The Regulation establishes the working procedures for registration with the Cadastre and Land Registry records of buildings, the endorsement and acceptance of the special works, as well as other specific tasks of the National Agency for Cadastre and Land Registration, following the creation of an integrated informational system of Cadastre and Land Book.
According to the Project, there are made a number of important changes in the existing articles, but are also introduced new articles respectively on:
– The means of establishing the public relations offices
– The obligations of the public relations office
– The content of the land books
– Registration in the Land Book of the dismemberments of ownership
– Registration and provisional registration
– Documents that can be registered in the Land Book
– The procedure of preparation the cadastral documentation and registration in the Land Book
– The means of solving the requests for review
– Removal from the Land Book
– The annulment of a cadastral number
Regarding registering or provisional registration, in accordance with the Project, it is done based on the records provided by Law no. 7/1996, republished, art. 888 of the Civil Code and other documents specified by law, as against the current regulations in the present Order, which mentions that registration is done only on the basis of an authentic document signed by a notary public based in Romania, of a final or irrevocable Ruling as applicable, a certificate of inheritance or administrative deed which, under the law, has the effect of creation, modification, transmission or extinction of immovable property subject to registration in the Land Book.
Moreover, as a novelty, the Project notes that, where one of the co-owners declares that does not have the original and request a copy of the ownership title for registration in the Land Book, the territorial office will allow the access of a notary public, for legalization of a copy from their archive.
Regarding the registration of the property dismemberments in the Land Book, the Project mentions the documents based on which the registration is made, the following: the legal document through which the dismemberment of private property was constituted; site plan and delimitation of the asset on which is represented the land surface affected by the dismemberment.
There are also modified the provisions which regulate the situation where there are no land ownership documents, respectively it is inserted the provision that interested parties may request noting of the possession in the land book, in accordance with the provisions of Article 40 paragraph (7) and Article 13 paragraph (3) letter c), f) of Law no. 7/1996, republished.
Compared to the present provisions, it was eliminated the provision through which the operation of annealing / detachment, in case the property was encumbered with real rights or other incumbencies, is only given with the agreement, given in authenticated form , of third parties, in the now procedure being mentioned only the agreement of third parties.
The ANCPI project is currently under debate, the procedure not being approved until this date.