On 6 January 2019 has entered into force the Order no. 3442/2019 of the general director of National Agency of Cadaster and Real Estate Publicity on the amending and supplementing the Regulations for the approval, reception and registration with the cadaster and land book records which was approved under the Order no. 700/2014 (the New Regulation).

There are certain essential aspects to be considered, as presented below:

  1. Registration of real rights in relation to immovable assets (in Romanian intabulare)
    • The New Regulation provides the manner of registration of the ownership title of co-owners, respectively regulates the case when not all co-owners are known. Thus, (i) in case the co-owners are identified and the shares are determined, the registration will include the actual co-owners and their shares; and (ii) for the other shares, the registration will include the "unidentified owner" phrase.
    • Also, it is provided that, after opening the land book, the whole immovable asset or a determined share quota may be object of the registration of real rights in relation to immovable assets (in Romanian intabulare) or of the provisional registration (in Romanian înscriere provizorie).
  1. Registration of rights in relation to immovable assets, other than real rights (in Romanian notare)

    • The list containing the cases of registration of rights in relation to immovable assets, other than real rights, has been completed, by adding two new cases, more precisely (i) the obligation regarding the use of the historical monument (easements constituted in favor of the immovable asset) and (ii) the leasing agreement having as object the use of the immovable assets.
    • The New Regulation supplemented the documents based on which this type of registration with the land book is made, namely such registration may be also performed on the basis of an administrative act that establishes or attests the right, the fact or the report subject to this registration.
  1. The rank of the registration
    • The rank of the registration is determined by the date, hour and the minute of registration. The rank of the registration can be modified by the agreement of the parties only regarding the mortgage rights.
    • In case several applications for registration of mortgage rights on the same immovable asset are filed within the same day, without being able to establish the order of the submission, the mortgage rights are registered with the same rank. Also, the mention of the equal rank will be entered in the "observations" section in the land book.
    • When the registrations regarding the ownership right over the immovable asset and the other principal real rights on the same immovable asset are demanded at the same time, the rights enter into competition and provisionally receive an equal rank, following that the court of law willsettle such dispute in accordance with the provisions of art. 890 of the Romanian Civil Code. Also, the mention of the equal rank will be entered in the "observations" section in the land book.
  1. The amendment of the surface of the immovable asset based on the cadastral documentation
    • The percent of the surface of the immovable asset located intra muros, which may be amended based on the cadastral documentation along with few supplementary documents, is increased from 10% to 15%.
  1. Registration (in Romanian notarea) of possession for sporadic cadaster works
    • If there are no ownership documents in respect of the immovable assets, the interested person may request the registration of its possession with the land book, under the conditions of art. 41 paragraph (8) of the Law no. 7/1996 and of a cadastral documentation of first registration. In the newly established land book with which the possession is registered, the entries already registered with the land book opened under the Decree-Law no. 115/1938 shall not be taken over, and the latter land book ceases.
  1. Registration of the amendments resulted from merger / demerger operations
    • The amendments that occur through merger / demerger operations are made on the basis of the cadastral documentation received by the territorial office and the consent of the owner or the possessor registered with the land book. The novelty is represented by the fact that not only the consent of the owner is available, but also the consent of the possessor, as the case may be.
  1. Registration of the mortgage right and movable privilege
    • As a result of the merger by absorption of the mortgagee, the guarantee right is registered in favor of the absorbing / resulted company. In order to carry out the operation of registering the mortgage right, based on the reorganization act, only the fixed tariff related to the registration of this right in rem shall be charged.
    • The mortgage right over the civil fruit of the real estate (present and future rents) or on the allowances due under insurance agreements regarding the payment of such civil fruit can no longer be registered as a real right, but registered as a right, other than a real right in Part III of the land book.
    • The enforcement of the real estate, as a whole, of its fruits or revenues is registered with the land book at the request of the bailiff, by applying art. 822 of the Romanian Civil Procedure Code.
    • The registration can also be made over the construction which has a different owner than the one of the land. The enforcement of the building on sections, floors, apartments, as well as on any other assets that the law declares immovable can also be noted.
  1. Registration of the enforcement deeds
    • If it is required to register the enforcement (in Romanian urmărirea silită) of an immovable asset that is registered with the land book in favor of the debtor mentioned in the enforceable title, and the debtor died prior to the filing of the registration request, the enforcement can be registered against the heirs based on the heir certificate or, as the case may be, based on the certificate of inheritance quality, which include the building in the succession.
    • The auction minutes that records the public tender, as well as the appeal against it are registered with the land book, according to the provisions of art. 849 par. (1) and (3) of the Romanian Civil Procedure Code.
    • As of the date of registration, the immovable asset shall be free of any mortgages or other privileges regarding the guarantee of the rights of claim. If the award price is paid in installments, the privileges shall cease at the payment of the last installment and may be removed at the request of the interested party, based on the evidence of the full payment.
  1. Provisional registration of securities and ownership right on a future construction

    • In order to register the guarantee rights, the ownership right on the future construction is provisionally registered (in Romanian înscrisă provizoriu) based on the building permit, the cadastral documentation not being necessary anymore.
    • The provisional registration (in Romanian înscrierea provizorie) of the ownership right over the construction will be justified, under the certificate which attests the construction of the building, issued in accordance with the legal provisions, or, as the case may be, under the court decision by which the reception at the completion of the works was ordered. In case the registration of the ownership right over the building is justified, the registration of the immovable mortgage will be justified ex officio.
  1. The registration of a pre-agreement
    • The de-registration of the notation of the pre-agreement is made ex officio when the sale agreement between the same parties is registered. The request for the inscription of the ownership right is rejected, if the buyer in the sale agreement is different from the promising buyer mentioned in the pre-agreement registered with the land book.
  1. The removal of the registration of the insurance measures
    • There are certain cases in which the prosecutor, during the criminal prosecution, the preliminary chamber judge or the court can take insurance measures that shall be registered with the land book. As a novelty, the removal of the registration can be done not only based on the order issued by the prosecutor or the court decision ordering the removal of the insurance measure, but also on (i) the award document issued by the bailiff; (ii) the final court decision pronounced within an action regarding the rectification of the land book; or (iii) the certificate issued by the court, which shall include the solution regarding the disposition of the removal of the lien.
  1. Waiver of the ownership right
    • When the registered owner waives its ownership right as per article 889 of the Romanian Civil Code, the land book shall not be ceased, while maintaining the registration of the waiver of the ownership right, instead of provisionally registering the respective ownership right in favor of the administrative-territorial unit, as regulated by the previous provisions of the Regulation.
    • Later, upon request, it will be possible to establish the ownership right of the usucapient (in Romanian uzucapant), based on the definitive court decision, or the ownership right of the administrative-territorial unit, based on the decision of the local council. The legal regime of the building, respectively the private domain, should be mentioned within the land book.
  1. Simplified documentation
    • The inventory of coordinates of station points and radiated points is no longer necessary for:
      1. the analog part of cadastral documentation;
      2. the cadastral documentation for first registration;
      3. the documentation for the registration of the dismantling of private property rights;
      4. the cadastral documentation for the registration of a definitive construction on a land which has been already registered with the land book;
      5. the cadastral documentation for modifying the limit / limits of the real estate;
      6. the cadastral documentation for modifying the surface of the real estate which is registered with the land book;
      7. the cadastral documentation for updating the category of use / destination of the real estate;
      8. the documentation for repositioning upon request;
      9. the cadastral documentation for updating other technical information regarding real estate;
      10. the cadastral documentation for merger / demerger operations;
      11. the cadastral documentation prepared for the reception of the plot map and the registration of the buildings with the integrated cadaster and land book system.
    • In accordance with the New Regulation, the copy of the plan of location and delimitation of the real estate shall be included in the cadastral documentation, only when the real estate is not registered with the integrated cadaster and land book system, for the following:
      1. the documentation for the registration of the dismantling of private property rights;
      2. the cadastral documentation for the registration of a definitive construction on a land which has been already registered with the land book;
      3. the cadastral documentation for modifying the limit / limits of the real estate;
      4. the cadastral documentation for modifying the surface of the real estate which is registered with the land book;
      5. the cadastral documentation for updating the category of use / destination of the real estate;
      6. the documentation for repositioning upon request;
      7. the cadastral documentation for updating other technical information regarding real estate;
      8. the cadastral documentation for merger / demerger operations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.