Documents required for the alienation of buildings and/or adjacent land
Besides the documents listed in the main page, in case of alienation of buildings and/or adjacent land, the following are also necessary:
1. The original property documents (sale, donation, court judgment, property deed according to the law on land, etc.) authorization of construction, the minutes of work-completion acceptance and other documents shown at point 1. – For apartments. If the building was acquired through a succession, the heir certificate will be submitted;
2. If the land became the property of the State before 1990 through the Law no 58/1974 and through the Law no 59/1974, the order of the prefect for the land related to the building (article 36 from the Law no 18/1991 on the land fund); (article 1 from the Law no 1/2000 for the reconstruction of the property right over the agricultural and forestry land, requested according to the dispositions of the Law of land fund no 18/1991 and Law no 169/1997); the documentation provided in the Order no 309/2010 for the approval of the collaboration Protocol concluded between the National Agency for Cadaster and Land Registration and the National Union of Civil-law Notaries on how to perform the land registration procedures, in the application of the Law of cadaster and land registration no 7/1996, republished, with the subsequent amendments and completions;
3. The receipts proving the payment of sanitation, gas, water fees (utility providers) will be displayed, according to the article 53 from the law 51/2006;
4. Proof of exercise/ non-exercise/ existence of the right of pre-emption for:
Besides the documents listed in the main page, in case of alienation of buildings and/or adjacent land, the following are also necessary:
1. The original property documents (sale, donation, court judgment, property deed according to the law on land, etc.) authorization of construction, the minutes of work-completion acceptance and other documents shown at point 1. – For apartments. If the building was acquired through a succession, the heir certificate will be submitted;
2. If the land became the property of the State before 1990 through the Law no 58/1974 and through the Law no 59/1974, the order of the prefect for the land related to the building (article 36 from the Law no 18/1991 on the land fund); (article 1 from the Law no 1/2000 for the reconstruction of the property right over the agricultural and forestry land, requested according to the dispositions of the Law of land fund no 18/1991 and Law no 169/1997); the documentation provided in the Order no 309/2010 for the approval of the collaboration Protocol concluded between the National Agency for Cadaster and Land Registration and the National Union of Civil-law Notaries on how to perform the land registration procedures, in the application of the Law of cadaster and land registration no 7/1996, republished, with the subsequent amendments and completions;
3. The receipts proving the payment of sanitation, gas, water fees (utility providers) will be displayed, according to the article 53 from the law 51/2006;
4. Proof of exercise/ non-exercise/ existence of the right of pre-emption for:
a.
the sale/purchase of forests,, according to the dispositions of article 1746 of the Civil Code and article 45 of the Forestry Code..
b.
the stimulation of creation and development of small and medium enterprises (SMEs). At article 12 letter d) from the Law no 346/2004 it is provided that "small and medium enterprises have the preference right when purchasing the available assets of the autonomous administration, national societies/companies, but also of the trading companies with state capital, located in the immediate vicinity of the assets they own in property;
c.
tenant. According to article 1849 Civil Code, "The tenant has pre-emption right on the leased agricultural goods exercised pursuant to art. 1730-1739."
