Real Estate Newsletter No. 1/2011

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Regulations in the forest and agricultural field

Law 283 (published in the Official Gazette no. 15/2011) on the chambers for agriculture, forestry and rural development

This regulation sets forth the manner of establishment, organization and functioning of the county and regional chambers for agriculture, forestry and rural and regional development and of the National Agricultural Chamber, hereinafter referred to as agricultural chambers.
The agricultural chambers are nonprofit public utility institutions, with legal personality, established for the purpose of representing, promoting and protecting the interests of the agriculture, zootechny and forestry, as well as participating in the increase of the production of the agricultural, zootechnic and forestry branches.
In addition the agricultural chambers may set up companies according to the laws in force. Through the dividends of such companies the financing of the technical and operational departments can be assured.
At regional level, among the attributions set forth under their competence one can find the approval for removal of lands from the agricultural circuit the lands belonging to constituencies, drafting the documentations for changing the categories regarding the use of the lands.
The first elections pursuant to the provisions of this law shall take place within 120 days as of their entry into force.

Construction related enactments

Order no. 2701 (published in the Official Gazette no. 47/2011) for the approval of the Methodology for informing and consulting the public opinion with regard to the drafting or reviewing of urbanism and territory arrangement plans

The governmental law mentioned above approves the methodology for informing and consulting the public with regard to the drafting or reviewing of urbanism and territory arrangement plans . Within 60 days as of their being published in the Official Gazette, the local administration authorities shall draft and approve the Local regulation regarding the participation of the public in drafting and or reviewing the urbanism or territory arrangement plans pursuant to the provisions of the methodology.
For those documentations whose drafting is ongoing, the competent authorities shall inform and consult the public depending on their stage, without resuming the procedure entirely.
The order also stipulates that the urbanism and territory arrangement documentations approved without observing this order are null by operation of law.
The methodology provides details for each plan with respect to the participation of the general public in the preliminary stage, the documentation stage and the drafting of substantiation reports stage, the proposal stage as well as the plan approval stage. For PUZ and PUD the public also takes part in monitoring their implementation.

Decision no. 1268 (published in the Official Gazette no. 11/2011) on the approval of the Program for the protection and management of historical monuments registered on UNESCO’s world heritage

The Government of Romania adopted this decision whereby the program for the protection and management of the historical monuments registered on UNESCO’s world heritage, the program provided in the annex of the decision being valid for a 5-yer period starting with its effective date.

Decision no. 1405 (published in the Official Gazette no. 51/2011) on the approval of the use of certain contactual terms of the International Federation of the Engineers Consultants in the Construction field (FIDIC) for objectives of investments in the field of the transportation infrastructure of national interest, financed from public funds

This decision approved the use of the contractual terms for equipment and constructions, including FIDIC design and contractual terms for construction of buildings and civil works designed by the beneficiary, for objectives of investments in the field of the transportation infrastructure of national interest, financed from public funds. The mentioned conditions are part of the annexes to the decision.
It is provided that all units under the administration or authority of the Ministry of Transportation and Infrastructure have the obligation to use these contractual terms in the conclusion of contracts for the execution of works for objectives of investments in the field of the transportation infrastructure of national interest, financed from public funds, when the estimated value of the contract exceed the threshold provided by Art. 124 letter C) of the Government Emergency Ordinance no. 34/2006 (i.e., that of EUR 4,845,000 VAT excluded).

Laws and regulations regarding cadastre and real estate publicity

Order no. 2923 (published in the Official Gazette no. 15/2011) regarding the amendment and the completion of the Regulation for the implementation of the Law of notary publics and their activity no. 36/1995, adopted by Order of the minister of Justice no. 710/C/1995

Article 44 paragraph (2) of the regulation mentioned above establishes that every notary public chamber shall keep a record of all inheritance procedures where they shall put down all the inheritance procedures in their jurisdiction.
In addition, a new article 106¹ was inserted which stipulates that the notary public shall issue, at the request of those interested, within 3 business days as of their request, a statement with respect to the result of the verifications made in the record of inheritance procedures of the Chambre of notary publics and in the sole records of the National Union of Notary Publics. The statement must be issued by the notary public in whose jurisdiction is registered the last addressed of the deceased.

Decision no. 40 (published in the Official Gazette no. 59/2011) for the amendment and the completion of Government Decision no. 717/2009 regarding the approval of the implementation rules of the program “the First House”

Through this enactment the limits of the guarantees to be issued for the year 2011 are established.
The due amount of the guarantees that can be provided in 2011 are reassigned between the financers accepted in the program in accordance with the provisions of article VII of Government Decision no. 119/2010 modifying Government Decision no. 717/2009.
In addition, it was stipulated that the beneficiaries can acquire or built on the basis of this program residences to be constructed through associations without legal personality conditioned that at least one of the associates is the owner of the land on which the residence will be built.
In the thorough justified cases, there were provided the category of persons that can also of benefit of the provisions of the decision, as well as the applicable conditions.

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