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LAW NO. 85 (SALE OF LOCATIONS)

Art. 1. The dwellings built from the state funds can be purchased by the owners of the rental contracts, with full payment or in installments, according to Decree-Law no. 61/1990 on the sale of dwellings constructed from state funds to the population and this law.

They are exempted from the provisions of paragraph 1 dwellings whose surfaces exceed the maximum norms stipulated in the normative acts on the basis of which were executed dwellings from the state funds and luxury dwellings executed on the basis of unique projects.

Also, the protocol houses, which serve the dignitaries as service dwellings during the exercise of their office, are exempt.

Art. 2. The construction of dwellings financed by the state funds, in the course of execution and not allocated by the date of entry into force of this law, which can not be finished and sold under the regulations in force, can be sold on apartments, , on stairs, on sections of buildings or entirely through public auction.
Exemption from the provisions of paragraph 1 dwellings under execution passing by protocol, without payment, in the patrimony of the Ministry of National Defense, the Ministry of Interior and the Romanian Intelligence Service. These dwellings are subject to the service housing regime provided by art. 1 par. 3.
Auctions are organized by local councils.
The dwellings provided in par. 1, allocated or for which have been concluded pre-contracts or sale-purchase contracts until the date of entry into force of the present law, may be purchased by the beneficiaries of the distribution act or by the holders of the pre-contracts or of the sale-purchase contracts without auction the value of the works performed by the owner unit, under art. 1.
The price at which the auction begins is established by the units of ownership, taking into account the physical execution stage, plus the related design costs. From the auction price, the units benefit from a commission of up to 1% to cover the costs of sales and sales.
Art. 3. The spaces intended for the trade and service activities, the small industry and any other similar activities, located in the construction of dwellings under construction and owned by the autonomous regies specialized in the administration of the dwellings or of the local councils, may be sold at public auction, under art. 2.
In equal offers, priority shall be given to the adjudication by tender of the spaces provided for in paragraph 1 natural and legal persons who have entered into conventions or other documents equivalent to the self-governing regies or local councils for renting such spaces if, on the basis of a building permit issued according to the law, these persons have incurred expenses for the execution of construction works or installations to complete these spaces.
The price from which the auction begins is established under the conditions provided for in art. 2 par. 5.
The spaces provided in paragraph 1, which are owned by companies, are considered assets and can be sold according to the law.
Art. 4. Garages built from state funds or funds from state economic or budgetary units can be bought by the owners of the lease agreements.
The selling price of these spaces is established under the conditions of art. 2 par. 5 and fully paid for the conclusion of the sale-purchase contract.
Art. 5. The natural or legal persons who have acquired the ownership right over constructions under execution are obliged to obtain, according to the law, the authorization for the continuation of the works and to ensure their execution under the terms and conditions stipulated in the authorization.
Art. 6. The dwellings constructed from the state funds and from the funds of the state economic or budgetary units, which are not subject to a rental contract or for which no distribution orders have been issued, as well as those that have as a rental contract owner a the legal person can be sold through a public auction organized by the local councils or the economic agents holding the respective premises. When determining the price at which the auction begins, the provisions of art. 2 par. 5.
It is exempt from the sale by public auction of dwellings made out of State funds and from the funds of the state economic or budgetary units, which have as owner of the lease a non-profit legal person who uses the space exclusively for the purpose for which he was rented.
Art. 7. The dwellings built from the funds of the state economic units or state budget until the date of coming into force of this law, other than the dwelling houses, will be sold to the owners of the rental contracts upon their request, with full payment or in installments of the price, under the Decree-Law no. 61/1990 and the present law.
Art. 1 para. 2 is applied accordingly.
Benefits from the provisions of paragraph 1 and the tenants who are not employees of the owned units.
The valuation and sale of the dwellings provided in par. 1, according to Decree-Law no. 61/1990 and the present law, are made by the owner units or by the units specialized in selling the dwellings, based on a service contract with a commission of 1% calculated at the selling price.
Intervention dwellings means housing located within the state's economic or budgetary units, as well as those directly related to the fulfillment of the duties of the persons who occupy them.
Art. 8. The constructions provided in art. 7, in execution and not allocated by the date of entry into force of this law, may be sold with the approval of the governing bodies of the legal persons owning them, under the conditions of art. 2.
Art. 9. The amounts collected from the sale of dwellings, according to art. 6, 7 and 8 will be used as a priority for the repayment of any contracted credits for the execution of dwellings.
The remaining differences after reimbursement of the credits provided in paragraph 1 and interest payments will be used as resources for financing investments, for finalizing the construction of dwellings under execution, which will remain in the future in the ownership of the state economic and budgetary units.
If the annual interest on the credits related to the dwellings built from the funds of the economic units, sold according to art. 7, can not be fully covered from the amounts obtained according to par. 1, the differences are covered by the revenues to the state budget according to art. 12, within the limits of the funds approved annually by the law of the state budget.
Art. 10. If in a building there are several dwellings and spaces with another destination, with the right of ownership thereon, the right to ownership on building shares and installations as well as on the endowments which , by their nature, can only be used in common.
The right of ownership provided in par. 1 is obtained irrespective of the section, the staircase or the floor where the home and the space with the other destination are located.
The right of ownership provided in par. 1 also acquires the land on the building, as determined by the building permit. The value of this quota is included in the price.
For persons who acquire dwellings in blocks, under art. 1, art. 2 par. 4 and art. 7 of the present law, the assignment of the land is made under the conditions of art. 35 par. 2 of the Law no. 18/1991.
Persons who can not acquire land ownership in Romania will receive, in the form of a concession, the corresponding land shares for the entire duration of the building.
The right of ownership provided in par. 1, 3 and 4 shall be determined on the basis of quotas, in proportion to the built-up area of ​​the dwellings and the spaces for another purpose.
Art. 11. In the case of the sale of the dwellings provided in art. 1, art. 2 par. 4 and art. 7, with the payment of the price, at the conclusion of the contract will be paid a minimum advance of 10% of the price of the dwelling.
The monthly installments for the payment of the house price will be for a maximum of 25 years, with an annual interest rate of 4%.
I can not buy flats with the price paid in installments people who in their family have another home personal property.
Families with multiple rental homes may purchase, under the present law and Decree-Law no. 61/1990, at their choice, only one of them.
Art. 12. The advance shall be collected by the selling units at the conclusion of the contract and the monthly installments, including the related interest, shall be paid as follows:
a) by the employees, by retaining on the state of payment at the second chenzina;
b) by pensioners, by retentions from pension;
c) by other categories of buyers, by paying to C.E.C's counters in the account provided in the contract.
The amounts collected in advance and the monthly rates of the price for dwellings built from state funds will be distributed as follows: 50% to the state budget and 50% to the local budget.
The amounts resulting from the collection of the interest, in the case of dwellings built from the state funds, shall be paid to the state budget, after deduction by the owners or sellers of the expenses for the tracking and keeping of the rate records, which will be included in a quota of we belong to the interest provided in art. 11 par. 2.
Art. 13. For young people up to the age of 30, holders of a lease or distribution contract concluded or, as the case may be, issued before the entry into force of this law, the interest shall be 2%.
Art. 14. The provisions of art. 13 also benefit from the persons stipulated in art. 10 of Decree-Law no. 61/1990, as well as the persons stipulated in art. 6, 7 and 8 of Law no. 42/1990 for honoring the memory of martyr heroes and granting rights to their descendants, as well as to the wounded during the Revolution of December 1989.
Art. 15. The provisions of art. 11 shall apply to the contracts with the payment in installments of the price, which shall end with the beginning of the coming into force of this law.
If the monthly installment of the house price is not settled, the buyer will pay an interest rate of 8% per annum on these rates.
In case of non-payment of 6 installments due by the buyer of the dwelling, the selling unit will be able to demand forced execution on the dwelling and the eviction of the owner, according to the law.
Until the full payment of the price, the dwelling acquired under the present law can not be alienated or restructured without the prior authorization of the selling unit. The vendor unit guarantees its payment by signing the mortgage on the dwelling, under the conditions of the law.
Art. 16. Annex no. 1 to Decree-Law no. 61/1990 shall be completed with the selling prices of the dwellings with reduced comfort, provided in the appendix which is an integral part of the present law.
Art. 17. The dwellings and constructions provided by the present law may be bought only by natural persons with Romanian citizenship or by legal persons having their registered office in Romania.
Art. 18. Within 30 days from the entry into force of this law, the Government will approve the technical evaluation norms, as well as the conditions in which the auctions provided for in art. 2, 3 and 6.
Art. 19. The sale and purchase contracts for dwellings not built from state funds, but which have been transferred to this property, the sale and purchase of service dwellings belonging to commercial companies and autonomous regies which contravene the provisions of this law, as well as any other contract concluded in breach of the provisions of Decree-Law no. 61/1990 are hit by absolute nullity.
Nullity can be invoked by any person and by any means.
The Prefects will organize the detection of these cases and notify the courts of the nullity and restoration of the previous situation. From the sums to be returned to the buyers, the rent will be retained for the period from the contract until the refund. The amounts returned are not interest-bearing and not updated.
Article 20. On the date of entry into force of this law, Art. 4 of Decree-Law no. 61/1990, as well as any other contrary provisions.
Interest rates on loans contracted under Decree-Law no. 61/1990 is the one stipulated in that normative act.
Art. 1. The dwellings built from the state funds can be purchased by the owners of the rental contracts, with full payment or in installments, according to Decree-Law no. 61/1990 on the sale of dwellings built from state funds to polluting and the present law.
They are exempted from the provisions of par. 1 dwellings that exceed the maximum areas stipulated in the normative acts on the basis of which the dwellings from the state funds and from the funds of the state economic and budgetary units were executed, as well as those which present at the date of sale higher finishing equivalents to works of art or ornamental special or special facilities such as: swimming pool, sauna, greenhouse, wine cellar, wine bar, cold room or the like.

Also exempt are the protocol dwellings that have served or serve dignitaries or other persons elected or appointed as dwelling during the performance of their duties, even if they are subsequently removed from the records of the protocol dwellings.
Art. 2. The construction of dwellings financed by the state funds, in the process of execution and not allocated by the date of entry into force of this law, which can not be completed and sold under the regulations in force, may be sold on apartments, , on stairs, on sections of buildings or entirely through public auction.
Exemption from the provisions of paragraph 1 dwellings under execution, passing by protocol, without payment, to the patrimony of the Romanian Parliament, the Ministry of National Defense, the Ministry of Interior, the Romanian Intelligence Service, the Protection and Guard Service, the Ministry of Justice, the General Directorate of Prisons, which they build by their own investment plans or acquires them using budget allocations that are provided for this purpose. These dwellings are subject to the housing regime provided by art. 1 par. 3.
Auctions are organized by local councils.
Housing provided in paragraph 1, distributed or for which antecontracts or sale-purchase contracts have been concluded up to the date of entry into force of this law, may be purchased by the beneficiaries of the distribution act or by the holders of the pre-contracts or of the sale-purchase contracts without auction, at the value of the works executed by the owner unit, under art. 1.
The price at which the auction begins is established by the units of ownership, taking into account the physical execution stage, plus the related design costs. From the auction price, the units benefit from a commission of up to 1% to cover the costs of sales and sales.
Art. 3. The spaces intended for the trade and service activities, the small industry and any other similar activities, located in the construction of dwellings under construction and owned by the autonomous regies specialized in the administration of the dwellings or of the local councils, may be sold at public auction, under art. 2.
At equal offers, they benefit from the auctioning of the spaces provided for in par. 1 natural and legal persons who have entered into conventions or other documents equivalent to the self-governing regies or local councils for renting such spaces if, on the basis of a building permit issued according to the law, these persons have incurred expenses for the execution of construction works or installations to complete these spaces.
The price from which the auction begins is established under the conditions provided for in art. 2 par. 5.
The spaces provided in paragraph 1, which are owned by companies, are considered assets and can be sold according to the law.
Art. 4. Garages built from the state funds or from the funds of the state economic or budgetary units can be purchased by the owners of the lease agreements without auction.
The sale price of these spaces is set at the circulation value from the date of sale.
Art. 5. The natural or legal persons who have acquired the ownership right over constructions under execution are obliged to obtain, according to the law, the authorization for the continuation of the works and to ensure their execution under the terms and conditions stipulated in the authorization.
Art. 6. The dwellings constructed from the state funds and from the funds of the state economic or budgetary units, which are not subject to a rental contract or for which no distribution orders have been issued, as well as those that have as a rental contract owner a the legal person may be sold through a public auction organized by the local councils or the economic agents holding the respective premises. When determining the price at which the auction begins, the provisions of art. 2 par. 5.
It is exempt from the sale by public auction of dwellings made out of state funds and from the funds of the state economic or budgetary units, which have as owner of the lease a non-profit legal person who uses the space exclusively for the purpose for which he was rented.
Article 7. The dwellings built from the funds of the state economic units or state budget until the date of entry into force of the present law, other than the dwelling houses, will be sold to the owners of the rental contracts at their request, with full payment or in installments, in the conditions Decree-Law no. 61/1990 and the present law.
They will also be sold on request, subject to the provisions of paragraph 1 and in compliance with the provisions of art. 1 par. 3, the tenants of rental contracts and the dwellings that before March 6, 1945 belonged to state institutions, autonomous regies and state-owned companies that ceased to exist after this date or, as the case may be, became, through reorganization, units economic or state budget.
The valuation and sale of the dwellings provided in par. (1) and (2) and Article 1 1, for which no sale-purchase contracts have been concluded until the date of entry into force of this law, shall be done under the provisions of Decree-Law no. 61/1990 and the present law, supplemented by the provisions regarding the wear coefficients in the Decree no. 93/1977, at a price indexed according to the increase of the minimum gross wage per country at the date of purchase, compared to the one existing at the date of entry into force of Law no. 85/1992.
Art. 1 para. 2 is applied accordingly.
Benefits from the provisions of paragraph 1 and the tenants who are not employees of the owned units.
Intervention dwellings within the meaning of this law are those intended to accommodate the staff of the economic or budgetary units that, through the employment contract, carry out activities or functions requiring the presence, permanently or in an emergency, within the units.
These dwellings do not sell.
The economic or budgetary units may own and build from their own funds service dwellings, intended for the rental of their employees, with an agreement for renting an accessory to the labor contract. The manner of administration and eventual alienation of these dwellings will be determined by the boards of directors, respectively by the management of the units.
Rural service dwellings, intended for medical, teaching staff, other specialists or staff of the Ministry of the Interior, do not sell.
Art. 8. The constructions provided in art. 7, currently executed and not allocated by the date of entry into force of this law, may be sold with the approval of the management bodies of the legal persons owning them, in accordance with Art. 2.
Art. 9. The sums collected from the sale of dwellings, according to art. 6, 7 and 8 will be used as a priority for the repayment of any contracted credits for the execution of dwellings.
The remaining differences after reimbursement of the credits provided in paragraph 1 and interest payments will be used as a resource for financing investments, for the completion of housing construction under construction, which will remain the property of the state economic and budgetary units in the future.
Art. 10. If in a building there are several dwellings and spaces with another destination, with the right of ownership thereon, the right to ownership on building parts and installations as well as on the endowments which , by their nature, can only be used in common.
The right of ownership provided in par. 1 is acquired irrespective of the section, the staircase or the floor where the home and the space with the other destination are located.
The right of ownership provided in par. 1 also acquires the land on the building, as determined by the building permit or the technical measurements of the building land.
For persons who acquire dwellings under Decree-Law no. 61/1990 and the present law, the assignment of the land is done under the conditions of art. 35 par. 2 of the Law no. 18/1991.
Persons who can not acquire land ownership in Romania will receive, in the form of a concession, the corresponding land shares for the entire duration of the building.
The right of ownership provided in par. 1, 3 and 4 shall be determined on the basis of quotas, in proportion to the built-up area of ​​the dwellings and the spaces for another purpose.
Art. 11. In case of sale of the dwellings provided in art. 1, art. 2 par. 4 and art. 7, with payment of the price at the conclusion of the contract will be paid a minimum advance of 10% of the price of the dwelling.
The monthly installments for the payment of the house price will be for a maximum period of 25 years, with an annual interest rate of 4%.
I can not buy flats with the price paid in installments people who in their family have another home personal property.
The family in the meaning regulated by the provisions of art. 15 par. 2 of the Law no. 5/1973, which owns several rented dwellings, can buy, under the present law and Decree-Law no. 61/1990, only one home.
Art. 12. The advance shall be collected by the selling units with the conclusion of the contract and the monthly installments, including the related interest, shall be paid as follows:
a) by the employees, by retaining on the state of payment at the second chenzina;
b) by pensioners, by retentions from pension;
c) by other categories of buyers, by paying to C.E.C's counters in the account provided in the contract.
Amounts earned in advance and monthly rates of dwellings built from state funds are fully paid to the budgets of municipalities, towns or communes in which they are located those homes.
The amounts obtained from the sale at auction of the constructions financed from the state funds, stipulated in art. 2 par. 1, art. 3 par. 1 and art. 6 par. 1 shall be kept outside the local budgets, at the level of the local public authorities in whose territory the respective buildings are located, for use only for the completion of the other dwellings in different stages of execution and for which the state funding is continued. If there are no existing housing in the administrative-territorial unit, the respective sums will be paid according to par. 2.
The amounts resulting from the collection of the interest, in the case of dwellings built from the state funds, shall be paid to the state budget, after deducting by the owners or sellers the expenses for tracking and keeping the rate records, which will be included in a quota of we include the interest provided in art. 11 par. 2.
Art. 13. For young people up to 30 years of age, holders of a rental or distribution contract, concluded or, as the case may be, issued until the date of entry into force of this law, the interest shall be 2%.
Art. 14. The provisions of art. 13 also benefit from the persons stipulated in art. 10 of Decree-Law no. 61/1990, as well as the persons stipulated in art. 6, 7 and 8 of Law no. 42/1990 *) to honor the memory of martyr heroes and grant rights to their descendants, as well as to the wounded during the Revolution of December 1989.
*) Law no. 42/1990 was republished in the Official Gazette of Romania, Part I, no. 204 of August 21, 1992.
Art. 15. The provisions of art. 11 shall apply to the contracts with the payment in installments of the price, which shall end with the beginning of the coming into force of this law.
If the monthly installments of the house price are not settled, the buyer will pay an interest rate of 8% per annum on these rates.
In the case of non-payment of 6 installments due by the buyer of the dwelling, the selling unit will be able to demand forced execution on the dwelling and the eviction of the owner, under the conditions of the law.
Until the full payment of the price, the dwelling acquired under the present law can not be alienated or restructured without the prior approval of the selling unit. The selling unit guarantees the price collection by signing the mortgage on the home, which is exempt from the stamp duty.
Art. 16. Annex no. 1 to Decree-Law no. 61/1990 shall be completed with the selling prices of the dwellings with reduced comfort, provided in the annex, which is an integral part of the present law.
Art. 17. The dwellings and constructions provided by the present law may be bought only by natural persons with Romanian citizenship or by legal persons having their registered office in Romania.
Art. 18. Within 30 days from the entry into force of this law, the Government will approve the technical evaluation norms, as well as the conditions in which the auctions provided for in art. 2, 3 and 6.
Art. 19. The sale / purchase contracts concluded in violation of the provisions of Decree-Law no. 61/1990 and this law are punished by absolute nullity.
Nullity can be invoked by any person and by any means.
The Prefects will organize the detection of these cases and notify the courts of the nullity and restoration of the previous situation. From the sums to be paid back to the buyers, the rent will be retained for the period from the contract until the refund.
The amounts returned are not interest-bearing and not updated.
Article 20. On the date of entry into force of this law, Art. 4 of Decree-Law no. 61/1990, as well as any other contrary provisions.
Interest rates on loans contracted under Decree-Law no. 61/1990 remains the one stipulated in that normative act.

This reproduction is consistent with the original.

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CRD Property Broker - Real Estate Agency from Drumul Taberei, Bucharest, sector 6, offers brokerage and real estate consulting services, provided by qualified specialists, with more than 10 years experience in real estate transactions. We offer our entire database of offers for sale or rent of studios, 2-room apartments, 3-room apartments, 4-room apartments, houses/villas in Drumul Taberei district, Ghencea district, Brancusi district, Militari district, Crangasi district, in areas such as:
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In general, we deal with Drumul Taberei district, Ghencea district, Brancusi district, Militari district, Crangasi district, but because we receive offers from clients and other neighborhoods, we have also focused on the following areas:
1 Mai (Ion Mihalache), Aviatiei, Aviatorilor, Baneasa, Banu Manta, Bucharest Pipera, Bucurestii Noi, Cismigiu, Chitila, Cotroceni, Domenii Dorobanti, Drumul Sarii, Floreasca, Gara de Nord, Grivitei, Grivite/Basarab, Herastrau, Kiseleff, Lizeanu, Muncii, Nordului, Obor, Otopeni, Piata Dorobanti, Piata Romana, Piata Victoriei, Pipera, Primaverii, Stefan cel Mare, Timpuri Noi, Tei, Titulescu, Turda, Unirii, Universitate, Vitan.
Do you want to sell, rent or buy an apartment, a studio or a home? Nothing easier! Contact us and we will find the offer according to your search criteria!