Obtain information from the Cadastre
Agency: Cadastre and Real Estate Publicity Office
The seller obtains information drafted by an authorized expert from the Cadastre and Real Estate Publicity Office. This information includes: technical memorials, coordination inventory, analytical calculation of the land, topographical description, area plan on a scale of 1:500; and on the scale of 1:2000, description of property, the plan of the real estate, and a property statement regarding the identification of the limits of the measured real estate.
The documentation shall include: Application form; A copy of the identification documents of the owner.
Order no. 700/2014 was repelled and replaced first by Order no. 16/2019 for the approval of the tariffs for the services provided by the Real Estate Office published in the Official Gazette on January 10, 2019. Order 16 has been subsequently amended on February 28, 2019 by Order no. 796/2019 which has been published in the Official Gazette 174 on March 5, 2019 and entered into force on March 11, 2019.
Any document having a public character (e.g., location layouts, cadastral data) can be obtained by any person and not only by the owner of the property.
Time:
- Consultation of archives: 1 day (order 117/2016 point 2.7.1)
- Obtaining a Land Book information excerpt (order 117/2016, annex 1, point 2.7.2.):
- 2 business days (regular procedure) and 1 business day (expedited procedure )
- Obtaining certified copies of documents from the files and land books (order 117/2016, annex 1, point 2.7.5.):
- 2 business days (regular procedure); 1 business day (expedited procedure)
- Obtaining the certificate for the identification of the topographic/cadastral number and land book number according to the name of the owner (order 117/2016, annex 1, point 2.7.6.): 10 business days (regular procedure ) and 3 business days (expedited procedure )
- Obtaining cadastral plan excerpts (order 117/2016, annex 1, point 2.7.7.): 3 business days (regular procedure ) and 1 business day (expedited procedure )
Time and cost: 8 days, RON 80
- Consultation of archives on the spot – cost 10 RON for 15 minutes (order 16/2019, annex 1, point 2.7.1)
- Land Book information excerpt – cost: 20 RON for online requests; 25 RON for requests registered by registry office (order 16/2019, annex 1, point 2.7.2.)
- Certified copies of documents from the documents files and land books – costs: 25 RON per file (order 16/2019, annex, point 2.7.5.)
- Certificate for the identification of the topographic/cadastre number and land book number according to the name of the owner – cost: 10 RON per owner/land book office (order 16/2019, point 2.7.6)
- Cadastre plan excerpts : cost – 15 RON per property (order 16/2019, annex, point 2.7.7)
Obtain the fiscal certificate from the direction for public taxes of the Municipality
Agency: Municipality
The Seller obtains a clearance certificate from the direction for public taxes of the Municipality from the district were the real estate is located attesting that the property is not owned by someone else and that there are no unpaid taxes. This fiscal certificate is required for completion of a transfer of ownership. The fiscal certificate is valid for up to 30 days for legal entities (90 days for individuals).
The documentation shall include:
- An application from the owner
- A copy of the identification documents of the owner
- The last accounting records of the company
- The power of attorney for the company’s representative
Time and cost: 4 days, no charge
Obtain the Land Registry extract (non-encumbrance certificate) from the Land Registry office
Agency: Cadastre and Real Estate Publicity Office
For the notarization of the transfer deed of an immovable, the notary public requests an authentication excerpt from the Land Registry online. The authentication excerpt may only be obtained by a notary public.
The validity of the authentication excerpt is of 10 business days, starting with the day when the request application form was requested. During the 10-business days validity period, the Land Registry office clerk is not entitled to register any other operation in the relevant Land Registry, save for the one for which the excerpt was required; the Land Registry is blocked during the aforementioned period, in order to ensure the security of the real estate transactions. However, if during the validity term, the notarial deed for which the excerpt was requested is submitted to the Cadastre and Real Estate Publicity Office for registration or if the notary public made an express request in this sense, the validity of the excerpt expires.
Time and cost: Less than 1 day (online), RON 40 (Authentication excerpt – 40 RON in regular Procedure (2 business days), 200 RON in expedited Procedure (1 day))
The notary authenticates the transfer deed
Agency: Notary Public
The notary public verifies the fiscal certificate and the Land Registry excerpt and notarizes the sale purchase agreement. Without these documents, the notary public may not notarize the agreement. According to the actual legal provision, the sale purchase agreement shall be drafted only by the notary public.The costs related to the procedure could be paid either directly to the notary public, or via bank transfer. Though it is not mandatory, a lawyer may conduct a due diligence before this procedure, by perusing the previous successive transfers and owners of the property. The notary public is obliged to verify all encumbrances and relief measures instituted over the immovable to be sold in the public records and it is liable for the failure to specify in the notarial deed the encumbrances and the relief measures over the immovable – see also 2.1.3., above. The documentation for the notarization of the transfer deed includes, among others, the following:
- The property title in original,
- The cadastral documents of the property (obtained in Procedure 1),
- The Fiscal certificate from the local taxes office (obtained in Procedure 3),
- Identification certificates/documents for the signatory parties (identity cards, passports, registration certificates, etc),
- Documents attesting the capacity of the signatories to sign the sale purchase agreement (power of attorney, shareholders’ decision, articles of incorporation, etc.).
The Seller – legal entity has to pay an income tax of 16% applied on the profit resulted in the company’s balance sheet, including this transaction.
Time and cost: 2 days, RON 12,843.21
RON 5,080 + 0,44%, of the transaction value exceeding RON 600,001 (notary fees).
For transactions with the value of the transaction (in RON):
- Below RON 15,000 – the fee is 2,2% but no less than RON 150
- From RON 15,001 to RON 30,000 – the fee is RON 330 + 1,6% for the amount exceeding RON 15,001
- From RON 30,001 to RON 60,000 – the fee is RON 580 + 1,3% for the amount exceeding RON 30,001
- From RON 60,001 to RON 300,000 – the fee is RON 970 + 0,9% for the amount exceeding RON 60,001
- From RON 300,001 to RON 600,000 – the fee is RON 3,130 + 0,65% for the amount exceeding RON 300,001
- Over RON 600,001 – the fee is RON 5,080 + 0,44% for the amount exceeding RON 600,001
Register the title with the Land Registry Office
Agency: Land Registry office
The same public notary applies for registration of the property title at the Land Book Office, by sending the application and the original notary deed, directly or by fax, to the district Land Book Office where the real estate is placed. Therefore, the registration is performed ex officio by the notary, based on the authenticated sale purchase act. An expedited option is available given that an extra fee of 4 times the normal fee will be added. The extra fee cannot be more than RON 5,000. Registration fees are 0.5% of property value with a minimum of RON 60 according to Order no 39/06.04.2009, for a Procedure that takes 9 days. An expedited Procedure is available (3 days) for an additional fee of 2% of property value. According to the article 1 paragraph 6 of Order no 39/2009, this additional fee cannot exceed RON 5000. Only when the real estate is registered in the Land Book for the first time a tax of RON 120 should be paid for this registration. In case the owner registers his/her property for the first time (i.e. following the reconstitution of the ownership for which the cadastre is made for the first time) the terms for registration are 21 days (regular Procedure) or 7 days (expedited Procedure).
The documentation shall include:
- Sale-purchase contract (notarized in Procedure 4)
- Fiscal certificate (obtained in Procedure 2)
- Cadastre certificate (obtained in Procedure 1)
- ID of the buyer
- A registration application
- The property title, all the originals, plus a legalized copy from a public notary
- Proof of total payment
Time and cost: 3 days, RON 16,821.83 (0.5% of the property value without VAT (regular Procedure); 2% of the property value without VAT (expedited Procedure). The extra fee paid for the expedited Procedure cannot exceed RON 5,000.)
File the fiscal declaration confirming the acquisiton of the property
Agency: Local Tax Department
The fiscal declaration concerning the immovable acquisition should be filled in by the purchaser at the Local Tax Department within a 30-day term since the notarization of the transfer deed. The documentation shall include: tax statement for the immovable, the property title, in original and a copy, accounting documents (invoice, analytical balance, balance sheet, etc.), cadastral documents, copy of the registration certificate of the company.
Time and cost: 1 day, RON 10
