ALIENATION OF IMMOVABLE GOODS
(Contracts of sale, donation, life annuity, maintenance, exchange, etc.)For all the alienations of immovable goods are mainly necessary the following:
ALIENATION OF IMMOVABLE GOODS
Identity documents of the parties, according to the following letter. a):The property documents or the bill (if any) from the producer, in its original form For cars:
- The identity book of the vehicle;
- Fiscal attestation certificate referred to under letter d) mentioned below:
a) The parties present themselves personally with the identification documents or through a representative, with an authentic proxy, representative who identifies himself according to article 51 from the Law no 36/1995, republished;
b) Property documents, (depending on the specifics of transaction, apartments or building and/or the related land) in their original form or in a duplicate form;
c) Conclusion of original land registration/or copy notarized ANCPI, along with the cadastral documentation (original or copy of it);
d) Fiscal attestation certificate issued by the competent tax authority of the local public administration certifying the payment of all local obligations owed to local public administration authority in whose jurisdiction the alienated good is fiscally registered, at the request of the taxpayer or a notary, or his representative, according to delegation data by the accountant (article 113, paragraph (1) Code of fiscal procedure, amended through the Law no 126/2012 on the approval of the Government Ordinance no 29/2011 amending and supplementing the GO no 92/2003 on the Code of fiscal procedure, published in the Official Gazette no 484/16.07.2012), that can be used during the whole month in which it is issued, which may be submitted by the taxpayer, in an original form or notarized copy (according to article 113, paragraph (3) Code of fiscal procedure, modified through the Law 126/2012 mentioned above);
e) Land registry extract for authentication or the Tasks certificate issued by the Office for Cadaster and Land Registration (O.C.P.I. ) from the place where the immovable good acquired by the notary at the request of the seller is located, and which can be used within ten (10) days, calculated from the date of submission to the competent OCPI, validity period established through article 54 paragraph (1) from the Law of cadaster and land registration no 7/1996, republished with the subsequent modifications and completions (article modified and completed through Article III from the Law no 60/2012);
f) Address issued by the bank in favor of which mortgages and prohibitions are constituted, if the building that is intended to be alienated is encumbered by mortgages in favor of banking institutions, showing its express agreement on the alienation and deletion procedure of the mortgages and related prohibitions;
g) Certificate of energetic performance of the building, issued in accordance with the Law no 372/2005, amended, on the energetic performance of the building by an authorized auditor (only for sale and lease). (www.aaec.ro) Law no 372/2005 mentioned above regulates the obligation of seller to provide the buyer the certificate of energetic performance;
h) Certificates of marriage for both sellers and buyers (by the marital status of participants in the civil legal act);
i) Proof of exercising/ non-exercising the right of preemption set by the Law no 422/2001 republished, with the subsequent modifications and completions, concerning the protection of historical monuments (for example: buildings of historic or architectural interest or areas on which historical artifacts are found); ( www.cultura.ro ).
j)All invoices issued by the companies providing services that are contracted to provide services (electricity, sewage, water, etc) and the receipts proving their payment, in accordance with the article 53 from the Law no 51/2006;
b) Property documents, (depending on the specifics of transaction, apartments or building and/or the related land) in their original form or in a duplicate form;
c) Conclusion of original land registration/or copy notarized ANCPI, along with the cadastral documentation (original or copy of it);
d) Fiscal attestation certificate issued by the competent tax authority of the local public administration certifying the payment of all local obligations owed to local public administration authority in whose jurisdiction the alienated good is fiscally registered, at the request of the taxpayer or a notary, or his representative, according to delegation data by the accountant (article 113, paragraph (1) Code of fiscal procedure, amended through the Law no 126/2012 on the approval of the Government Ordinance no 29/2011 amending and supplementing the GO no 92/2003 on the Code of fiscal procedure, published in the Official Gazette no 484/16.07.2012), that can be used during the whole month in which it is issued, which may be submitted by the taxpayer, in an original form or notarized copy (according to article 113, paragraph (3) Code of fiscal procedure, modified through the Law 126/2012 mentioned above);
e) Land registry extract for authentication or the Tasks certificate issued by the Office for Cadaster and Land Registration (O.C.P.I. ) from the place where the immovable good acquired by the notary at the request of the seller is located, and which can be used within ten (10) days, calculated from the date of submission to the competent OCPI, validity period established through article 54 paragraph (1) from the Law of cadaster and land registration no 7/1996, republished with the subsequent modifications and completions (article modified and completed through Article III from the Law no 60/2012);
f) Address issued by the bank in favor of which mortgages and prohibitions are constituted, if the building that is intended to be alienated is encumbered by mortgages in favor of banking institutions, showing its express agreement on the alienation and deletion procedure of the mortgages and related prohibitions;
g) Certificate of energetic performance of the building, issued in accordance with the Law no 372/2005, amended, on the energetic performance of the building by an authorized auditor (only for sale and lease). (www.aaec.ro) Law no 372/2005 mentioned above regulates the obligation of seller to provide the buyer the certificate of energetic performance;
h) Certificates of marriage for both sellers and buyers (by the marital status of participants in the civil legal act);
i) Proof of exercising/ non-exercising the right of preemption set by the Law no 422/2001 republished, with the subsequent modifications and completions, concerning the protection of historical monuments (for example: buildings of historic or architectural interest or areas on which historical artifacts are found); ( www.cultura.ro ).
j)All invoices issued by the companies providing services that are contracted to provide services (electricity, sewage, water, etc) and the receipts proving their payment, in accordance with the article 53 from the Law no 51/2006;
