Obtaining the necessary approval for the sale of agricultural land outside the city limits*
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The procedure regulates the method of obtaining the permit required for the sale of agricultural land outside the built-up area
The permit required for the alienation of agricultural land outside the built-up area may be requested by any person who owns agricultural land outside the built-up area, for the purpose of selling. The individual/legal entity will submit the application for posting the land sale offer (ANNEX 1A form), in order to notify the preemptors, accompanied by the land sale offer (ANNEX 1B form) and the supporting documents.
Within 5 working days from the registration of the application, the sale offer will be posted for 45 working days at the Săliștea Commune Town Hall headquarters and on the Town Hall website.
Within 5 working days from the registration of the sale application, the specialized department within the Town Hall will draw up the list of preemptors, which will be posted at the Town Hall headquarters and on the website.
During the 45 working days from the posting of the sale offer, the Town Hall will register all communications of acceptance of the land sale offer (ANNEX 1E form), submitted by any of the preemptors, accompanied by the following documents:
- copy of ID/ID card for the individual preemptor;
- copy of the certificate issued by the Trade Registry in the case of the legal entity preemptor;
- notarized copies of the supporting documents certifying the status of preemptor (co-ownership documents, lease contract, ownership documents of real estate bordering the land for sale, etc.).
The seller's decision regarding the selection of the preemptor as potential buyer will be registered at the Town Hall.
Within 3 working days from its registration, the specialized department will communicate, where appropriate, to M.A.D.R. or D.A.D.R. AB, the name and identification data of the selected preemptor, potential buyer.
The final permit required for entering into the authentic sale contract by the public notary is issued, as appropriate, by M.A.D.R. or D.A.D.R. AB.
If no preemptor communicates acceptance of the seller's offer, and the sale is free, the specialized department will issue the seller a certificate attesting that all procedural steps regarding the exercise of the right of preemption have been completed and that the land is free for sale, at the price provided in the sale offer. The certificate will be accompanied by a certified copy of the original sale offer.
Required documents:
- application for posting the land sale offer (ANNEX 1A form);
- land sale offer (ANNEX 1B form);
- a photocopy of the ID card of the individual seller or a copy of the passport for the individual seller with domicile abroad;
- a photocopy certified for conformity by the town hall officials of the ownership document for the land subject to the sale offer (as applicable: sale-purchase contract, donation contract, final and irrevocable civil sentence/decision, title deed, inheritance certificate, exchange contract, liquidation deed of patrimony or any other document provided by law attesting the acquisition of ownership);
- land register extract for information, issued not more than 30 days before posting the offer, accompanied by a cadastral plan extract, if the land is registered in the integrated cadastre and land register system;
- a photocopy of the certificate issued by the trade register or the document based on which it operates, in the case of the legal entity seller;
- in case of representation, notarial power of attorney, in a photocopy certified for conformity by the town hall officials, respectively delegation, decision of the general meeting of associates, decision of the sole associate, decision of the representative of the associative form, as applicable, in original, as well as a photocopy of the ID/ID card/passport of the empowered individual;
- decision of the general meeting of associates, decision of the sole associate, decision of the representative of the associative form, as applicable, in original, indicating the agreement regarding the sale of the asset owned by the company, in the case of the legal entity seller;
- tax attestation certificate issued by the town hall;
- other supporting documents, as applicable.
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In the event of a dispute between the beneficiary and the competent authority, the common law provisions shall apply.
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