Displaying land sale offers private individuals / legal entities*
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The approval necessary for the transfer of agricultural land outside the built-up area can be requested by any person who owns agricultural land outside the built-up area, for the purpose of sale.
For the implementation of the provisions of this procedure, the city halls have the following responsibilities (according to Order No. 719/740/M.57/2333 of May 12, 2014 regarding the approval of the methodological rules for the implementation of Title I of Law No. 17/2014 concerning certain regulatory measures for the sale-purchase of agricultural land situated outside the built-up area and for the amendment of Law No. 268/2001 regarding the privatization of commercial companies that manage public and private state-owned land with agricultural purpose and the establishment of the State Domains Agency):
a) register the seller's application, accompanied by the offer for the sale of agricultural land and the supporting documents provided at art. 5 para. (1) of this annex;
b) establish, organize and manage the Registry for recording offers for the sale of agricultural land situated outside the built-up area, on paper and in electronic format, which must include at least information regarding the identification data of the seller, the area of agricultural land situated outside the built-up area offered for sale, the category of use, sale price, location identified by plot and parcel or, as the case may be, the land location established by the site and delimitation plan drawn up in the 1970 Stereographic national projection system, issued by the territorial office following the receipt of the cadastral documentation for the property for which the approval was requested, the reports drafted for each stage of the procedure, the certificates issued for the free sale of the land, as well as any correspondence related to the implementation of the procedure;
c) post the sale offer at the city hall headquarters and on its own website, as the case may be, in compliance with the provisions of art. 6 para. (2) of the law;
d) based on the information contained in the sale offer, transmit the list of pre-emptors to the central structure or to the territorial structures, as the case may be. The list of pre-emptors is posted at the city hall headquarters, as the case may be, and on its own website;
e) send to the central structure, or to the territorial structures, as the case may be, the file containing all documents provided under letter a);
f) during the period provided by art. 6 para. (2) of the law, register and post at the city hall headquarters and on its own website, as the case may be, all communications of acceptance of the land sale offer, submitted by any of the pre-emptors included in the list of pre-emptors or by any other pre-emptors not included in the list and who prove this status through supporting documents after the list has been prepared, for the purpose of exercising the right of pre-emption for the sale offers in question;
g) transmit to the central structure, or to the territorial structures, as the case may be, copies of all communications of acceptance of the land sale offer, submitted by any of the pre-emptors during the period specified in art. 6 para. (2) of the law, accompanied by the documents provided by art. 6 para. (2) of this annex;
h) adopt the necessary organizational measures for conducting at the city hall headquarters the procedures regarding the exercise of the right of pre-emption and the selection of the potential buyer, with strict compliance with the provisions of art. 7 of the law;
i) draw up the record of findings regarding the conduct of each procedural stage provided for in art. 7 of the law, which records in detail the activities and actions carried out;
j) after the communication and registration of the decision regarding the seller’s selection of the pre-emptor potential buyer, transmit to the central structure or to the territorial structures, as the case may be, the name and identification data of this person, as well as copies of all records provided in letter i);
k) if no pre-emptor communicates acceptance of the seller’s offer, and the sale of the land is free under the law, issue to the seller a certificate attesting that all procedural stages regarding the exercise of the right of pre-emption have been completed and that the land is free for sale, at the price provided in the sale offer and for the area mentioned in the ownership documents or the area resulting from cadastral measurements, recorded in the land register according to Law No. 7/1996 on cadastre and real estate publicity, republished, with subsequent amendments and completions. A copy of this, accompanied by copies of all records provided in letter i), is sent to the central structure or the territorial structures, as the case may be;
l) send the seller the certificate accompanied by a certified copy of the sale offer. A copy of the certificate is sent to the central or territorial structure, as the case may be.
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In case of a dispute between the beneficiary and the competent authority, the provisions of common law apply.
*Competent entities
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