1. LR territorial organisation. In your LR system, applications of registrations or documents for registration must be presented, lodged or taken to:
In each county, there is a cadastre and real estate publicity office, subordinated to the National Agency for Cadastre and Land Registration. A chief registrar leads the whole land book activity from a territorial office.
Within each office operates one or more bureaux of cadastre and real estate publicity. Several administrative units (commune, town and city) are assigned to each one of the last.
Applications regarding the land book registration are addressed to the bureau of cadastre and real estate publicity for the immovable located in their activity area.
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.
2. Please, indicate those means whereby one can present applications or documents in your LR Offices and point the main features.
Applications may be submitted by right holder registered in the land book or the interested person, by legal representative person acting under an authenticated mandate, by public notary who draws up the legal act, or by natural or legal person who carries out the cadastral documentation.
To address any request for registration which is to carry out a land registry operation, the applicant shall submit the proof of identification, as an interested party or on its behalf or, where appropriate, mandate, authority lawyer empowerment, legal advisor delegation or notarial delegate empowerment, which shall be attached to the file.
Authorized person (who carries out the cadastral documentation) may apply for a reception and registration on behalf of the right holder by the work order for execution.
The request for registration in the land book, submitted personally, will be compulsory attached a copy of the identity act of the depositor.
Applications and documents related to registration in the land book can be sent by mail or fax, but they are settled only after receiving the documents in original or certified copy. Therefore, in this case, the time for resolution is calculated from the date the documents and/or original cadastral documentation are received.
3. Does the fact of the presentation of the document (or application for registration) lead any type or entry or annotation in the LR Office books?
The fact of the presentation of documents (or application for registration) does not lead any type or entry or annotation in the land book.
Romanian Civil Code regulates three types of registrations in the land book: tabulation, provisional registration and notation.
Tabulation and provisional registration concern the real rights registered in the land book.
Provisional registration has the effect of the acquisition, modification or extinguishing of a real right registered in the land book, from the date of filling the application, under the condition and extent of its justification.
Provisional registration in the land book will be required when:
- the acquired real right is affected by conditions or if it concerns a future construction;
- under a court decision not yet final, the losing party was forced to transmit, create or extinguish a real right or the person who manages assets for another one had to give a mortgage guarantee;
- the debtor has recorded amounts for which mortgage was registered;
- it acquires a real right registered as provisional;
- both parties agree to make a provisional registration.
4. In case of presentation based on temporary or provisional entries, please point specifically deadlines of them and also main features.
As it mentioned above, the fact of the presentation of the document (or application for registration) has no effect for land book registration.
Regarding the provisional registration, there is not regulated any term for its justification.
Justification for provisional registration is made with the authentic consent of holder in favour of which provisional registration was made, or under a final court order.
Justification of cancelling mortgage right shall be made under:
- the court order for validation, in final form;
- authentic consent of the creditor;
- the report prepared by the executor through which finds the acceptance of debt payment;
- the decision drawn by the executor, through which the payment is carried out, in final form.
Justification for provisional registration extends its effect on all registrations that were made conditioned by its justification.
5. Is the payment of taxes a necessary condition or prerequisite for making the registration?
Upon act authentication by the public notary, in order to transfer the property right, the seller must present:
- a fiscal certificate issued by the local public administration authority, certifying the payment of all local tax obligations owed;
- a certificate issued by the association of owners, attesting the payment of daily allowance towards the costs of the owners’ association (if an apartment is transferred);
For transferring of ownership right and its dismemberments, the person whose real property rights are transmitted dues a tax, generically known property transfer income tax.
This tax is paid prior to entry in the land book and it is collected by the competent fiscal authority.
Also, fees for performing the registrations in the land book are charged in advance, before recording the applications for providing the requested services.