REAL ESTATE New Land Book Regulation 14 February 2023

Source: https://bbw.law/2023/03/29/legal-news-insights-february-march-2023-2/

REAL ESTATE: New Land Book Regulation

Order 600/2023 for the approval of the Regulation of reception and registration in the cadastre and land book entered into force as of 14 February 2023 (New Regulation), effectively replacing the previous regulation adopted by Order 700/2014.

The New Regulation aims at aligning the Land Book rules with other legal provisions – such as Law 7/1996 for cadastre and real estate publicity and Law no. 50/1991 on the authorization of construction works, as well as aiding in the digitization process of the Land Book processes. There will likely be initial delays in implementation due to significant amendments to workflows and procedures.

SOME NEW ASPECTS

• Among the rights that may be mentioned (in Romanian notate) in a real estate’s Land Book are now included ‘the legal usage right’ and ‘the right-of-way’ provided by Energy Law 123/2012.
• The registration of real estate rights granted for only a part of a property (including apartments that are part of a condominium) may be achieved through “interrupted stream”. However, the “technical information update stream” still applies, leaving it unclear whether the “interrupted stream” procedure replaces the previous procedure or if the beneficiary can choose either of the two.
• The file required for registering real estate rights must now also include (1) an analytical calculation of the affected area, (2) a copy of the plan that served as the basis for the allocation of the cadastral number of the real estate (applicable to land registered in the Land Book without geometry), and (3) the location and delimitation plan (PAD) of the property, in relation to the affected area.
• The New Regulation clarifies that removal of a real estate right burdening a property only requires the prior consent of the holders of the specific rights subject to removal, so from registered persons with an interest in the specific right being removed.
• The documentation required for the registration of real estate rights will no longer need to include a copy of the Land Book excerpt nor the coordinate inventory of station points and radiated points.
• The urbanism certificate is no longer required (for the Land Book procedure) when demerging land for purposes other than construction if the owner provides a statement confirming that the de-merger is not for construction purposes.
• The registration of ownership rights after company merger/ separations now follows the same requirements as those specified in Law no. 7/1996 – companies no longer need to provide an authenticated shareholders’ resolution, but, instead, an authenticated merger or separation project.
• When a real estate right is de-registered ex officio, there is no longer a requirement to register a record with the responsible Land Book office to prove the existence of such de-registration.
• For cancelling an ownership title through a final court decision, the Land Book now requires, besides the court decision, an acknowledgment from the County Commission that the ownership title was cancelled in court.