1. Sort of registrations or records. Please, describe your LR system criteria regarding the type of registration applied.
The structure of cadastre and land book system is complex, basically being known as cadastral register of real estate publicity. This register is kept by the territorial bureau in whose jurisdiction the immovable is situated and it includes:
- land books drawn up and numbered on the territory of each territorial administrative unit (commune, city).
- general register for entries, where applications are recorded.
- cadastral plan, including graphic representation of immovable.
- cadastral register of the immovable, indicating the cadastral number of the immovable and land books serial number where these are registered.
- alphabetical index of the owners.
- files in which applications for registration are stored, together with a certified copy of documents subject to registration. Each application for registration in the land book is accompanied by the original document or certified copy of it which support registration. For a court decision, a certified copy is submitted, noting that it is final and irrevocable.
Land book information structure is typically ABC taxonomy. The content of the information is explained in detail in Formal Publicity Fact Sheet.
There are three types of registrations in the land book: tabulation, provisional registration and notation. Tabulation and provisional registration are made with respect to real rights (ownership and its dismemberments). Notation refers to the registration of other rights (like personal rights), acts, facts or legal relations in connection with the immovable included in the land book.
Registration in the land book will include:
- day, month, year and number of the application under which the record is made. Decision of the registrar has the same number as the application for registration.
- date, number, type and issuer of the document justifying the registration.
- type of real right (or legal fact) and registration.
- holder of registered right/fact together with his/her identifiers. Personal identification code (for individual person) is mentioned in the land book, but it does not appear in the land book excerpt.
- share of ownership, as appropriate.
- price (for transactions) or guarantee amount (for mortgage). Transactions price is not mentioned in the land book excerpt.
2. Deadlines for registration. Must land registrars or LR offices make the registrations or entries requested within deadlines? Please, if applicable indicate which are.
Romanian land registrars have to make their legal scrutiny and registrations in a mandatory deadline. This deadline does not exceed 30 days from the date of filing the application to general register for entries.
The deadline varies depending on the type of service requested, e.g.:
- 21 days working for the first registration of an immovable in cadastre and land book system.
- 9 working days to register a transaction for an immovable entered in the land book.
- 6 working days to perform a notation.
- 2 working days to register a mortgage.
- 2 working days for issuing a land book excerpt.
The deadline is calculated on working days. Day of filing the application to general register for entries is not part of the term.
The deadline for providing services in normal regime is a fixed term. Applications not accompanied by proof of payment of emergency fee will be issued only to the expiry of normal term.
Upon request, the services can be provided urgently. In this case, the term is one third of the normal period. Applications accompanied by proof of payment of emergency fee can be issued until expiration of emergency term.
If the requested service cannot be provided due the lack of necessary documents, the settlement term will be calculated from the date when the file is completed with documents requested through a completing note.
3. Registration fees. Please, describe the main features of payment of LR fees. If you find it useful, suggest an example of registration fees of a sale of a property valued in € 100.000 and if it’s possible a mortgage.
The registration fees are regulated by specific order and they differ depending on the type of service required. They can be fixed or variable e.g.:
- approximately 3 euros/immovable for the first registration of an immovable in cadastre and land book system.
- 0.15% (for individuals) or 0.5% (for legal persons) of transaction price to register a sale of an immovable entered in the land book.
- approximately 2.5 euros/immovable + 0.1% of the guaranteed debt for registration of a mortgage.
The registration fees are collected in advance of filling the applications for providing requested services.
Providing emergency services involve the payment of the normal fee and an additional fee, whose amount is 4 times the normal fee, but no more than 5.000 lei (approximately 1.112 euros). Solving urgently may not depart from the principle of priority of entries in the land book, in case of multiple applications on the same immovable. If this principle does not allow resolving an emergency application, the emergency fee shall be returned to the applicant.
Failure to pay the appropriate fees for services required, in legal terms, or partial payment draws their rejection. Fees paid for rejected applications will not be returned.
Fees for 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.