Responsible Agency

The Romanian Land Registry Association

1. Which agency/government body/authority is responsible for land registration?

National Agency for Cadastre and Land Registration (ANCPI)

2. If the responsibility for property registration is dealt with by an agency/authority, to which government department is it responsible to?

ANCPI operates under the authority of the Government

3. How is the organization managed?

ANCPI is managed by a General Director. Under his authority there are heads of Cadastre Dept. and LR Dept. At the moment the LR Dept. is headed by a former Chief Registrar who has a team of the employees of the department.

It is not regulated a time limited mandate.

The head of the LR Dept. was changed three times in 8 years.

4. Describe the organisational framework

ANCPI has its headquarter in Bucharest. Under its authority there are 42 county offices. Each county office has the authority over one or more territorial offices, mainly located in the same localities as entry level courts. Each territorial office has an exclusive substantial competence.

The applicants have to address to the competent territorial office according to the location of the real estate.

Most of the LR workflows are managed by an IT solution called E-terra. There is a centralized DB and the users have to log in to an active directory.

5. How is the agency/government body/authority funded?

ANCPI is funded from the State budget by the budget of Government General Secretariat

6. Are the staff of the agency/government, department/authority civil servants?

ANCPI’s employees are contractual staff and use to have permanent positions. Most of  the positions are occupied after passing an exam. The exam is organized by the ANCPI or county offices, depending on the position. For instance the land registrars are hired only after passing the exam organized only by ANCPI, while the assistant-registrars, referents, cadastral technicians exams are organized at county offices level.

7. Who is responsible for cadastral/mapping information? Is it the same organisation or a separate agency/department?

ANCPI includes both Cadastre and Land Registration. The responsability for technical atributes of the real estates belongs to cadastre specialists from Cadastre Dept. However, in case legal provisions are faulted by cadastre, LR may reject the registration.

8. What are the principal functions of the registering department/agency/authority?

Art. 10 form L.7/1996.

1) The technical function of Cadastre caries out by determining, based on measurements, the position of the limitations between the immovable nearby. The measurements works are accomplished by any graphical, numerical, photogrammetric or combined method.

2) The cadastral documentations determine the surface of the plots and premises, resulting from measurements.

3) In the framework of economical function of the Cadastre, the technical elements necessary for establishing the legal taxes of the immovable or, where appropriate, the tolls or taxes for these immovable, is pointed.

4) The judicial function of Cadastre caries out by the identification of the owners, of the freehold of the immovable and by their registration in the cadastral records, for the registration in the land book.

9. What are the key values/principles underpinning registration of title in your system?

The main principles underlying LR are: principle of opposability, Full disclosure principle/principle of integral publicity, the principle of legality, the principle of ex oficio, the principle of neutrality, specialty principle, the principle of priority (rank), the principle of relativity, The principle of probative value.

10. What registration system of property do you have in your country (title/deed)?

There is a title system

 

National Agency for Cadastre and Land Registration

1. Which agency/government body/authority is responsible for land registration?

National Agency for Cadastre and Land Registration.

2. If the responsibility for property registration is dealt with by an agency/authority, to which government department is it responsible to?

National Agency for Cadastre and Land Registration is subordinated to the Government and coordinated by the prime minister through a state counselor.

3. How is the organization managed?

National Agency for Cadastre and Land Registration is managed by a Management Board of Directors consisting of nine members and the Director-General. The Director-General may delegate the powers to the deputy general director. The legislation does not set a deadline for management functions with the exception of board members who are appointed for a period of 5 years.

4. Describe the organisational framework

42 regional offices are subordinated to the National Agency for Cadastre and Land Registration and they operate in each county and in Bucharest, all of having them legal personality. Each regional office has jurisdiction for those immovable located within the respective territory.Territorial administrative units subordinated to each regional office are listed in Annex no. 1 of the Regulation no. 633/2006 on organization and functioning of cadastre and land registration offices approved by the Director General.The database is managed by the national agency and local offices.

5. How is the agency/government body/authority funded?

National Agency for Cadastre and Land Registration is completely financed from the state budget through the budget of Government’s Secretariat General

6. Are the staff of the agency/government, department/authority civil servants?

Number of positions for the National Agency for Cadastre and Land Registration and subordinated units is approved by Government Decision and is totaling 3004 positions permanently staffed. If the position holder is under suspension of employment contract, then the position can be staffed on  temporarily.

7. Who is responsible for cadastral/mapping information? Is it the same organisation or a separate agency/department?

Responsibility for the cadastre information and mapping is held by the National Agency for Cadastre and Land Registration and by its subordinated units.

8. What are the principal functions of the registering department/agency/authority?

The main functions of the regional offices are: Inspector (cadastre service), land book registrars and assistant registrars (real estate land registry service).

9. What are the key values/principles underpinning registration of title in your system?

Principles governing the cadastre and land registry records are: the principle of opposability, the principle of whole publicity, the principle of legality, the principle of formality (authoritatively), principle of  neutrality, the principle of specialty, principle of priority, the principle of relativity and the principle of probative value.

10. What registration system of property do you have in your country (title/deed)?

Basic entity or recording is the immovable.