1. WHO CAN APPLY FOR INFORMATION: IS THE LR ABSOLUTELY PUBLIC OR NOT?
According with Law no. 677/2001, any processing of personal data can be performed only if the data subject has given consent expressly and unequivocally regarding the processing. Person`s consent is not required when processing regards the exercise of public authority prerogatives with which the operator is invested. For instance, in the absence of the above mentioned consent, processing the personal code number or other personal data with a general function of identification can be made only if it is expressly stated by a legal provision. Art. 48 of Law on cadastre and real estate publicity no. 7/1996 establishes that the registrar accepts the application and decides the tabulation or provisional registration, only if the document specifies the personal code number.
The operator is obliged to notify the National Supervisory Authority for Personal Data Processing the performance of any data processing. Notification is not required if the processing is intended solely for keeping a register for public information and open to the general public consultation or to any person that proves a legitimate interest, under the condition that the processing is limited to data strictly necessary for keeping the register mentioned above.
Information on the national geodetic network, official maps, cadastre and land registration are public information, representing public property of the state, and are administered by the National Agency for Cadastre and Land Registration by subordinate units. These data are available and accessible to any natural or legal person for fee, except for information relating to national security.
The cadastral register of real estate publicity contains:
- land books drawn and numbered on each administrative-territorial unit;
- general entry register;
- cadastral plan;
- cadastral register of immovable, indicating the cadastral number and serial number of land books in which immovable are entered;
- alphabetical index of the owners;
- files that preserve registration applications together with a copy of documents certifying the legal acts or facts subject to registration.
In accordance with new regulations of the Civil Code any person, without being held to justify an interest, can investigate any land book and other documents with which it completes, by law. Upon request, there are issued excerpts, certificates or certified copies of the original land books, plans or documents, with the proof of legal fees payment. By exception, the map of documents which formed the basis of performing entries in the land book may be consulted by any interested person, under the law on personal data processing and free movement of such data.
Throughout the copies of the documents not prepared by the bureau of cadastre and real estate publicity, personal data shall be blurred, according to Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and free movement of such data, with subsequent amendments.
Personal data are not obscured when the copies are requested by interested mentioned in the land book, or by institutions empowered to request such copies, according to law.
In the content of the other documents (such as land book excerpts), containing personal data, in the bottom of every page, except classified documents, the following quote shall be inserted: Document that contains personal data protected by the Law No. 677/2001! Also, some information (e.g. price of the transaction, personal code number) is not indicated in the content of the land book excerpt.
Thus, if the documents are drawn up by the bureau of cadastre and real estate publicity, personal data shall not be concealed.
The immovable entered in the land book are identified by the following identification:
- administrative-territorial unit (commune, town, city) where is located;
- land book number;
- cadastral number.
These should be indicated by the person applying for a land book excerpt or a copy of the land book.
If the above information is not known, may require the appropriate bureau of cadastre and real estate publicity in whose area of activity is the immovable located , the identification of cadastral number and land book number by the owner’s name. However, this service is available only to persons authorized by special laws to require that information.
2. WHERE CAN BE FOUND THIS INFORMATION:
In each county, there is a cadastre and real estate publicity office, subordinate to the National Agency for Cadastre and Land Registration. Within each office operates one or more bureaux of cadastre and real estate publicity. Several administrative units (commune, town, city) are assigned to each one of the last.
Applications regarding the provision of information are addressed to the bureau of cadastre and real estate publicity for the immovable located in their activity area. Applications are recorded and released through the registration department. After registration in the general entry register, the request for providing information is distributed randomly by the electronic system to an employee (usually the assistant-registrar) to resolve it.
Contact details of offices/bureaux of cadastre and real estate publicity are posted on the website of the National Agency for Cadastre and Land Registration (www.ancpi.ro) under Local Offices Section.
According to legal provisions, National Agency for Cadastre and Land Registration may collaborate with Romanian or foreign individual and legal specialty persons, under the law, to achieve objectives of common interest, according to its activity.
By applying these provisions, National Agency of Cadastre and Land Registration has concluded cooperation agreements with other public institutions (National Integrity Agency, National Tax Administration Agency, National Office for Preventing and Combating Money Laundering), allowing them on-line access to informatics integrated system of cadastre and land book.
3. HOW TO OBTAIN IT:
As mentioned in section 1, the immovable is identified by the following elements: administrative-territorial unit (commune, town, city) where it is located, the land book number and cadastral number.
The application form for the release of the land book excerpt:
- for information can be found in Appendix 3 to the Regulation on organization and operation of the cadastre and real estate publicity bureaux, approved by the General Director of National Agency for Cadastre and Land Registration by Order No. 633/2006, as amended and supplemented. It can be downloaded from the website of the National Agency for Cadastre and Land Registration www.ancpi.ro, Section Specific Documents.
- for authentication is established in Appendix 3 to the Collaboration Protocol between National Agency for Cadastre and Land Registration and National Union of Public Notaries in Romania, approved by the General Director of National Agency for Cadastre and Land Registration by Order No. 309/2010. This form, used exclusively by public notaries, is not available on the website of the National Agency for Cadastre and Land Registration.
Requests for information provision are made in Romanian language.
Application form for issuing the land book excerpt may be directly delivered to the cadastre and real estate publicity bureau or may be sent by fax or e-mail.
Completing the application form for issuing the land book excerpt for information, the applicant must indicate how the land book excerpt shall be communicated (by mail, at headquarter of cadastre and real estate publicity bureau or by fax) by ticking the corresponding box in the form contents.
According to Order No. 186/2009 of General Director of National Agency for Cadastre and Land Registration, as amended and supplemented, land book excerpts issue in the following deadlines:
- land book excerpt for information:
- 3 days, in normal
- 1 day, in emergency
- land book excerpt for authentication:
- 2 days, in normal
- 1 day, in emergency
Fees for the provision of real estate publicity services are contained in Appendix 1 to the Order of Minister of Administration and Interior No. 39/2009, as amended and supplemented. For issuing in normal procedure:
- a land book excerpt for information will be charged a price of 20 lei/immovable (approximately 4.90 euros/immovable);
- a land book excerpt for authentication will be paid a fee of 40 lei/immovable (approximately 9.80 euros/immovable).
Providing emergency service involves not only the price for normal service, but also the payment of an additional fee, whose amount is four times the normal price.
The requested information is provided in Romanian, not being available translation in a foreign language.
4. WHEN DOES THE EXCERPT ISSUES?
- Land book excerpt for information is issued at the request of any person. While a registration application is pending, no land book excerpt is released.
- Registration services in the land book (such as tabulation, provisional registration or annotation) include a free delivery of a land book excerpt for information, which shows how the entry was made.
- The land book excerpt for authentication is issued at the request of a public notary, in order to authenticate documents through which a real right is transmitted, constituted, modified or extinguished. Following the issuance of the above mentioned excerpt, the cadastral number on which the application refers is blocked for a period of 10 working days from the date and time of application and ending with the end of the tenth working day. The excerpt for authentication can be unblocked also before the expiration of 10 days, but only in two situations: at the request of the public notary if the convention is not drawn up anymore, or opposite, after the convention is concluded. During the period of unavailability, may be issued only certified copies of the land book and land book excerpts for information, mentioning the registration number and date of application for issue of land book excerpt for authentication and also the public notary who requested this excerpt.
5. WHAT IS THE VALIDITY PERIOD OF THE EXCERPT FROM THE LAND BOOK?
- The land book excerpt for information has no validity term; it reflects the legal position at the time of its writing.
- The land book excerpt for authentication is valid for 10 working days, starting with the date and time of issue application and ending with the end of the tenth working day.
6. WHERE CAN THE EXCERPTS FROM THE LAND BOOK ARE USED?
The land book excerpt for authentication can be used only for authentication of notarial acts through which a real right is transmitted, modified or extinguished:
- The land book excerpt for information is issued for information purposes and may be used in any of the situations referred to in points A, C and D. This excerpt does not apply to the conclusion of acts authenticated by the public notary.
- The land book excerpt for authentication can be used only for authentication of notarial acts through which a real right is transmitted, constituted, modified or extinguished.
7. HOW TO IDENTIFY THE IMMOVABLES?
The immovable (land with or without constructions) included in the integrated cadastre and land book system is identified by the following elements: the administrative-territorial unit in which it is located, the land book number and cadastral number.
Cadastral number of the immovable is a unique identifier linking the graphics database and the textual database of information integrated system of cadastre and real estate publicity
8. LR AND CADASTRAL RELATIONSHIP:
Cadastre and land book form a unified and integrated system of technical, economic and legal evidence, of national importance, of all the immovable across the country.