LAW NO. 112 DIN 1995 (LAW FOR REGULATION OF THE LEGAL SITUATION OF SOME PROPERTIES IN HOLIDAYS, PASSED IN THE STATE PROPERTY)
Art. 1. Former owners of physical properties of dwelling buildings, which were owned by the State or other legal persons after March 6, 1945, in title and which were owned by the state or other legal entities on December 22, 1989, benefits from the remedies provided by this law.
The provisions of para. 1 also benefits the heirs of the former owners, according to the law.
Art. 2. The persons referred to in art. 1 benefit from the restitution in kind, by regaining the ownership right over the apartments in which they live as tenants or those who are free, and for the other apartments receive compensations under the conditions of art. 12.
In the case of state-owned flats for which damages have been received, whether they are occupied by former owners or are free, they are returned in kind.
The re-acquisition of the right of ownership is conditioned by the refund of the amount received as compensation, updated under the provisions of art. 13.
Art. 3. An apartment for the purpose of the present law means a dwelling composed of one or more rooms, with the dependent dwellings, garages and related annexes, including service rooms, bridges, cellars, warehouses and the like, regardless of whether they are located at the same level or at different levels, and which at the time of state ownership constituted a single locational unit of its own, as determined by construction.
The apartment, as defined in paragraph 1, shall be considered as such regardless of whether, after the transfer into state ownership, internal constructive changes have been made or has been taken into account as being two or more apartments.
For the additions, overburden, equipment, utilities and any other constructions, which exceed the apartment owned by the state, as well as for the loss of value, imputable, the provisions of art. 13.
Art. 4. The Romanian citizens benefit from the provisions of the present law.
Art. 5. If the former owner or his heirs lived on December 22, 1989 as tenants in the state-owned apartments, they become the proportion of the dwelling apartment under the present law.
If more heirs lived on December 22, 1989, each in an apartment owned by the former owner, they become the owners of the apartment.
The former owner or his heirs, if living on December 22, 1989 in the same apartment with other tenants, become the owners of the entire apartment, as defined in art. 3. Evacuation of the tenants and possession of the landlords will be done only after the proper granting of an appropriate dwelling by the public authorities or by the owner.
Inheritors, for the purposes of this Law, are entitled to the successors from the date of filing the application provided for in Art. 14.
If the relatives up to the second degree of the former owner in life lived on December 22, 1989 with rent in the apartments taken over by the state, the apartments become their property, with the written consent of the owner, if they live and the date of entry into force to this law. Consent will be given in authentic form.
Art. 6. At the time of the final decision of the commission stipulated in art. 15, ordering the restitution in kind of the apartment, shall compensate by right without fulfilling the conditions established by the Civil Code the necessary expenses, useful and voluptorii made by the former owners or their heirs, as tenants, and by the unit that administered the apartment , taking into account the provisions of art. 3.
Rental contracts between former owners, their heirs, and relatives up to the second degree of the former owner in life, and the unit that administered the apartment cease to be legal on the same date.
Art. 7. Lease agreements concluded on the basis of Law no. 5/1973 regarding the management of the housing stock and the regulation of the relations between the owners and the tenants, for the apartments in the buildings provided under art. 1, are legally extended for a period of 5 years from the date of final decision of the commission stipulated in art. 15 last paragraph.
Tenants provided under art. 5 par. 3 will benefit, during the period of extension of the lease agreements, of the legal provisions in force regarding the construction of a dwelling with the support of the state of priority in the allocation of a dwelling from the administrative fund to the local public authorities.
Does not benefit from the provisions of paragraph 1 and 2 and may be evacuated after one year after the entry into force of this law:
a) the tenant or the members of his / her family, husband, wife, minor children who have acquired or have, after the 1 st of January 1990, alienated in their home town a dwelling corresponding to the norms established by Law no. 5/1973 b) the tenant who refuses to take into use another suitable dwelling, according to the Law no. 5/1973;
c) the tenant who sub-rents the dwelling without the consent of the owner;
d) the tenant who has completely or partially changed the destination or the interior structure of the apartment without the consent of the owner.
Former owners or their heirs and relatives up to the second degree of the former owner in life, who benefit from the provisions of art. 5 par. 3, shall subrogate, on the date stipulated in art. 6, in the legal and born rights and obligations of those who previously owned the apartment.
The level of rent is the one set by law.
Any litigation between the owner and the tenants is the exclusive jurisdiction of the courts.
Art. 8. For the expenses incurred by tenants with compensation on rent, under the conditions of the law, based on the relevant documents and evidences at the units that owned the apartments, the compensation from the rent due to the new owner will continue.
Art. 9. The contract tenants of the apartments that do not return in the nature of the former owners or their heirs may opt, after the expiration of the term stipulated in art. 14, to buy these flats in full or in installment rates.
The provisions of the previous paragraph also benefit tenants occupying dwelling spaces made by extending the initial built space.
In the case of the sale of flats by installments, at the conclusion of the contract will be paid an advance of at least 30% of the price of the apartment. The monthly installments for the payment of the apartment's equivalent will be for a period of maximum 15 years, with an interest representing half of the reference interest set annually by the National Bank of Romania.
Young married, up to 30 years of age, as well as 60-year-olds will pay an advance of 10% and monthly payouts will be matched for a maximum of 20 years.
The commission due to specialized units that evaluate and sell apartments is 1% of their value.
Exemption from the provisions of paragraph 1 tenants or members of their family spouse, minor children who have acquired or have alienated a private property after 1 January 1990 in their home town.
Tenants who do not have the material possibilities to buy the apartment they live in can still stay in that housing space, paying the rent established by law.
The apartments acquired under the conditions of par. 1 can not be alienated 10 years from the date of purchase.
Art. 10. The apartments, which on the date of the law come into force, are exempt from the sale of special facilities such as swimming pool, sauna, wine cellar, wine cellar, wine cellar or cold room.
There are also exceptions from the sale of houses that have the destination of guest houses, protocol, declared historical monuments and national patrimony, as well as those used as residences for former and current dignitaries.
Art. 11. The legal acts of alienation concluded in violation of the provisions of art. 9 par. 6 and art. 10 are hit by absolute nullity.
Art. 12. Former owners or, as the case may be, their heirs are entitled to claim damages for unredeemed flats and their associated land or, even if they qualify for restitution in kind, to opt for compensation.
Art. 13. The value of the indemnities granted to the former owners and their heirs, for the unrepresented flats in nature, as well as the selling price, as the case may be, shall be established on the basis of the provisions of the Decree no. 93/1977, of Decree-Law no. 61/1990 and Law no. 85/1992, republished, and the value of the related land, based on the Criteria for establishing and evaluating the lands belonging to the patrimony of state-owned companies no. 2,665 of February 28, 1992, elaborated by the Ministry of Finance and the Ministry of Public Works and Territorial Arrangements, with further additions. At the values thus calculated, the discount coefficients will be applied, which will not be lower than the average earnings growth rate in the economy.
The total value of the apartment restituted in kind and the indemnities due for the flats not returned in nature and for the adjoining land may not exceed the sum of the average economic salary of a person for a period of 20 years, calculated at the date of the indemnification.
If the former owner or his heirs or relatives up to the second degree of the former owner in life are returned in kind an apartment according to the provisions of art. 2, whose value, calculated according to par. 1, exceeds the amount stipulated in par. 2, they can not be forced to pay the difference.
Payment of damages is made by the Ministry of Finance, through its decentralized public services, at the level of the counties, the municipality of Bucharest and the Ilfov agricultural sector, in the bank accounts or CEC, indicated by the recipients of the indemnities, on the basis of the act ordering the indemnification and communicated according to art. 19, 12 months after the end of the evaluation, but no later than 24 months.
The amount of compensation set in the previous conditions is updated on the date of payment, taking as a basis the average salary in the economy in the last month of the expired quarter.
At the disposal of the Ministry of Finance, the extra-budgetary fund is created to ensure the implementation of the provisions of this law, which will feed from:
a) the amounts obtained from the sale of flats not returned in kind, representing full payments, advances, rates and interest, after deduction of the commission of 1% of the value of the apartments;
b) the amounts obtained from the launching of state loans for this purpose, under the conditions provided by the Law no. 91/1993 on public debt.
From the fund thus created, expenses will be made in the following order:
a) to compensate the owners and their heirs for the damages due under the present law;
b) payments for the repayment of the contracted loans and payment of the costs arising from these state loans;
c) building of dwellings, to be assigned to the tenants in the situation stipulated in art. 5 par. 3.
Art. 14. The persons entitled to the restitution in kind of the apartments or, as the case may be, to the indemnities shall submit applications in this respect, within 6 months from the entry into force of the law.
Art. 15. The applications referred to in art. 14 shall be addressed to the committee of the local council, established according to art. 16, within the radius of which the apartment in question was situated.
The application must include the full identification data of the applicant, the quality of the owner or his heir, as the case may be, the mention that he has addressed or is going to address similar request to other committees (county, Bucharest, Ilfov agricultural sector ), as well as any other mentions that will help him or her to own the apartment or the damages it claims to be. Upon request, the petitioner is obliged to attach a legalized copy of the act proving his right to property or the deceased he / she inherited to the apartment requested to be returned in kind or for which he / she is due to receive compensation, the copy of the rental contract, if he requests the return of the flat he owns under this title, as well as any other acts he deems necessary for the realization of his right.
If, after the adoption of the decision of the County Commission, other persons with succession vocation appear, the litigation is solved according to the common law.
If the former owner or his heirs claim damages for apartments located in different counties, they will mention in their application the county commission they choose for their establishment. The commission elected will ask for the necessary relations, including the assessment from the county commissions in which the apartments are situated, in order to determine the amount of the indemnity under the terms of this law.
The decisions for restitutions in kind are issued by the county commissions in which the apartments are located. Art. 16. Within 45 days from the date of publication of the law in the Official Gazette of Romania, the local, municipal or municipal councils, as the case may be, propose the establishment of the special commissions invested with the competence to receive the applications and to verify the documents.
Committees are appointed by order of the prefect within 15 days from the filing of the proposals.
The proposals of these commissions together with the requests and documents submitted by the former owners or their heirs and relatives up to the second degree of the former owner in life shall be transmitted to the county commission within 30 days.
The county commission for the application of the provisions of the present law consists of:
president: the president of the county council;
members: the notary public or his / her delegate;
the general director of the county government department of public finances and state financial control;
Director of the County Department of Urbanism, Public Works and Territorial Planning;
the head of the contentious department of the county council;
2-6 field specialists; residential and construction expertise and land surveys;
Secretary secretary of the county council.
In the same way, the commissions for the municipality of Bucharest and the Ilfov agriculture sector will be formed, led by the mayor general and president, respectively.
The nominal component of the committees provided for in this article shall be determined by order of the prefects.
Art. 17. The committees are according to art. 16 par. 4 shall, within 60 days of receiving the proposals submitted by the local commissions, establish the right of the former owners or their heirs and relatives up to the second degree of life of the former owner in life for the restitution in kind, the amount of such damages damages and will issue resolutions in this respect. Within 5 days, the decisions will be communicated in writing to the former owners or their heirs and relatives up to the second degree of the former owner in life, the tenants of the apartments to be returned in kind, and the legal entities owning the apartments. The evaluation of the apartments will be made by specialized technical committees designated by the county or Bucharest commissions and the Ilfov agricultural sector.
The committees shall decide with the vote of the majority of their members.
Art. 18. The decisions of the County Commissions, Bucharest Municipality Committee and the Ilfov Agricultural Commission are subject to judicial control, according to civil law, and may be appealed within 30 days of communication. The members of the County Commissions, the Bucharest Municipality Commission, the Ilfov Agricultural Commission and the Local Committees, as well as all civil servants involved in the application of this Law, who lately fulfill, fail or do not fulfill their attributions, answer, as the case may be, disciplinary, material or criminal.
Art. 19. The decisions of the county commissions, Bucharest Municipality commission, the Ilfov agricultural sector commission, as well as the final decisions, shall be communicated to the petitioner and the mayor of the commune, the city, the municipality of Bucharest, as the case may be.
The remaining final court decisions are also communicated to the committees that issued the judgments that were the subject of the judgment.
Art. 20. The acts provided for in art. 19 shall be sent in original to the beneficiaries and, in the copy, to the decentralized public services mentioned in art. 13 par. 4.
Art. 21. With the restitution in kind and the acquisition of the right to ownership of the apartments, the right to ownership of the adjoining land is acquired, as determined at the date of the state's ownership, except for the areas occupied and related to other constructions and urban facilities , with legal approvals after that date.
Art. 22. If the apartment returning in the nature is located in a multi-apartment building, the former owners or their heirs acquire the share of the indivisible property on all parts of the constructions and installations, as well as on the endowments, which, by their nature, can only be used in common.
The ownership quota is acquired regardless of the building, the staircase or the floor where the apartment is located.
With respect to land, the provisions of paragraph 1 and 2 apply accordingly.
The ownership quotas referred to in this Article shall be determined in proportion to the constructed area.
Based on the decision of the county commission and the final court decision, as the case may be, the beneficiary of the restitution in kind of the apartment will request the registration of his / her right or the records of advertising. The decisions of the county commission or, as the case may be, the final court decision is property title.
Art. 23. The special procedures and those for obtaining the necessary documentation for the realization of the rights stipulated in the present law, as well as the forms of real estate publicity are exempt from the stamp duty.
Article 24. Resolving claims for restitution in kind or indemnification for immovable property intended to be owned by the State shall be made only under the provisions of this law.
The court decisions regarding the buildings provided under art. 1 of the present law, remaining final and irrevocable, may be appealed with an appeal for annulment, based on the provisions of art. 330 of the Code of Civil Procedure.
Art. 25. - Special laws shall regulate the legal situations of immovable property other than those covered by this law, which were transferred to state ownership prior to 22 December 1989, irrespective of their original destination, including those demolished for causes of public utility.
Art. 26. Former owners of immovable property intended for housing owned by the state or other legal entities, with the payment of indemnities, shall no longer benefit from the reparation measures provided by the present law, except in the cases provided in art. 2 par. 2.
The reparation measures provided for by the present law do not apply to immovable property destined to the state property through criminal court decisions or pursuant to Law no. 18/1968.
The land taken over by the state or by other legal entities, owned by them on December 22, 1989, and which exceeds the surface of the buildings, remains the property of the state.
Art. 27. The right to be compensated, according to the provisions of the present law, is also granted to the former owners, respectively their heirs, of the dwelling buildings, as such, owned by the state or other legal entities after 6 March 1945, were alienated until December 22, 1989, through sale-purchase or other forms of physical activity.
Art. 28. Within 30 days from the publication of this law in the Official Gazette of Romania. The Government will determine by decision the methodological norms of law enforcement.
Art. 29. This law shall enter into force 60 days after the date of its publication in the Official Gazette of Romania.
This reproduction is consistent with the original.
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