possessors are identified, to the immovables from zones non-cooperativized located in the intra-muros of the localities which were subject of land property restitution laws.
However, for the immovables located in the extramuros which were not subject to the application of land laws, the procedure for issuing the certificate for holder’s registration, is not applicable.
The possession registered with the land book and its legal effects may be acquired by acts concluded between existing persons, translative or constitutive, authenticated, including by enforcement measures or by acts for death cause, which shall be registered with the land book.
The last possessor registered with the land book will benefit from registration on its name of the ownership right thereupon by default after the expiry of 3 years, as provided by the law as effect of conjunction of the previous possessions with his possession.
The ownership right over the constructions shall be registered with the land book on the basis of an ascertaining certificate issued by the local authority having issued the building permit, confirming that the construction works were executed in accordance with the building permit and the minutes of reception at work completion, as well according to the other legal provisions and a cadastral documentation.
For the case of registeration in the cadastre and land book made at the request of the concerned persons , if the area from the measurements is different from the area registered in a land book based on a cadastral documentation received by the territorial office or from the area of the cadastral documentation received by the territorial office for which the land book was not opened or from the area from the property deeds, the request for reception and registration in the land book shall be settled as follows:
- a) if the measured area is less, then this area shall be registered with the land book based on cadastral documentation and on the owner’s consent on the registration of such area;
- b) if the measured area is higher by up to 10% inclusive (for the intra-muros property) and to 5% (for the intramuros property), the measured area shall be registered with the land book on the basis of the cadastral documentation and the owner’s statement;
- c) if the measured area is higher than thepercentage mentioned above, upon request, the possession can be registered on the difference in land owned without property deed, based onthe vecinity minutes and a certificate issued by the public local administration authorities, attesting that:
- (i) the possessor is known as holding the difference in land area as owner;
- (ii) the immovable is not part of the public domain or has not been registered as being in the private domain of the State or of the administrative-territorial units;
- d) after registering the possession in the land book according to letter c), the possessor may request the issuance of the certificate of registration in the land book of the possessor as owner. The procedure for issuing the certificate will be set by the protocol between the National Agency and the National Union of Public Notaries in Romania, to be published in the Official Gazette of Romania, Part I.
