Legislation

NECESSARY PAPERS FOR A REAL ESTATE TRANSACTION IN ROMANIA

INFORMATION REGARDING THE REAL ESTATE TRANSACTIONS IN THE SERBIAN REPUBLIC

BUYING REAL ESTATE BY FOREIGN CITIZENS IN HUNGARY

NECESSARY PAPERS FOR A REAL ESTATE TRANSACTION IN ROMANIA

Before selling a property one should make sure that all the paperwork are correct, for example if the property is registered at the cadastral registry and the financial authority, if the taxes are paid, the succession is made, the mortgage is finished, etc. You could lose a good offer if these aspects are not in order.

Necessary documents for the sales of an apartment:

sales contract, the certificate of inheritance, the court sentence
the cadastral registry - valid for 30 days (CADASTRAL REGISTRY - an official certificate representing the core element in the real estate publication system in which the records are kept on each estate and not on estate-owners. The cadastral registry is drawn up in a distinct manner for each estate and includes comments about all acts of transmission or acts that generate rights regarding the respective estate. The cadastral registry is elaborated and numbered for each town.)
fiscal certificate from the City Hall regarding the payment of taxes (FISCAL CERTIFICATE - a document issued by the Tax Office but which doesn’t represent an Act of Ownership, it is a proof that the seller does not have unpaid taxes.)
a receipt form the Tenants’ Association
identity card, certificate of death

Necessary documents for the sale of a house (an old building):

sales contract, certificate of inheritance, court sentence
the cadastral registry - valid for 30 days
fiscal certificate from the City Hall proving the payment of taxes regarding the building
receipt issued by the City Hall regarding the evaluation of the house
identity card, death certificate

Necessary documents for the sale of a house (a new building):

sales contract, certificate of inheritance, court sentence
the cadastral registry (along with the number of the house) - valid for 30 days
fiscal certificate from the City Hall regarding the payment of taxes
receipt issued by the City Hall regarding the evaluation of the house
building/project authorization
approval for the use of utilities: water, gas, sewage, electricity
identity card, death certificate

Necessary documents for the sale of land, in or out of the town area:

sales contract, certificate of inheritance, court sentence, the prefect’s order regarding lands awarded on the basis of a certain Act (valid only for Romania)
the cadastral registry - valid for 30 days
fiscal certificate from the City Hall regarding the payment of taxes
area framing plan
ATP(PUZ ro) - area town plan, GTP(PUG-ro) - general town plan - issued by the City Hall
approval for the use of utilities: water, gas, sewage, electricity
identity card, death certificate

Necessary documents for the leasing of an apartment, house, commercial area etc.:

leasing contract issued by the Financial Administration
fiscal statement of the owner necessary for declaring the tax opposable income resulting from receival of rent
cadastral registry statement valid for 30 days
identity cards of the owners and tenants
expenses receipts - paid on time
delivery and receiving document of the estate

BUYER

Identity card, passport for private individuals
Matriculation certificate for the firm, memorandum of association, ascertainment certificate, Unique identifying code, stamp - for corporate bodies.

WARNING: If the estate is not registered in the cadastral register it must first be registered using the following documents:

2 copies of the estate attainment documents (at least one must be original)
blueprint of the real estate
delivery and receiving documents for the estate
written request to register the estate at the Cadastral register, from the Court house

The identity cards must be valid in order to be used in the documents used to sell de estate. If the identity card has expired in the year of the transaction a passport can be used. The marriage certificate is mandatory when signing the original contract because the contract is a disposition document which requires the acceptance of both husband and wife and their relationship can only be proven legally through a marriage certificate.

All about leasing
When a person wants to lease a house a leasing contract must be written together with the renters for the house that is being leased. The contract must be registered with the local fiscal authorities and will be a guarantee guarding you from trouble in the future.
At the same time, the contract also protects the renters. Being a contract both parties have both rights but also responsibilities that must be respected.

Leasing houses is done with a written agreement between the owner and the renter, through a contract which should be registered with the local fiscal authorities. The contract should have the following elements:

the address of the house in question
living surface, personal and communal endowments
Value of the monthly rent, rules for changing this value and ways of payment
An inventory of the objects and endowments
Starting date and duration of the contract
Other clauses between the parties

Act 114/1996 (housing act) states as null any clauses in the contract that convene the following:

an obligation of the renter to admit or pay any sum in advance to the owner for repairing the estate;
state responsibility of all the renters with regard to damaging building elements, installations and other elements belonging to common spaces
Oblige the renters to insure the house or objects;
Take away the responsibilities of the owner, responsibilities that would otherwise be legally obligatory;
Authorize the owner to obtain further earnings by not respecting the convened clauses in the contract. The responsibilities of the two parties:

1. OWNER:

should hand over the house in perfect working order;
should make sure that any mending is done so that the building is kept functional and safe throughout the period in the contract;
should upkeep structural elements of the building, outer elements (roof, pavement, fronts, surroundings), yards and gardens, and communal spaces (staircase, elevator, hallways, corridors, basements and outer staircases);
should upkeep communal installations (elevator, water pump, water pipes, sewage, heating, electrical and gas installations and appliances, warm water boilers, burners, waste collection systems, tv antennas, telephone lines, etc)

2. RENTER:

should upkeep construction and installation elements in private use;
should repair or fix outer or inner communal construction and installation elements which were damaged by improper use. If the responsible people have not been identified those who use these elements together will have to pay for the mending.
Should clean the house on the inside and the communal usage elements throughout the duration of the contract.

If the renter re-leases the house his responsibilities do not change.
If the owner does not respect his responsibilities regarding the mending of the leased house, the renter can mend the house himself, covering the costs of the mend from the monthly rent.

The renter can only mend the elements if these affect the daily use of the building and only after the owner has been told through a written request and has not taken any action for 30 days.

The rent should cover all administration costs, upkeep costs, mending costs, land and building tax, as well as a return on investment according to the normal usage period as stated by the law. The rent will also include a profit negotiated by the two parties.

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