Real Estate Newsletter No. 4/2010

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Cadastre and real estate publicity related enactments

Government Emergency Ordinance no. 64 (published in Official Gazette no. 451/2010) amending and supplementing Law no. 7/1996 regarding cadastre and real estate publicity
This enactment sets forth a numerous substantial amendments to Law no. 7/1996, amongst which the following are to be noted:
(i) the cadastre process shall be performed on “cadastral districts” which are defined as being an area delimited by streets, rivers, railways, and which are comprised of one or several neighboring plots;
(ii) the National Registration Program of real estate assets shall be set up based on the multi annual plan set forth by the National Agency for cadastre and real estate publicity and approved by the Government;
(iii) if, when performing the technical cadastral process, the owner of an asset is not identified, but the possessor is known, its possession right over such assets shall be performed; for the real estate assets whose owners or possessors are not known, separate land books shall be opened bearing the mention “unidentified owner”;
(iv) the registration with the land book can also be performed automatically for each cadastral district, based on regulations approved by order of the director of the National Agency for cadastre and real estate publicity;
(v) the content of a land book and cadastral plan is proven by a copy of the land book excerpt, whereas the delimitation of two immovable is performed only with the copy of the cadastral plan;
(vi) if a real estate asset had been transcribed in another land book, the first land book shall be closed and shall not be reopened for new registrations;
(vii) until 31 December 2014, the holders of encumbrances registered under the transcription inscription registries shall request the opening of a land book and the renewal of encumbrances, subject to them not being rendered opposable;
(viii) the ownership right over constructions is registered with the land book based on the building permit and the reception minutes upon completion of construction works; for those constructions erected prior to the entry into force of Law no. 453/2001 amending and supplementing Constructions Law no.50/1991, the registration with the land book shall be performed based on the building permit and a certificate issued by the competent city hall;
(ix) ownership right over buildings can be performed on execution phases;
(x) ownership titles issued based on restitution laws (e.g., Land Law no. 18/1991) shall be performed automatically based on the parcel plan issued by the county commission having issued such title.

Forestry and agriculture related enactments

Order no. 904 (published in the Official Gazette no. 435/2010) approving the Procedure regarding the set up and authorization of forestry departments and their attributions, template of the set up and functioning documentation, as well as the content of the National registry of forestry managers and forestry departments
All permits, affidavits, endorsements which were issued based on Order no. 696/2008 having the same object as the aforementioned enactment shall be kept in full force.
Upon the entry into force of this enactment, Order no. 198/2009 approving the Procedure regarding the set up and authorization of forestry departments and their attributions, template of the set up and functioning documentation, as well as the content of the National registry of forestry managers and forestry department shall be repealed.

Law no. 160 (published in the Official Gazette no. 497/2010) amending article 23 of Law no. 1/2000 regarding the restitution of ownership right over agricultural and forestry lands
By this enactment, a new point shall be added to article 23 of Law 1/2000 stating that the administrative units having held ownership right over agricultural lands prior to the year 1945, can request the restitution over such lands within 60 days as of the entry into force of the above enactment.

Law no. 170 (published in the Official Gazette no. 507/2010) supplementing article 45 of Law no. 7/1996 of cadastre and real estate publicity and amending article 10 of Housing Law no. 114/1996
The cessation of the common use of the common parts within a multi storey building can occur, by grounded consent of two thirds of the co-owners. In such case, the transfer or mortgage of such common parts could be performed only under the existence of a majority of two thirds of the co owners.Amended article 10 of Housing Law provides that dwellings and individual units can be transferred and acquired by authenticated deeds, subject to the absolute nullity thereupon. The proof over the ownership right of such assets shall be done by ownership titles and land book excerpts for information purposes.

Law no. 830 (published in Official Gazette no. 513/2010) establishing and punishing forestry minor offences
The aforementioned enactment sets forth the concept of “forestry minor offence” which is to be sanctioned either with fine or with the retention or confiscation of goods either used or resulted from a forestry minor offence.Amongst the forestry minor offences, Law 830 provides the un continuous insurance of forestry services by forestry owners through authorized forestry departments, as well as the omission to submit to the competent authorities the forestry service agreement concluded with forestry owners. The amount of the fine to be applied in case of forestry minor offences shall be 5 times higher in case of legal persons.In addition, the category of the persons entitled to decide and punish forestry minor offence comprises both personnel from the forestry central/local departments and police agents from the Romanian Police.

Order no. 1221 (published in the Official Gazette no. 608/2010) approving the Regulations regarding the assignment of the administration right for the cynegetic fauna 
By this order the Regulation regarding the assignment of the administration right for the cynegetic fauna, attached as an annex to the order, is approved taking into considerations the provisions of law no. 407/2006 on hunting and cynegetic fund protection.
Upon the entry into force of this enactment, Order no. 218/2009 approving the Regulations regarding the assignment of the administration right for the cynegetic fauna shall be repealed.

Expected enactments

Legislative project for the modification of article 32 of Land law no. 18/1991
The project aims to modify the provisions of article 32 paragraph 1 of the Land law no. 18/1991 in order for the 10 years term representing the duration during which it is forbidden to alienate lands over which the ownership right was established considering the provisions of article 19 paragraph 1, article 21 and article 43 of this law to be computed as of the date the ownership endorsements were issued.

Legislative proposal for the modification and completion of article 2 of Law no. 247/2005 regarding the property and justice reform, as well as similar measurements
The initiators consider that the modification of article 2 paragraph 2 from Title X of Law 247/2005 is necessary in order to introduce the legal operations of transmitting in rem rights over lands with or without constructions, regardless of their destination or area, under the provisions of the law requesting conclusion of such deeds in a notarized form under the sanction of absolute nullity.It is also envisioned to complete article 2 with a new paragraph to state that the establishment or transfer of the dismemberments of the ownership right over the lands subject matter of the regulation, that were not concluded in an authentic form before the entry into force of this provisions, to be considered valid.

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