LAW

on the settlement of the legal condition of some buildings designed for dwelling purposes, passed into state property no. 112 of 1995

 

CHAPTER 1
General provisions

Art. 1. - The former owners - natural persons - of dwelling-houses, passed as such into the property of the State or of other legal persons, after March 6, 1945 with title, and were in the State or other legal persons' possession on December 22, 1989, shall benefit by the remedial measures provided under the present law.

By the provisions of paragraph I shall also benefit the heirs of the former owners, according to the law .

Art. 2. - The persons provided under Article I shall benefit by the restoration in kind, by reacquiring the property right on the flats in which they live as lessees or of those which are not occupied, and for the other flats they shall receive indemnification as stipulated under Article 12.
            In the case of flats passed into State property for which indemnification wears received, if they are occupied by the former owners or are free, they shall be restored in kind. The reacquisition of the property right is conditioned by the repayment of the sum received as indemnification, brought up to date in the terms of the provisions established under Article 13.

            Art. 3. - By flat in the sense of the present law, shall be understood the dwelling consisting of one or more rooms, with outhouses, garages and annexes connected with the dwelling, service rooms, garrets, cellars, sheds and suchlike, too, regardless of whether they are situated on the same level or at different levels, and which, at the date of their passing into the State's property, constituted a single self-contained housing unit, as it was determined by construction,
            The flat, as defined under paragraph 1, shall remain considered as such, regardless of whether, subsequent to its passage into State property, interior structural modifications were carried out or whether it was recorded in the books as representing two or more flats.
            For additions, penthouses, equipment, utilities and any other constructions, exceeding the flat passed into State property as well as for imputable losses in value, the provisions under Article 13 shall apply.

            Art. 4. - By the provisions of the present law shall benefit Romanian citizens only.

CHAPTER II
Restoration in kind

            Art. 5. - If the former owner or the respective heirs were living on December 22, 1989 as lessees in the flats passed into State property, they shall become owners of the respective flat, under the provisions of the present law.
            In case that several heirs were living on December 22, 1989 each in a flat passed into State property from the former owner, they become the owners of the respective flat.
            The former owner or the respective heirs, who were living on December 22, 1989 in the same flat together with other lessees, shall become owners of the whole flat as it was defined under Article 3. Evacuation of the lessees and giving possession to the owners shall be made only after the public authorities or the owner effectively provides an adequate dwelling.
            Heirs in the sense of the present law shall be considered by right the acceptors of the inheritance after the date when the petition provided under Article 14 was registered,
            If relatives up to the second degree of the former owner still alive were lessees on December 22, 1989 in the flats taken over by the State from the former owner, the flats shall become their property, with the written consent of the owner, if they are still living in them at the date of coming into force of the present law the consent shall be given in authenticated form.

            Art. 6. - On the date when the decision of the commission provided under Article 15, ordering the restitution in kind of the flat, remains final, necessary and useful expenses a expenses spent o ornamental repairs made by the former owners or their heirs, as lessees, and by the unit in charge of the administration of t e flat, shall be compensated by right, tang into account the provisions of Article 3, without fulfilling the conditions established under the Civil Code.
            The leasing contracts between the former owners and their heirs as well as relatives up to the second degree of the former owner still alive and the unit in charge of the flat's administration shall cease by right, on the same date.

CHAPTFR III
Protection of lessees

            Art. 7. - Lease contracts concluded on the grounds of the Law No, 5/1973 on the administration of the housing fund and regulation of relations between owners and lessees, for flats from the dwelling-houses provided under Article 1, shall be extended by right for a period of 5 yea s after the date when the decision of the commission provided under the last paragraph of Article 15 shall have remained final.
            In the extension period of the lease contracts, lessees provided under Article 5, paragraph 3 shall benefit by the legal provisions in force with reference to the construction of an own dwelling-place with State support or by priority the assignment of a dwelling-place from the housing fund administered by the local public authorities.
            The following lessees shall not benefit by the provisions of paragraphs 1 and 2 and may be evacuated on passage of a yea after the coming into force of the present law:
            a) titular lessees and members of their families - husband, wife and minor children - who, after January 1, 1990, acquired or alienated in their locality of residence a dwelling-place corresponding to the conditions established by the Law No. 5/1973;
            b) lessees who refuse to take over and use another adequate dwelling-place, according to the Law No. 5/19 3;
            c) lessees who sub-let the dwelling-place without the owner's consent;
            d) lessees who changed as a whole or in part the purpose or interior structure of the flat, without the owner s consent
            The former owners or their heirs and relatives up to the second degree of the former owner still alive, who benefit by the provisions of Article 5, paragraph 3 shall be subrogated on the date provided under Article 6, in the legally-born rights and obligations of those who previously held the flat on lease.
            The level of rents shall be that which is established by law.
            Any litigations between owners and lessees shall be of the exclusive competence of judicial instance.

            Art. 8. - For expenses made by lessees with compensation at the expense of re t in e terms of the law, based on adequate documents and accounts at the units that held the fiats, compensation shall be continued from the rent owed to the new owner.

            Art. 9. - Contract titular lessees of flats that are not restored in kind to the former owners or their heirs may, after expiry of the term provided under Article 14, choose to buy these flats with down payment of the price or by installments.
            By the provisions under the previous paragraph shall benefit lessees, too, who occupy housing spaces achieved by extensions of the initially built space.
            In case of the sale of the flats with payment by installments, an advance payment of at least 30% of the price of the flat shall be made at the conclusion of the contract. Monthly installments for paying off the price of the flat shall be spread out over a period of not more than 15 years, at interest representing half the annual reference interest rate established by the National Bank of Romania.
            Young married couples up to 30 years of age as well as people over 60 shall pay an advance payment of 10%, and the payment by monthly installments shall be spread out over a period of 20 yeas maxim m.
            The commission due to the specialist units estimating and selling flats shall be of 1% of their value.
            Titular lessees or members of their family - wife, husband or minor children - who have acquired o alienated a dwelling place of their own property after January 1,1990, in the place of residence, shall e excepted from the provisions of paragraph 1.
            Lessees who have no means to buy the flat in which they live may continue to stay in the respective housing space, paying the rent established by law.
            Flats acquired in the terms of paragraph 1 may not be alienated over a period of 10 years after the purchasing date.

            Art. 10. - Flats which, on the date of coming into force of the law, benefit by special endowments such as: swimming pool, sauna, hothouse, wine cellar, bar, wine collection or refrigerating room shall be excepted from selling.
            Dwelling-houses used as guest-houses, protocol-houses those declared as historic monuments and from the national patrimony as well as those used as residence for former or present dignitaries shall be excepted from selling, too.

            Art. 11. - Legal documents of alienation concluded with violation of the provisions of Article 9, paragraph 6 and Article 10 shall be struck by absolute nullity.

CHAPTER IV
Establishment and granting of indemnities

            Art. 12. - Former owners or their heirs, as the case may be, are entitled to solicit the granting of indemnities for the flats not returned in kind and for the afferent grounds or, though they fulfill conditions for return in kind, if they prefer, to be granted indemnities.

            Art. 13. - The value of the indemnities granted to former owners and their heirs, for flats not restored in kind as well as the selling price, as the case may be, shall be established on the grounds of the provisions under the Decree No. 93/1977, Decree Law No, 61/1990, and of Law No. 85/1992, republished, and the value of the afferent grounds on the basis of the Criteria for establishing and estimating the value of grounds in the patrimony of trading companies with State capital No. 2665 of February 28, 1992, elaborated by the Ministry of Finance and the Ministry of Public Works and Territorial Planning with subsequent completions. To the values thus calculated, coefficients of actualization shall be applied, which shall pt be smaller than the increase coefficient of the average wages income on the economy.
            The total value of the flat restored in kind and of the indemnities due for the fiats not restored in kind and for the corresponding grounds shall not exceed the sum of the average wage income on the economy of one person over a period of 20 years, calculated at the date when the indemnity was established.
In case that to the former owner or to the respective heirs or relates up to the second degree of the former owner still living a flat shall be given back in kind according to the provisions of Article 2, whose value, calculated according to paragraph 1, exceeds the sum provided under paragraph 2, they cannot be obliged to pay the difference.
            The payment of indemnities shall be made by the Ministry of Finance through its decentralized public services from II e levels of the counties, the Municipality of Bucuresti and the Ilfov Agricultural District, into the bank or CEC accounts indicated by the beneficiaries by the indemnities, on the basis of the document which disposes the granting of indemnity and communicated according to Article 19, twelve months after closure of the evaluation operations, but not later than 24 months.
            The value of the indemnities established under the previous terms shall be actualized at the date of e payment, on he g pounds of the average wage on the economy in the last month of the expired quarter.
            At the disposal of the Ministry of Finance, an extrabudgetary fund shall be constituted to ensure the application of the provisions under the present law, which shall be supplied from:
            a) sums obtained from the sale of flats which are of restored in kind, representing down payments, advances, installments, and interest after deduction of the 1% commission from the value of the flats;
            b) sums obtained from the launching of State loans with this destination, in the terms provided under the Law No. 91/1993 on the public debt.
            From the fund thus constituted, expenses shall be incurred in the following order:
            a) payment of due indemnities in the terms of the present law - to the owners and their heirs;
            b) payments for the restitution of contracted loans and payment of the costs resulting from these State loans;
            c) construction of dwelling-houses to be distributed with priority to lessees in the situation provided under Article 5, paragraph 3.

            Art. 14. - People entitled to restitution in kind of flats or the granting of indemnities shall file a petition in this sense within 6 months after the coming into force of the law.

            Art. 15. - The petitions provided under Article 14 shall be addressed to the commission of the local council constituted in keeping with Article 16, in whose area the flat in question is situated.
            The petition has to include complete identification data of the petitioner, the quality of owner or heir of the owner, as the case may be a mention that a similar petition was or is to be filed with other commissions (of counties, of the Municipality of Bucuresti, of the Ilfov Agricultural District) as well as any mentions assisting him to come into possession of the flat or of his due indemnities. At the petition thus formulated, the petitioner is obliged to annex an authenticated copy of the deed attesting his property right or that of the deceased whom he inherits on the flat whose restitution is solicited in kind or for which indemnities are to be paid, a copy from the leasing contract, in case the restitution of the flat iii kind is solicited, which he holds with this tie e as well as any other deeds he considers necessary for coming into his own rights.
            In case that, after adoption of e county commission's decision, other people with successional vocation shall appear, the litigation shall be solved according to common law.
            In case that the former owner or his heirs solicit indemnities for the flats situated in different counties, they shall mention in the petition the county commission they choose for they establishment. The chosen commission shall ask the necessary information, including the evaluation from the county commissions in whose area the flats are situated, with a view to the establishment of the amount of the indemnity in the terms of the present law.
            The decisions for the restitution in kind shall be issued by the county commissions, in whose area the flats are situated.

            Art. 16. - Within 45 days after the date of publication of the law in e 'Monitorial Official" (Official Gazette of Romania), the town or municipal local councils, as the case may be, shall propose the constitution of the special commissions invested with the competence to receive the petitions and verify the documents.
            The commissions shall be appointed by order of the prefect within 15 days after the registration of the proposals.
            The proposals of these commissions, together with the petitions and documents handed in by the former owners or their heirs and relatives up to the second degree of the former owner alive shall be transmitted to the county commission within 30 days.
            The county commission for the application of the provisions of the present law shall be formed of:
            - chairman: - the chairman of the county council;
            - members: - the public notary or his delegate;
            - the director general of the county direction of p bile finance and State audit;
            - the director of the county direction of town planning, public works and planning of the territory;
            - the head of the disputed claims office of the county council
            - two to six specialists from the fields of housing management and expertise in constructions and grounds;
            - the secretary of the county council as secretary.
            In he same way shall be constituted the commissions for the Municipality of Bucuresti and the Ilfov Agricultural District, conducted by the mayor gene al a d the chairman, respectively.
            The nominal composition of the commissions provided under this article shall be established by order of the prefects.

            Art. 17. - The commissions constitute according to Article 16, paragraph 4 shall establish within 60 days after the reception of the proposals transmitted by the local commissions, the right of the foamier owners or of their heirs andof relatives up to the second degree of the former owner still alive for the restitution in kind or granting of indemnities, the amount of these indemnities, and they shall issue decisions in this sense. Within 5 days, the decisions shall be communicated, in writing, to the former owners, their heirs, and to relatives up to the second degree of the former owner alive, to the tenants from the flats that shall be restored id as well as to e legal persons holding the flats. The evaluation of the flats shall be made by technical specialist commissions designated by the county commissions or of the Municipality of Bucharest and of the Ilfov Agricultural District.
            The commissions shall decide by a majority of votes from their members.

            Art. 18. - The decisions of the county commissions, of the commission of the Municipality of Bucuresti a d of the commission of the Ilfov Agricultural District are subject to judicial control, according to civil law, and may challenged within 30 days after communication.
            Members of the county commission, of the commission of the Municipality of Bucuresti, of the commission of the Ilfov Agricultural Discard of the local commissions as w 11 as all public servants involved in the application of the present law who fulfill their attributions erroneously, with delay, or not at all shall be liable to disciplinary, material, or penal sanctions, as the case may be.

            Art. 19. - The decisions of the county commissions, of the commission of the Municipality of Bucuresti, of the Ilfov Agricultural District as well as the judicial decisions, remained final shall be communicated to the petitioner and to the mayor of the commune, own, the municipality of district of the Municipality of Bucuresti, as the case may be,
Judicial decisions remained final shall also be communicated to the commissions that issued the decisions that were the object of judgment.

            Art. 2O. - The first copy of the judicial acts provided under Article 19 shall be transmitted to the beneficiaries and a copy to the decentralized public services mentioned under Article 13, paragraph 4.

CHAPTER V
Other provisions

            Art. 21. - Concurrently with the restitution in kind and acquisition of the property right on the flat, the property right on the corresponding ground shall be obtained, too, a determined at the date of passage in o State property, except areas occupied and destined to o e' constructions and municipal endowments achieved, with legal app 'ovals, after that date.

            Art. 22. - In case that the flat restored in kind is in a building with more flats, the former owners or their heirs shall acquire the quota of the undivided property on all parts of the constructions and installations as well as of endowments which, by their nature, can be used but jointly.
            The property quota shall be acquired regardless of the building, staircase, or floor in which the flat is situated.
With regard to grounds, the provisions under paragraphs 1 and 2 shall correspondingly apply.
            The property quotas to which the present article refers shall be determined i proportion to the built area.
            On the basis of the county commission's decision and of that of the final judicial decision, as the c se may be, the beneficiary of the restitution in kind of the flat shall request the registration of his right in the publicity boo s. The decision of the county commission or the final judicial decision, as the case may be, shall constitute the property title.

CHAPTER VI
Final provisions

            Art. 23. - The special procedures and those necessary to obtain the required documentation for achieving the rights provided under the present law as well as the forms of real estate publicity shall be exempt from stamp tax.

            Art. 24. - The settlement of petitions for the restitution in kind or indemnities for the flats designed as dwelling places passed into State property shall be made only on the grounds of the present law.
Judicial decisions with regard to the buildings provided under Article I of the present law, remaining final and irrevocable, may be challenged with recourse in annulment, based on the provisions of Article 330 under the Code of Civil Procedure.

            Art. 25. - The legal situation of other buildings than those forming the object of the present law, passed into State property before December 22, 1989, regardless of their initial destination, those demolished for reasons of public utility included, shall be regulated by special laws.

            Art. 26. - The former owners of buildings designed as dwelling houses passed into State property or of other legal persons, with payment of indemnities, shall not benefit by the remedial measures provided under the present law, except cases provided under Article 2, paragraph 2.
            The remedial measures provided under the present law shall not apply in the case of buildings designed as dwelling houses passed into State property by penal judicial decisions or on the grounds of the Law No. 18/1968.
            Ground areas taken over by e State or by over legal persons still in their posse ssion on December 22 1989 and exceeding the area afferent to the constructions shall remain State property.

            Art. 27. - The right to be indemnified according to the present law shall e granted to former owners or their heirs, of buildings passed as such into State or other leg persons' property after March 6 1945, which were alienated up to December 22, 1989 by selling-buying or other forms to natural persons.

            Art. 28. - Within 30 days after the publication of the present law in the "Monitorul Oficial " (Official Gazette of Romania), the Government shall establish, by order, the methodological norms of application of e law.

            Art. 29. - The present law shall come into force within 60 days after the date of its publication in the "Monitorul Oficial" (0fficial Gazette of Romania).

 

Published in the "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 279 of November 29, 1995

 

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