LAW NO. 114 DIN 1996
Art. 1. - This law regulates the social, economic, technical and legal aspects of the construction and use of dwellings.
Art. 2. - The terms used in the present law have the following meanings:
Construction consisting of one or more living rooms, with the necessary dependencies, facilities and utilities, which satisfy the needs of a person or family.
b) Convenient home
The home, which satisfies the needs of the user and the characteristics of the home at one point, covers the essential needs of rest, food preparation, education and hygiene, ensuring the minimum requirements set out in annex no. 1 to this law.
c) Social housing
The home is attributable to rent subsidized to individuals or families, whose economic situation does not allow access to a dwelling in the property or rental of a dwelling under the conditions of the market.
d) Service home
The home intended for civil servants, employees of some institutions or businesses, granted under the terms of the labor contract, according to the legal provisions.
e) Home for intervention
The home intended to accommodate the staff of the economic or budgetary units, which, through the labor contract, performs activities or functions that require permanent presence or in case of emergency within the economic units.
f) The home of necessity
The home intended for the temporary accommodation of persons and families whose homes have become unusable due to natural disasters or accidents, or whose homes are subject to demolition in order to carry out public utility works, as well as rehabilitation works that can not be carried out in buildings occupied by tenants.
g) Protocol home
The home intended for use by persons who are elected or appointed in certain positions or public dignitaries, exclusively during their exercise.
h) Holiday home
Temporary occupied home, as a secondary residence, designed for rest and recreation.
Art. 3. - The authorization of the execution of the new dwellings, irrespective of the nature of the property or the site, is made on the basis of meeting the minimum requirements, set out in Annex no. 1 to this law.
County and local councils, according to the competencies established by law, may authorize the phased execution of housing construction.
Development of housing construction
Art. 4. - The Romanian natural or legal persons may, in compliance with the legal provisions, carry out construction of dwellings for their own use or for the purpose of their valorisation.
Art. 5. - The Romanian legal persons who invest from the profit for the construction of dwellings, having as built surfaces the ones stipulated in Annex no. 1 to the present law, benefit from the tax exemption on the profit invested with this destination in the respective fiscal year. The dwellings under the terms of this article, as well as art. 7 and 20 of this Law may be located on the land belonging to the natural persons who are beneficiaries of dwellings, of the legal persons investing in or on lands conceded for this purpose by the local councils to legal or natural persons, according to the legal provisions, without public auction, with the reduction of the tax of concession up to 95%.
Art. 6. - The Romanian legal persons who invest from profits in consolidation works at dwellings damaged by earthquakes, as well as rehabilitation of existing dwellings, category III, IV and studios, realized under HCM conditions. no. 1.650 / 1968, but H.C.M. no. U.S. Patent No. 1,669,669 to H.C.M. no. 585/1971, benefit from the tax exemption, according to the provisions of art. 5 of the present law.
Art. 7. - Local councils can make from the specially built dwellings with the built-up areas provided in Annex no. 1 to the present law, exercising control over the selling price, in order to facilitate the access to the property for some categories of persons, in the following order of priority:
a) married young people who, at the time of the contract, each have up to 35 years of age;
b) persons benefiting from facilities for the purchase or construction of a dwelling, according to the provisions of Law no. 42/1990, republished;
c) qualified persons from agriculture, education, health, public administration and cults, who establish their domicile in rural areas;
d) other categories of persons established by local councils.
Persons in the categories mentioned under a) - c) benefit from a subsidy from the state budget, within the limits of the annual budget provisions, in relation to the income, up to 30% of the value of the dwelling, at the date of the contract, as well as the payment in monthly installments, for a term 20 years, the difference from the final price of the dwelling, after the deduction of the subsidy and the mandatory minimum payment of 10% of the value of the dwellings at the date of the contracting paid by the contractor.
The persons referred to in lit. d) benefits from the payment in monthly installments, within 20 years, of the difference from the final price of the dwelling, after the mandatory minimum payment of 30% of the value of the dwelling at the date of the contracting paid by the contractor.
Interest on the advanced amount of the special deposit, which is repaid in installments, is 5% annually.
In the case of non-repayment of the due installments, a 10% interest rate will be paid annually on these rates.
The local public authorities, through their delegated administrators, will conclude with the natural persons provided in the present article loan agreements for the advanced amounts from the special deposit, according to the legal norms in force.
Art. 8. - The natural persons referred to in art. 7 shall address to the local councils, which shall analyze and approve, as the case may be, the respective applications, and shall also establish the order of priority.
The amount of the subsidy is established in relation to the monthly average net income per family member, according to the rules approved annually by the Government.
Art. 9. - The deposits deposited on behalf of local councils are fed by the following sources:
a) the amounts approved annually in the local budgets for housing;
b) receipts from the sale of dwellings and other dwellings in dwelling buildings, with the exception of income from local budgets, according to the legal provisions in force, as well as the amounts received according to the provisions of art. 7;
c) allocations from the state budget, within the limits of the approved annual provisions with this destination;
d) other sources constituted according to the law.
Art. 10. - The provisions of art. 7 of the present law benefit, once only, the natural persons who, together with the family, did not own or own a dwelling, except for the persons stipulated in art. 7 lit. c), or if the dwelling they share together does not meet the minimum surface requirements, set out in Annex no. 1, corresponding to the number of people in the family.
Owners of new homes, individuals, are exempt from the tax on the building for 10 years from the date of the acquisition of the dwelling.
In the case of the transfer of the dwelling under the present law, the new owner no longer benefits from the tax exemption.
Art. 11. - The dwellings under the conditions of Art. 7-9 of the present law shall be placed, by the care of the local councils, on the lands owned by the administrative-territorial units or on the land belonging to the natural persons benefiting, under the provisions of the Civil Code, in compliance with the legally approved urban planning documents and with the insurance of the utilities urban amenities necessary for living conditions.
Art. 12. - Land consolidation works for housing construction, consisting of: public roads, water supply and sewerage networks, electricity networks and, as the case may be, gas, telephone and district heating networks are financed as follows :
a) public roads, water supply and sewerage networks and, as the case may be, district heating networks, from local budgets and other legally established funds for this purpose;
b) the street electric networks, including the corresponding transformation stations and, as the case may be, street gas and telephone lines, the revenues and expenses budgets of the autonomous regies, the bank credits contracted by them, as well as from other funds set up for this purpose .
Romanian legal entities investing in profit in land consolidation works for housing construction benefit from the tax exemption on profit, according to the provisions of art. 5 of the present law.
Art. 13. - The opening of the financing and the start of the works from the public funds shall be made after contracting with the future beneficiaries of at least 70% of the number of dwellings planned to be started.
Art. 14. - The use of the existing amounts in the deposits set up at the level of the local councils is also the responsibility of their responsibility.
Art. 15. - The state budget allocations are based on the local councils, for the elaboration of the state budget, distinct for the termination of the dwellings and for the construction of new dwellings, and are submitted to the county council and to the General Council of Bucharest , as the case.
Proposals for allocations from the state budget of the local councils, centralized in each county and the municipality of Bucharest, shall be submitted to the Ministry of Public Works and Territorial Planning by the county councils and the General Council of the Municipality of Bucharest.
For the state budget allocations for state support for the financing of housing construction according to the provisions of the present law, the Ministry of Public Works and Territorial Arrangements fulfills the attributions of the Principal Authorizing Officer, stipulated in the Law on Public Finances.
In the execution of the state budget, the allocations for housing construction shall be distributed and granted to the beneficiary local councils by the Ministry of Public Works and Territorial Arrangements, through the county councils and the General Council of the Municipality of Bucharest, according to the methodological norms.
Art. 16. - The list including the number, the structure of the number of rooms and the location of the dwellings, as well as the list of the persons who will benefit from housing, in the order of priority established according to art. 7 by local councils, is displayed at their headquarters.
Art. 17. - Family, within the meaning of the present law, means husband, wife, children and parents of husbands who live and work together.
Art. 18. - Upon repayment of the amounts due by the beneficiaries of the dwellings, a legal mortgage on the dwelling is established.
Art. 19. - The act of living between the vineyards and the housing for which subsidies have been granted may be made only after the full refund of the amounts due and on the basis of proof of the full payment of the amount of the updated amounts received as subsidies from the budget state, according to the provisions of art. 7, in the deposit made for the construction of the dwellings, under the conditions of the present law.
Art. 20. - The House of Savings and Consignments will grant credits to the Romanian natural persons for the construction, purchase, rehabilitation and repair of the capital of the personal property, whose surfaces do not exceed those included in Annex no. 1 to this law, for a maximum of 20 years. Loans are granted at a rate equal to that granted by the House of Savings and Consignments to the Term Deposits of the Population, plus a margin of 5 percentage points, and shall be borne by:
a) 15%, by the beneficiary of the credit;
b) the difference, up to the total interest rate, including the interest margin, from the state budget, within the limits approved annually with this destination in the budget of the Ministry of Public Works and Territorial Arrangements.
The House of Savings and Consignments will not charge any fees for the loans granted.
Credits for building or buying dwellings are granted once only to individuals with Romanian citizenship who have not owned or owned a dwelling. Of these credits, exceptionally, the qualified persons from agriculture, education, health, public administration and cults, who settle their residence in rural areas, as well as those who work together with the family in homes that do not meet the minimum requirements of the surface, of the number of persons in the family, provided in Annex no. 1 to this law.
Upon receipt of the credit, the beneficiary must have deposited at the Savings and Consignment House a deposit representing up to 10% of the amount of the requested loan.
At the deposited warehouse, the Savings and Consignment House will pay an interest equal to the one directly borne by the beneficiary. The deposit will not be refunded before the full repayment of the credit and can be used to repay the last tranches of the loan, up to the amount of the deposit made up.
The non-payment, consecutively, of 6 monthly credit installments and related interest attracts forced execution on the acquired asset. The good acquired through such credits can not be alienated until after the loan has been repaid.
The method of payment and the amount of the subsidies are established by convention between the House of Savings and Consignments and the Ministry of Public Works and Territorial Arrangements, with the approval of the Ministry of Finance.
In the execution of the state budget, the Ministry of Public Works and Territorial Development will allocate to the Savings and Consignment House, according to the established by the Convention, the amounts related to the interest subsidies for the credits granted and to be granted in the respective year.
Rental of dwellings
Art. 21. - The renting of the dwellings is based on the agreement between the landlord and the tenant, signed by a written contract, which will be registered with the territorial tax authorities and will include:
a) the address of the dwelling that is the subject of the lease;
b) locative area and equipment used exclusively and jointly;
c) the area of courtyards and gardens used exclusively or jointly;
d) the amount of the monthly rent, the rules for its modification and the payment method;
e) amount paid in advance on the rent account;
f) the place and conditions in which the keys are received and restituted;
g) the obligations of the parties regarding the use and maintenance of the premises that are the subject of the contract;
h) the inventory of the objects and the related endowments;
i) date of entry into force and duration;
j) the conditions for the exclusive and joint use of the co-owned parties;
k) persons who will reside with the contract holder;
l) other clauses agreed between the parties.
Art. 22. - Any clauses contained in the rental agreement shall be null and void, which:
a) oblige the tenant to recognize or to pay in advance to the owner any amount to repair the owner;
b) prevents the collective liability of the tenants in case of degradation of the building elements and of the installations, the objects and the endowments for the common spaces;
c) require tenants to make damages;
d) relieves the owner of his obligations under the legal provisions;
e) authorizes the owner to obtain income from non-compliance with the terms of the lease.
Art. 23. - If the parties do not agree on the renewal of the rental contract, the tenant is obliged to leave the house upon expiration of the contractual term.
Art. 24. - The termination of the rental agreement before the set deadline is made under the following conditions:
a) at the request of the tenant, subject to prior notification within a minimum of 60 days;
b) at the request of the owner, when:
- the tenant has not paid the rent for at least 3 consecutive months;
- the tenant has caused significant damage to the dwelling, to the building in which it is located, to the installations, as well as to any other assets related to them, or to the fact that they are unjustly alienating to them;
- the tenant has a behavior that makes the cohabitation impossible or prevents the normal use of the dwelling;
- the tenant did not observe the contractual clauses;
c) at the request of the owners' association, when the tenant has not paid his / her obligations from the common expenses for a period of 3 months, if they have been established, through the lease, in charge of the tenant.
Art. 25. - The tenant is evicted only on the basis of an irrevocable court order.
The tenant is obliged to pay the rent stipulated in the rental agreement, until the actual execution of the eviction decision.
Art. 26. - The tenant can rent, modify or improve the dwelling owned only with the prior written consent and under the conditions set by the owner, if they are not prohibited by the main lease.
The beneficiary of the sub-lease can not claim any right against the owner or any title of employment.
The sublease agreement, concluded in compliance with the legal provisions, is registered with the territorial tax authorities.
Art. 27. - In the case of definitive departure of the residence by the owner of the lease or his death, the continuous lease, as the case may be:
a) for the benefit of the husband or wife if he resided with the holder;
b) for the benefit of descendants or ascendants, if they have lived with him;
c) for the benefit of other persons who have had the same residence with the holder for at least one year and who have been included in the rental agreement.
In the case of several applications, the lease is transferred by court order.
In the absence of the persons who can apply for the dwelling, according to the above, the lease contract shall cease within 30 days from the date of leaving the residence by the contract holder or from the date of the death.
Art. 28. - The owner has the following obligations:
a) to hand over the dwelling in a normal state of use;
b) to take measures for the repair and maintenance of the operational and functional condition of the building throughout the rental of the dwelling;
c) to maintain in good conditions the elements of the building's structural structure, the external building elements of the building (roof, facade, fencing, pavements), courtyards and gardens, as well as common spaces inside the building (stairwell, elevator house, corridors, basements, exterior stairs);
d) to maintain in good conditions the common facilities of the building (lift, hydrophore, water supply, sewerage, central heating and hot water installations, electrical and gas installations, thermal power stations, crematoriums, collection facilities waste, collective antenna, telephone, etc.).
Art. 29. - The tenant has the following obligations:
a) to carry out maintenance, repair or replacement of building elements and installations for exclusive use;
b) repair or replace damaged building elements and installations for common use as a result of their improper use, whether inside or outside the building; if the persons who have caused the degradation are not identified, repair costs will be borne by those who have access to or share the building elements, installations, objects and related equipment;
c) ensure cleanliness and sanitation inside the dwelling and common parts throughout the rental contract;
d) to give the owner the normal use of the dwelling, upon its release.
The tenant's obligations regarding the maintenance and repair of the rented space are preserved also in the case of the sub-tenancy of the dwelling.
Art. 30. - If the owner fails to fulfill his obligations regarding the maintenance and repair of the rented dwelling, the works may be executed by the tenants on the account of the owner, retaining their rent value.
The tenant will be able to execute these works if the degradation produced is likely to affect the normal use of the building or the dwelling and only when the landlord, upon the written notice of the tenant, did not take action to execute the work within 30 days of at the time of notification.
Art. 31. The housing rent will cover administration, maintenance and repair expenses, taxes on buildings and land, as well as the recovery of the investment, according to the normal duration established according to the legal provisions, as well as a profit negotiated between the parties.
Art. 32. - The maximum level of rent for state-owned dwellings is established by special law. The maximum rent for these dwellings varies by categories of localities and by areas by local councils, according to the criteria taken into account for the establishment of taxes and local land taxes.
Art. 33. - The owners of rental contracts may exchange between them, with the approval of the authority that approved the lease or, as the case may be, of the owner of the dwelling.
Administration of residential buildings
Art. 34. - The dwellings may be given by the owner in the administration of natural or legal persons, associations, public services or specialized economic agents, as the case may be.
The duties of those who administer are mainly the following:
a) the management of goods and money funds;
b) hiring contracts with the necessary service providers and monitoring their achievement, in order for the proper functioning of the building;
c) ensuring knowledge and observance of common rules of living;
d) representing the interests of the owner in relation to the public authorities;
e) fulfillment of any other obligations stipulated by the law.
Art. 35. - In multi-dwelling residential buildings, the owner is responsible for ensuring the normal functioning of the dwelling owned by the owner and of the indivisible premises.
For this purpose, the owners will be formed in associations with legal personality.
The way of establishment, organization and functioning of the owners' associations is regulated according to the framework regulation included in Annex no. 2 to this law.
Art. 36. - In cases where, in the dwelling buildings, one of the owners or tenants knowingly and in any way hinders the normal use of the dwelling, causing prejudice to the other owners or tenants, as the case may be, at the request of the owners of the buildings or of their legal representative, the court will decide on the measures for the normal use of the building.
Art. 37. - Tenants of multi-dwelling buildings may be associated, according to the law, in order to represent their interests in relations with owners, as well as with other legal or natural persons.
For the same purpose, if the association is not established, the tenants may mandate a representative.
Art. 38. - Constructions of social housing can be made in any locality, on the sites provided in the urbanism documentation and under the present law.
The establishment of the social housing fund is done by building new buildings and by rehabilitating existing buildings.
The local councils control and answer the social housing fund located on the territory of the respective administrative-territorial units.
Art. 39. - The social dwellings belong to the public domain of the administrative-territorial units.
Art. 40. - The social dwellings shall be located only on the land belonging to the administrative-territorial units, according to the provisions of art. 11.
Art. 41. - The social dwelling shall be carried out respecting the useful surface and the endowments established within the built-up area, according to annex no. 1 to this law.
For dwellings that are made by the rehabilitation of the existing constructions, only provisions regarding the minimum endowment are considered mandatory.
Art. 42. - They have access to the social housing, with a view to renting, to families with a net average monthly income realized in the last 12 months below the monthly net income per family, for which social assistance under the law is granted, increased by 10%.
The minimum level so calculated will be periodically corrected by the Government, depending on the evolution of the economic and social situation, starting with 1996.
Net monthly income per family is established on the basis of the income statement and the supporting documents, according to the legal provisions.
Unsurprisingly, income statements make material or criminal liability, as the case may be.
Art. 43. - The social housing shall be distributed by the local councils on the basis of the criteria established annually by them under the provisions of the present chapter and they may benefit, in the order of priority established by the local councils, the following categories of persons: the married young people are younger than 35 years of age, young people from social care institutions who have reached the age of 18, first and second degree invalids, disabled people, pensioners, veterans and widowers of war, beneficiaries of the provisions of Law no. 42/1990, republished, and Decree-Law no. 118/1990, republished, other persons or families entitled.
Art. 44. - The lease shall be concluded by the mayor or by a person authorized by the mayor with the beneficiaries established by the local council for a period of 5 years, with the possibility of extension on the basis of the income statement and the supporting documents required by legal provisions.
The rent level will not exceed 10% of the net monthly income, calculated over the last 12 months, per family. The difference to the nominal value of the rent, calculated according to art. 31, will be subsidized from the local budget of the administrative-territorial unit where the social housing is located.
Article 45. - The owner of the lease is obliged to notify the mayor, within 30 days, of any change in the net monthly income of his family, under the penalty of termination of the lease.
In cases where monthly net income per family has changed, the local public administration authority will operate the modification of the rent and grant granted to the landlord.
Art. 46. - The lease may be terminated:
a) under the conditions stipulated in art. 24 of the present law;
b) if the average net monthly income per family, made in two consecutive tax years, exceeds by over 20% the minimum level stipulated in art. 42 of the present law and the owner of the lease did not pay the nominal value of the rent within 90 days from the communication.
Art. 47. - Social housing realized according to the present law can not be sold.
Article 48. - No social housing, according to the present law, may be granted to persons or families who:
a) own a home;
b) have alienated a home after 1 January 1990;
c) benefited from state support in loans and execution for the construction of a dwelling;
d) I own as a tenant another home.
Art. 49. - The beneficiaries of the social housing shall not have the right to lease, transfer the right of dwelling or to change the destination of the rented space, under the sanction of termination of the lease and of the possible damage to the dwelling and the building, as the case may be.
Art. 50. - Financing of social housing shall be ensured from the local budgets, within the limits of the approved annual budget provisions, of the local councils, for which purpose a separate subdivision of expenditures shall be established in these budgets.
The state supports the construction of social housing by means of transfers from the state budget, established annually with this destination in the budget of the Ministry of Public Works and Territorial Arrangements, through the state budget law.
Individuals and businesses can support the construction of social housing by donating or contributing.
Service home and residential home
Art. 51. - The service housing fund shall consist of:
a) existing dwellings, which, according to the legal provisions, remain with the purpose of working dwellings on the date when the present law comes into force;
b) new homes.
The conditions and duration of the lease will be stipulated in the rental agreement concluded between the contracting parties, an accessory to the employment contract.
Art. 52. - New housing shall be financed, according to the law, from:
a) the state budget and the local budgets, within the limits of the budget approved annually with this destination;
b) the budgets of the economic agents, for their employees.
Art. 53. - The service dwellings financed from the state budget or from the local budgets shall be made in compliance with the useful surface and the endowments, within the limit of the surface built on the apartment, according to Annex no. 1.
Service dwellings shall be located as follows:
a) on land owned by the state or administrative-territorial units, for housing financed from the state budget or from the local budgets, with the assurance of the land consolidation, according to the provisions of art. 12;
b) on the land belonging to the economic agents, for the dwellings and land consolidation works, financed from their budgets.
In special situations, determined by the nature of the site and the character of the area, with the approval of the credit ordinators, the dwellings provided in par. 1 can be built with surfaces up to 20% higher than those provided in Annex no. 1, and beyond this limit, with the approval of the Government.
The service dwellings made under the present law, financed from the state budget and local budgets, may be sold under the conditions of the law, with the approval of the Government, if the activity that generated the realization of the respective dwellings has been reduced or ceased.
Art. 54. - The home of the intervention follows the regime of the service dwelling.
Intervention dwellings are made with the investment objective and are located in the premises or in the immediate vicinity.
Intervention dwellings can not be sold to the tenants.
The home of necessity
Art. 55. - The necessity home shall be financed and carried out under the conditions laid down for social housing.
The necessity home is temporarily rented to the persons and families whose homes have become unusable according to the provisions of art. 2 lit. f).
The lease is concluded by the mayor of the locality or by a person authorized by him, based on the decision of the local council, to the removal of the effects that made the dwellings unusable.
Art. 56. - Local councils may declare, in cases of extreme urgency, as dwellings of necessity, free housing in the social housing fund.
The protocol home
Art. 57. - The protocol dwellings are public property of the state.
The management of the protocol housing stock is done by the Autonomous Registry "State Protocol Patrimony Administration", which ensures the record, maintenance, repair and preservation of it, as well as the collection of the rent.
The assignment, occupation and use of protocol dwellings shall be subject to the provisions of this law.
Art. 58. - Presedintele Romaniei, presedintele Senatului, presedintele Camerei Deputatilor si primul-ministru beneficiaza, in conditiile prezentei legi, de cate o locuinta de protocol, ca resedinta oficiala.
The official residences of the persons provided in par. 1 shall be assigned by the Government and shall be made available, together with the related endowments, by the Autonomous Registry "Administration of the State Protocol Patrimony" for the entire period of the exercise of the position.
The list of real estate intended for the official residence, as well as other protocol buildings, and the conditions that they have to fulfill, shall be established by a Government decision.
Art. 59. - The following persons may carry out the protocol accommodation, on request, with the payment of the rent stipulated by the law, the persons who fulfill the following public functions: vice-presidents of the Senate and the Chamber of Deputies, state ministers, ministers and assimilations thereof, and the president of the Court Supreme Court, the President of the Constitutional Court, the President of the Court of Accounts, the Chairman of the Legislative Council and the People's Advocate, during the exercise of his office or mandate.
For the persons referred to in paragraph 1, the assignment of the protocol home shall be made by a decision of the Prime Minister and shall be made available to them by the Autonomous Administration "Administration of the State Protocol Patrimony".
The assignment of protocol dwellings may be made only if the persons provided in paragraph 1 do not own, in the locality in which they operate, another dwelling that meets the conditions established according to art. 58 par. 3.
Art. 60. - For the official residences, the Autonomous Registry "State Protocol Patrimony Administration" shall conclude rental contracts with the specialized services of the institutions in which the beneficiaries are operating.
For protocol dwellings, the lease agreements are concluded by the Autonomous Registry "State Protocol Patrimony Administration" with direct beneficiaries, who, on this basis, will be able to occupy the respective home together with family members.
The contract for the rental of the protocol houses and the ones with the official address of residence terminates in law within 60 days from the date of the dismissal of the beneficiary.
The assignment, under the present law, of an official residence, or of a protocol home, does not affect the housing rights held by the persons provided under art. 58 and 59.
Transitional and final arrangements
Art. 61. - Any litigation related to the application of the provisions of this law shall be settled by the courts of law.
Art. 62. - The provisions of the Government Ordinance no. 19/1994 regarding the stimulation of investments for the execution of public works and construction of dwellings, approved and modified by Law no. 82/1995, shall continue to apply until the termination of the dwellings started.
The rights provided in the Government Ordinance no. 19/1994 will benefit from the date when the law enters into force *) and the married young people, each having the age of up to 35 years, will be paid by the end of the calendar year in which the contract takes place.
After the completion of the blocks of flats, the sources for the creation of the special deposit, according to the provisions of the Government Ordinance no. 19/1994 and of the methodological norms, shall be taken as revenues to the special deposit constituted according to the provisions of art. 9.
*) The provision refers to Law no. 196 of November 17, 1997, published in the Official Gazette of Romania, Part I, no. 331
Art. 63. - Within 60 days from the date of introduction of the system of determination and taxation of the total income for natural persons, the Government shall regulate the facilities provided for in Chapter. II of the present law, which can also benefit individuals who invest in housing construction and to secure the homes damaged by earthquakes.
Romanian legal persons investing in profits for the works provided under art. 5, 6 and 12, separately or cumulatively, benefit from the tax exemption on the invested profit, according to the provisions of art. 5 of the present law.
Art. 64. - The change of the destination of the dwellings as well as of the spaces with another destination located in collective buildings can be done only with the consent of the owner or the owners' association. In order to make this change, the favorable opinion of the owners and, as the case may be, of the owners of the lease agreements in the dwellings adjoining the space to be changed, horizontally and vertically, is necessary.
Art. 65. - The construction of holiday homes shall be authorized, at the request of natural persons and economic agents, only on the lands owned or leased under the conditions of the law, in the areas established by the approved urban planning and spatial planning documents according to the law.
Art. 66. - The rent for the official residences shall be paid from the budgets of the Romanian Presidency, the Senate, the Chamber of Deputies and the General Secretariat of the Government, within the limits of the budgetary provisions approved annually.
Art. 67. - The Government is responsible for the unitary application, throughout the country, of the development policy of housing construction.
The development program for housing construction is elaborated by the Ministry of Public Works and Territorial Arrangement, based on the foundations of the central public administration bodies concerned, the county and local councils, in accordance with the approved urban planning and spatial planning documents.
Art. 68. - In order to fulfill the provisions of the present law, the Government shall adopt methodological norms for application *).
*) The methodological norms were approved by the Government Decision no. 446 of August 12, 1997, published in the Official Gazette of Romania, Part I, no. 203 of 21 August 1997.
Art. 69. - Within 24 months from the date of entry into force of this law, the owners of multi-dwelling buildings in private or mixed property shall be constituted in owners' associations, in accordance with the Framework Regulation of the owners, included in annex no. 2, which is an integral part of this law.
Until the establishment and operation of Land Registry Offices, the registration of the property in order to form associations of owners is made in the advertising registers in force at the offices of transcriptions and real estate inscriptions of the judges.
Until the date of acquisition of the legal personality of the owners' association, the associations of tenants carry out their activity on the basis of the Decree of the State Council no. 387/1977 approving the Statute on the organization and functioning of the association of tenants.
Art. 70. - The Decree of the State Council no. 387/1977 approving the Statute on the organization and functioning of the association of the residents, published in the Official Bulletin, Part I, no. 116 of November 16, 1977, shall be abrogated 24 months after the entry into force of this law.
Art. 71. - Persons who enjoy more favorable rights than those provided by the present law, enshrined in special laws, which relate, among others, to the matter of housing legal relations and their related rights, continue to enjoy the rights favorable.
Art. 72. - The provisions of the present Law on Housing shall be supplemented by the provisions of the Civil Code on the Housing Agreement.
Article 73. - On the date of entry into force of this law, it shall abrogate:
- Law no. 5/1973 on the management of the housing stock and the regulation of relations between owners and tenants, with the exception of chapter. 4 and art. 63 with reference to the head. 4 of the same law, except the provisions regarding the personal ownership of the dwellings;
- H.C.M. no. 860/1973 for the enforcement of the Law no. 5/1973, with regard to rental of dwellings;
- Decree of the State Council no. 256/1984 regarding the improvement of the housing construction regime and the modification of some regulations regarding the establishment of the limit prices of the dwellings that are built from the state funds, the contracting prices of the dwellings and the selling prices of the dwellings from the state housing stock, except art. III and Annexes no. 3 and 4;
- Decree of the State Council no. 68/1975 regarding the improvement of the regime of housing construction from the state funds or from the funds of the population with state support in credits and execution;
- art. 12 par. 1 lit. a) and par. 2, art. 21-25 and art. 35 par. 2 of the Law no. 50/1991 regarding the authorization of the execution of the constructions and some measures for the construction of the dwellings;
- any other provisions contrary to the provisions of this law.
This reproduction is consistent with the original.
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