The cadastre law – new amendments for agricultural and infrastructure development

Effective April 23, 2018, amendments enacted to the cadastre (land records) law will bring significant changes in practical matters of agricultural and infrastructure development. A lack of complete records of real estate affects economic development by cultivating a climate of uncertainty for investment and creating social ambivalence. Reducing these uncertainties has been the reason for adopting this act.

The new regulation reduces the deadlines for settling the appeals by 50%, and it increases the amount paid for systematic real estate registration. It also affects the possibility of registering certificates of inheritance issued before 2011, within the relevant land book. The Amendment Act aims to accelerate and streamline real estate registration within the integrated cadastre and land book system.

The most important changes are:

– the establishment of at least one land book and real estate publicity office, or, where appropriate, a public relations office, as units without legal personality, in each district court jurisdiction, until 31 December 2018;

– systematic registration of the cadastral sectors within the works carried out by the city halls following the execution of financing agreements with National Agency for Cadastre and Real Estate Publicity (ANCPI);

– lands subject to subsidies granted by the Agency for Payments and Intervention in Agriculture (APIA) within the prioritization of the cadastral sectors proposed by the administrative-territorial units, as the beneficiary of the systematic registration works financing are included;

– establishing the possibility of completing systematic registration both within the cadastral sector and the administrative-territorial unit by reducing the term for the appeal settlements and thus accelerate their completion;

– the possibility of opening a land book under a certificate of inheritance, irrespective of the date of opening of the inheritance or by an authenticated voluntary partition deed, or a judicial partition, irrespective of the date of such deed;

– registration within the relevant land book of the real estate owned by the state or by the administrative-territorial units pursuant to the ownership title, or, in the absence thereof, pursuant to the copy of the centralized inventory of such assets excerpt as certified by a government decision confirming the identity between the real estate within the cadastral documentation and the one within the centralized inventory.

Beginning April 23, 2018, a new legislative act (the “Amendment Act”) has been amended and supplements Law no. 7/1996 regarding Cadastre and Real Estate Publicity.

Stratulat Albulescu - Attorneys at law