What is the Romanian land book registry?
The land book registry is a public register in Romania, which includes the complete and accurate legal records of real estate, more exactly what individuals or legal entities owns each piece of property. Its purpose, according to Article 876 of the Romanian Civil Code, is to describe the real estate and to show the rights and obligations over that piece of property. Also, when we refer to the term of land book, it is necessary to refer to the cadastral registry. The cadastral registry is the one that deals with the identification, measurement, description and registration of real estate in cadastral documents and their representation on maps and cadastral plans. The two represent a unitary and mandatory system of technical, economic and legal records, of national importance, of all buildings throughout the country.
In other words, the land book is the “business card” of a building and which proves that a certain person is the rightful owner of the property. And the cadastral registry contributes to the exact description of the buildings listed in the land book registry.
How can I register a right in the Romanian land book registry?
The registration in the land book can be done by tabulation, provisional registration or notation.
The tabulation is the registration that has as object real estate rights, which produce effects from the date of the application’s registration. By tabulation we can mention in the land book rights over a building, such as the right of ownership, the right of administration, the right of free use or a mortgage.
The provisional registration has the same purpose as tabulation but differs from it by the uncertainty that looms over the real estate rights subject to registration. For example, the rights may be affected by a condition precedent.
The notation in the Romanian land book registry is made when we refer to rights other than real estate, such as personal rights. Art. 902 of the Romanian Civil Code lists the acts or legal facts that can be noted in the Romanian land book registry, such as the judicial interdiction and lifting of this measure, that a building is subject to joint ownership, a matrimonial agreement or that a building is considered family home.
What is the procedure for registration in the land registry and which Romanian authorities should I go to?
In order to register real estate right for the first time, it is necessary to make the cadastral documentation of the building beforehand, which you can see here, and then to address the National Agency for Cadastre and Real Estate Advertising (ANCPI), through a Territorial Office of Cadastre and Real Estate Advertising (OCPI) located in the area of the town where you want to register the respective building. The list of territorial offices can be found here .
After you make sure that the cadastral documentation is complete, you submit a standard application for registration in the land book at the territorial office of cadastre and real estate advertising in the constituency of which your property is located. The standard application will be offered to you by the employees of the respective office. Along with this application, do not forget to attach the original document or the legalized copy of the document, proving that you are the owner of the right you want to register.
Your request will be solved within a reasonable time, approximately 30 days, and the solution will be communicated to you by the officials of the territorial office to which you submitted it.
What is the land book excerpt, what is it used for and how do I get it? Are there more types of land book excerpts?
The land book excerpt is like an ID for the building. When you want to make a transfer of property, this document is essential at the signing, because it provides all the essential information about the said property.
The land book excerpt is available in three forms, each with a clear purpose: excerpt for information, excerpt for authentication and excerpt in extenso.
Regardless of the type of excerpt you need, you must contact the Territorial Office of Cadastre and Real Estate Advertising in the constituency in which your property is located. Regarding the excerpt for information and the one in extenso, the request for release can be made by any individual or legal person interested in a certain building. In the case of the authentication statement, the request will be made by a notary together with the applicant.
Also, the request can be made both physically, directly at the National Agency for Cadastre and Real Estate Advertising or at the territorial offices, and online, directly on the ANCPI’s website. You will have to pay a fee for issuing the extract which varies between 20 and 40 lei ( 5-10 euros) and for the emergency release the fee is approximately 200 lei (50 euros).
Tips and tricks
It is good to know that when you request an online land book excerpt, you will need to know the cadastral number of your property. If you don’t know it, the National Agency for Cadastre and Real Estate Advertising provides you a specialized portal where you can find out your cadastral number with the help of an interactive map. The map is available here. Also, on the ANCPI portal you can request online documents like cadastral plans or other documents that you will need for land book registrations.
Maria Valentina Grigoriu
Legal Intern at R&R Partners Bucharest
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