Appeal of ANRP decisions
Real estate lawyer in Romania. General aspects ANRP (National Authority for Property Restitution) and property restitution in Romania
Challenging ANRP (National Authority for Property Restitution) decisions is primarily the result of issues that stem not only from the legal context but also from the historical one, as many properties were abusively confiscated by the Romanian communist state between 1945 and 1989. Thus, the current process of property restitution in Romania or compensation for properties taken abusively is quite complex and lengthy, considering the time that has passed since then. However, what also complicates the process are the frequent errors that occur in property evaluation in Romania, often leading to undervaluation. This may cause property owners to believe that the ANRP (National Authority for Property Restitution) compensation points offered do not reflect the real value of the lost properties.
The ANRP (National Authority for Property Restitution) is an institution with responsibilities in issuing ANRP decisions and ANRP compensation points according to Law 165/2013, as well as in resolving claims for the restitution of properties in Romania that were abusively taken by the state, either through restitution in kind or by providing compensation equivalent to the lost property. Additionally, when the restitution of properties in Romania in kind is no longer possible, based on the application submitted to ANRP, the owner may obtain assets equivalent to the lost property.The Romanian Law Firm Pavel Mărgărit and Associates recommends seeking the services of a real estate lawyer in Romania who can assist you with drafting the challenge, submitting it to the competent court to resolve the case, and representing you before all authorized institutions to ensure that all legal requirements are met. Furthermore, the legislation regarding property restitution in Romania has undergone numerous changes and interpretations, which could generate difficulties in understanding and applying it without the assistance of a litigation lawyer in Romania or a dispute resolution lawyer in Romania.
Litigation lawyer in Romania. Property evaluation in Romania
In all evaluations involving ANRP (National Authority for Property Restitution) compensation and that are carried out on abusively expropriated properties, the notarial grid in Romania is taken into account. The notarial grid in Romania represents a market study conducted by the chambers of public notaries regarding the minimum values existing on the real estate market in the previous year, also being the cause of most disputes against ANRP. In this regard, Law 165/2013 established the CNCI (National Commission for the Compensation of Real Estate), the decision-making body that determines the value of compensations and the manner in which they will be granted. The evaluation of abusively expropriated properties for which ANRP compensation is requested is expressed in ANRP compensation points that will be utilized through the issuance of ANRP payment titles according to Law 165/2013. This also applies to properties where the legal expert, based on the expertise report, establishes the apartment value according to the notarial grid.
The Romanian Law Firm Pavel Mărgărit and Associates recommends consulting a real estate lawyer in Romania for assistance in identifying any possible misinterpretations that led to the issuance of ANRP decisions, drafting a contestation against the decisions issued by the National Authority for Property Restitution (ANRP), as well as analyzing the necessary evidence supporting the contestation, such as evaluations, expertise, or other justificatory documents.
The Romanian Law Firm Pavel, Margarit and Associates provides legal advice and legal assistance services in civil law, especially regarding assistance in annulment of a title deed in Romania. A real estate lawyer in Romania can support you in initiating an action for annulment of a title deed in Romania, having great experience in dispute resolution. In order to benefit from our professional support and for litigation lawyer advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
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Dispute resolution lawyer in Romania. Deadlines for contesting ANRP decisions
The notarial grid in Romania is the main indicator used in the property evaluation in Romania process. Therefore, if properties are not evaluated at their true value according to the notarial grid 2023, the owner can file a contestation within 30 days of the notification to obtain a new ANRP decision that shows the correct value of the property. In the case of a court action, the contestation against ANRP decisions must be submitted to the court within the jurisdiction where the property is located.
A litigation lawyer in Romania or a real estate lawyer in Romania represents essential support for fulfilling the formalities required by Law 165/2013 regarding the measures for completing the restitution of properties in Romania abusively expropriated during the communist regime in Romania. This is because they can assist in obtaining the annulment of compensation decisions, determining the number of ANRP compensation points corresponding to the property’s value, establishing the apartment value according to the notarial grid 2023, as well as issuing new ANRP payment titles according to Law 165/2013.
It is important to mention that the owner can also approach the court if their case has not been resolved by CNCI (National Commission for the Compensation of Real Estate) within the term provided by Law 165/2013. According to the provisions of Law 165/2013, CNCI (National Commission for the Compensation of Real Estate) is obligated to resolve compensation files within 60 months of registration. Exceptions are land fund files, which are resolved within 36 months, according to the same provisions of Law 165/2013. In this situation, the file holders can approach the court for resolution within 6 months after the expiration of the 60-month or 36-month term, as applicable. Following the court’s notification, it will issue a ruling on the existence of property rights and, depending on the situation, grant compensation points.
The Romanian Law Firm Pavel Mărgărit and Associates offers high-standard legal services in various practice areas, including those related to ANRP compensation, establishing apartment value according to the notarial grid, notarial grid 2023 or any other legal operations concerning properties abusively expropriated by the state. Our team demonstrates a comprehensive understanding of the regulations provided by Law 165/2013, offering clear and effective legal solutions to all clients who have sought the services of a real estate lawyer or a dispute resolution lawyer in Romania.
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