City Hall of Marasesti*

The procedure mentions the documents required for issuing the Fiscal Attestation Certificate for legal entities.

The procedure mentions the documents required for the issuance of the Fiscal Attestation Certificate for individuals.

Goods that are provided by law or that by their nature can be exploited for the collection of natural, civil, or industrial fruits and products may be subject to concession.

The public property concession contract is that written contract by which a public authority, called the grantor, transfers, for a determined period, to a person called the concessionaire, who acts at their own risk and responsibility, the right and obligation to exploit a public property good, in exchange for a royalty.

The UAT has the quality of grantor for the public property goods, being represented in this respect by the mayor.

The sale of goods and land from the private domain of the administrative territorial unit is carried out with respect for the principles of transparency in activity, equality of citizens, impartiality and confidentiality of acts and documents in public administration and the legislation in the field.

The Local Council decides on the purchase of certain goods or the sale of goods that are part of the private domain, of local interest, under the conditions of the law.

The sale of goods that are part of the private domain is done through public auction, organized under the conditions of the law. By derogation from these provisions, in the case where the Local Council decides the sale of a land that is in the private property of the administrative-territorial unit on which there are constructions, the good-faith builders of these benefit from a preemption right to purchase the land related to the buildings. The sale price is established based on an evaluation report approved by the local council. The owners of these constructions are notified within 15 days about the decision of the Local Council and may express their purchase option within 15 days from receiving the notification.

1.1.1. Planning of operations and actions of the activity:

Alienation by sale-purchase of agricultural lands situated outside the built-up area without observing the right of preemption or without obtaining the required approvals is prohibited and sanctioned with absolute nullity.

The unit has the following attributions:

a) registers the seller's request, accompanied by the offer to sell the agricultural land and supporting documents:

- a photocopy of the ID card/passport of the seller, if a natural person, or a copy of the passport for a natural person seller residing abroad;

- a photocopy certified as compliant by the mayor's office officials of the property deed for the land subject to the sale offer (as the case may be: sale-purchase contract, donation contract, final and irrevocable civil judgment/decision, property title, inheritance certificate, exchange contract, asset liquidation act or any other document provided by law attesting ownership acquisition);

- land book excerpt for information, issued no more than 30 days before posting the offer,

accompanied by the cadastral plan excerpt, if the land for sale is registered in the integrated cadastre and land registry system;

- a photocopy of the company certificate from the trade register or document based on which it carries out its activity, in the case of a legal entity seller;

- in case of representation, notarized power of attorney in a photocopy certified as compliant by officials of the mayor's office, as well as delegation, general meeting decision, sole shareholder’s decision, decision of the association representative, as the case may be, in original, and a photocopy of the authorized person's ID card/passport, if a natural person;

- the decision of the general meeting of associates, the sole shareholder’s decision, the decision of the representative of the associative form, as the case may be, in original, showing agreement regarding the sale of the asset belonging to the company, in the case of a legal entity seller;

- fiscal attestation certificate issued by the mayor's office;

- other supporting documents, as appropriate.

b) posts the sales offer at the mayor's office headquarters and on its website, as appropriate;

c) notifies preemptors, within 10 days, by sending notification regarding the registration of the sales offer to their domicile, residence or headquarters, as the case may be; notification is sent by post and/or by email, with delivery confirmation;

d) posts the notification for preemptors at the mayor's office or on the mayor's office website, in compliance with legal provisions on personal data protection, if the holders of the right of preemption from the preemptors list cannot be contacted;

e) notifies the local public authority bordering the land that is the object of the sale, if it is located at the boundary of two administrative areas, to notify the right holders of preemption;

f) send to the central structure for land over 30 ha, or to the territorial structures for land up to and including 30 ha, as the case may be, as well as to A.D.S., within 5 days, the file regarding the sales request and offer for agricultural land, together with supporting documents, accompanied by the minutes of posting the offer, the preemptors list, as well as documents issued in the exercise of legal duties;

g) registers and displays at the mayor's office headquarters and on its website, as the case may be, all communications of acceptance of the land sale offer, filed by any of the preemptors included in the preemptors list or by any other preemptors not included in the list who later prove their status with supporting documents, in order to exercise the right of preemption for the respective sale offer;

h) forward to the central structure, and to the territorial structures, as the case may be, in copy, all communications of acceptance of the land sale offer, filed by any of the preemptors, within 3 days;

i) forward to the seller the communications of acceptance of the sale offer and/or purchase offers submitted by potential buyers, registered at the city hall;

j) adopt the necessary organizational measures for holding at the mayor's office the procedures related to the exercise of the right of preemption and selection of the preemptor from the same rank, as well as for selecting the potential buyer, in compliance with legal provisions;

k) send to the central structure, or to territorial structures, as the case may be, the decision regarding the choice by the seller of the preemptor of the same rank;

l) draw up the minutes for the procedural stage of exercising the right of preemption provided by law, detailing the activities and actions carried out;

m) if no acceptance communications have been registered, post, upon expiration of the legal term, the minutes of closing the procedural stage regarding the exercise of the right of preemption, noting that requests may be submitted by potential buyers, accompanied by supporting documents;

n) register the potential buyer's request, accompanied by supporting documents;

o) send to the central structure for land over 30 ha, or to the territorial structures for land up to and including 30 ha, as the case may be, in copies certified as compliant by the mayor's office staff, the purchase offers submitted by potential buyers registered at the city hall;

p) send to the seller the purchase offers submitted by potential buyers, in copy, registered

at the mayor's office;

q) send to the central structure, or territorial structures, as the case, may, the decision regarding the seller's choice of potential buyer;

r) issue minutes of annulment of the procedure if the seller submits a request to withdraw the sale offer; the minutes are forwarded, in copy, by mail or email to the central or territorial structure, as the case may be, as well as to A.D.S.;

s) issue minutes of procedure finalization, if no purchase offers are registered;

t) establish, organize and manage the Register of sale offers for agricultural lands located outside the built-up area, on paper support and in electronic format, which includes at least information on the seller's identification, the area of agricultural land located in extravilan offered for sale, their use category, sale price, location identified by block and plot, or, as appropriate, the location established by the location and boundary plan prepared in the national Stereographic 1970 projection system, issued by the territorial office as a result of the cadastral documentation reception for the property for which the notice was requested, the minutes drawn up for each procedure stage, the final minutes of the procedure, and the buyer's identification and transfer of ownership documents;

u) transmit, upon request of the central/territorial structure, data and information entered in the register, on paper or electronically.

Alienation by sale of agricultural lands located in extravilan shall be done in compliance with the substantive and formal requirements provided for by Law no. 287/2009 on the Civil Code, republished, with subsequent amendments, and the right of preemption, at a price and on equal terms as those provided in the offer, in the following order:

a) first rank preemptors: co-owners, spouses, relatives up to the third degree and in-laws up to the third degree, in this order;

b) second rank preemptors: owners of agricultural investments for orchards, vineyards, hops, exclusive private irrigation, on the lands subject to the sales offers and/or tenants. If the lands subject to sale have agricultural investments for orchards, vineyards, hops, and irrigation, owners of these investments have priority to buy these lands;

c) third rank preemptors: owners and/or tenants of agricultural lands adjacent to the land being sold;

d) fourth rank preemptors: young farmers;

e) fifth rank preemptors: the Academy of Agricultural and Forestry Sciences «Gheorghe Ionescu-Șișești» and the research-development units in the fields of agriculture, forestry, and food industry, as well as educational institutions with an agricultural profile, for the purpose of purchasing agricultural lands located outside the built-up area strictly necessary for agricultural research, located in the vicinity of lots already owned by them;

f) sixth rank preemptors: natural persons with domicile/residence located in the administrative-territorial units where the land is located or in the neighboring administrative-territorial units;

g) seventh rank preemptors: the Romanian state, through the State Domain Agency.

The lessee who wishes to purchase the leased agricultural land located outside the built-up area must have this status based on a valid lease agreement concluded and registered at least one year before the date of posting the sale offer at the mayor's office and meet the following conditions:

a) in the case of lessees who are natural persons, to prove domicile/residence located on the national territory for a period of 5 years prior to registration of the sale offer for agricultural lands located outside the built-up area;

b) in the case of lessees who are legal entities and associations, who are natural persons, to prove domicile/residence located on the national territory for a period of 5 years prior to registration of the sale offer for agricultural lands located outside the built-up area;

c) in the case of lessee legal entities with shareholding another legal entity, the shareholders/associates who hold control of the company must prove domicile/residence/headquarters or secondary seat located on

the national territory established for a period of 5 years prior to the registration of the sale offer of agricultural lands located outside the built-up area.

In the case of exercising the right of preemption by young farmers, priority to purchase the land for sale has the young farmer who carries out zootechnical activities, provided that domicile/residence is established on the national territory for at least one year prior to registration of the sale offer for agricultural lands outside the built-up area.

In the case of exercising the right of preemption by the owners of adjacent agricultural lands, priority to purchase agricultural land located outside the built-up area is established as follows:

a) the owner of adjacent agricultural land with the largest common border with the land offered for sale;

b) if the land offered for sale has two large sides or all sides equal, priority to purchase has the neighboring agricultural land owner who is a young farmer and has domicile/residence located on the national territory for a period of at least one year prior to registration of the sale offer for agricultural lands outside the built-up area;

c) owners of neighboring agricultural land who have common border with the land subject to the sale offer, in descending order of the length of the common border with the land in question;

d) if the large side or one of the equal sides of the land subject to the offer for sale has a common border with a land situated within another administrative-territorial unit, priority to purchase belongs to the owner of neighboring agricultural land with domicile/residence within the administrative-territorial unit where the land is located.

Alienation by sale of agricultural lands located outside the built-up area that are situated on classified archaeological sites shall be done according to the provisions of Law no. 422/2001 on the protection of historical monuments, republished, with subsequent amendments and completions.

The request and use of the land book excerpt or, as provided by law, the charge certificate and valid cadastral documentation upon conclusion of transfer of ownership contracts regarding real estate and other real rights constitutes full proof of the good faith of both parties to the contract, as well as before the public notary regarding the quality of the seller as owner of the asset subject to sale according to the land book description.

If the holders of the right of preemption do not express their intention to buy the land, alienation by sale of agricultural land located outside the built-up area may be done to natural persons provided the following cumulative conditions are met:

a) to have domicile/residence situated on the national territory for a period of at least 5 years prior to registration of the sale offer;

b) to carry out agricultural activities on the national territory for a period of at least 5 years, prior to registration of this offer;

c) to be registered with the Romanian fiscal authorities for at least 5 years prior to registration of the proposal to sell agricultural lands located outside the built-up area.

If the holders of the right of preemption do not express their intention to buy the land, alienation by sale of agricultural land located outside the built-up area may also be done to legal entities provided the following cumulative conditions are met:

a) to have their registered office and/or secondary office situated on the national territory for a period of at least 5 years prior to registration of the sale offer;

b) to carry out agricultural activities on the national territory for a period of at least 5 years prior to registration of the proposal to sell agricultural lands located outside the built-up area;

c) to submit documents showing that, out of the total income of the last 5 fiscal years, at least 75% is income from agricultural activities, as provided by Law no. 227/2015 on the Tax Code, with subsequent amendments and completions, classified according to the CAEN code by order of the Minister of Agriculture and Rural Development;

d) the associate/shareholder, natural person, having control over the company, to have domicile situated on

the national territory for at least 5 years prior to registration of the proposal to sell agricultural lands located outside the built-up area;

e) if the associates/shareholders who control the company are other legal entities, the associates/shareholders who control the company must prove domicile/residence/registered office/secondary seat situated on the national territory for at least 5 years prior to registration of the proposal to sell agricultural lands located outside the built-up area.

If the right of preemption is not exercised, potential buyers may submit a file with supporting documents to the city hall within 30 days from the expiration of the 45 working day period.

If the right of preemption is not exercised and none of the potential buyers, within the legal term, meets the conditions to be able to buy the agricultural land located outside the built-up area, its alienation by sale may be made to any natural or legal person.

Agricultural lands located outside the built-up area may be alienated through sale before the lapse of 8 years from purchase, with the obligation to pay by the sellers a tax of 80% applied to the positive difference between the value of the agricultural land at the date of sale and the value at the date of purchase, established according to the reference value set by the appraisal carried out by the notary association or the minimum value set by the market study conducted by the notary association, as

The notarial succession procedure is initiated at the request of any interested person, as well as the general secretary of the locality in whose jurisdiction the deceased's assets were located at the time of the opening of the inheritance.

1. Description of the procedure

1.1. General aspects:

The lease contract is regulated by Law no. 287/2009 regarding the Civil Code, republished, with subsequent amendments and completions, and is a contract by which one of the parties, called the lessor, transfers to the other party, called the lessee, agricultural goods for a determined/undetermined period, in exchange for a rent that can be paid in money or in products/fruits.

1.2. Documents used:

1.2.1. List and origin of documents:

- Lease contracts;

- Identity documents of the lessor and the lessee;

- Civil status documents;

- Ownership titles;

- Special register for the registration of lease contracts.

1.2.2. Content and roleof documents:

- The documents used in the elaboration of this procedure serve the purpose of regulating the manner of implementation of the processed activity;

- Access, for each compartment, to the applicable legislation is made through the software to which the institution's employees have access.

1.2.3. Document flow:

a) Receiving correspondence visaed by management;

b) Registration of Lease Contracts in the special Register;

c) Mentioning the Lease Contract in the agricultural register;

d) Issuing the Lease Contract to the lessee and the lessor.

1.3. Necessary resources:

1.3.1. Material resources:

- Computer;

- Printer;

- Copier;

- Consumables (ink/toner);

- Xerox paper;

- Folders.

1.3.2. Human resources:

- Head of the institution;

- The compartments listed in the institution's organizational chart.

1.3.3. Financial resources:

- According to the approved Budget of the Institution.

1.4. Workflow:

1.4.1. Planning the operations and actions of the activity:

1. The deadlines provided by law regarding answers to petitioners or other institutions will be respected;

2. The deadlines set by law for the elaboration of documents will be respected;

3. The documents underlying the drawing up of the Lease Contract will be thoroughly checked;

4. Registration of the Lease Contract shall be made in the special register of lease contracts kept by the General Secretary of the Local Council;

5. The Lease Contract will be operated in the agricultural register;

6. One copy of the Lease Contract, visaed according to the legislation in force, will be sent to both lessee and lessor.

1.4.2. Unfolding operations and actions of the activity:

Any agricultural assets may be leased, such as:

a) land with agricultural destination, namely productive agricultural land - arable, vineyards, orchards, viticultural and fruit nurseries, fruit shrubs, hop and mulberry plantations, wooded pastures, land occupied by agrozootechnical constructions and installations, fish farms and land improvement arrangements, technological roads, platforms and storage spaces serving agricultural production needs, and unproductive land that can be arranged and used for agricultural production;

b) animals, constructions of any kind, machines, equipment, and other such goods intended for agricultural exploitation.

By lease is meant the contract concluded between owner, usufructuary (person holding the right of usufruct over a good) or other legal holder of agricultural goods,called lessor, and lessee, regarding the exploitation of the agricultural goods for a determined/undetermined period and for a price established by the parties, called rent.

If the period is not determined, the lease is considered to be made for the entire period necessary for harvesting the fruits that the agricultural good is to produce in the agricultural year in which the contract is concluded.

The lease contract must be concluded in written form, under penalty of absolute nullity. Under penalty of a civil fine established by the court for each day of delay, the lessee must submit a copy of the contract to the Local Council within whose territorial jurisdiction the leased agricultural goods are located, to be registered in a special register kept by the secretary of the Local Council.

When the leased goods are located in the territorial jurisdiction of several Local Councils, a copy of the contract is submitted to each Local Council within whose territorial jurisdiction the leased goods are located.

All expenses related to concluding, registering, and publishing the lease contract are borne by the lessee.

Lease contracts concluded in authentic form, as well as those registered with the Local Council, constitute, according to the law, enforceable titles for the payment of the rent at the terms and in the ways established in the contract.

Lease contracts will be received for their registration in the Special Register, by the person with delegated duties, concluded in written form, in three copies, submitted by the Lessee.

For registration at the Local Council, the 3 copies of the lease contract will be accompanied by the following documents:

a) For contracts concluded by a lessor who has the status either as holder of the right of ownership for which a valid ownership title exists, or as the sole heir listed in this capacity in a title of ownership issued after a deceased person, it is sufficient to present the title of ownership, the identity document for the lessor, respectively for the lessee, and the death certificate of the deceased listed in the ownership title.

b) For contracts concluded by a lessor who has the status either as co-owner, along with other co-owners, of an ownership right for which a valid ownership title has been issued, or as heir together with other heirs listed in an ownership title issued after a deceased person, it will be attached:

b.1. the ownership title, with the area listed that is the subject of the lease;

b.2. the identity document for the lessor, respectively for the lessee;

b.3. the death certificate of the deceased listed in the ownership title.

c) For contracts concluded by lessors representing all co-owners listed in a valid issued ownership title, or all heirs listed in an ownership title issued after a deceased person, it is sufficient to present the ownership title and civil status documents for the lessors, respectively, identity documents for lessor and lessee.

The proof of legal or testamentary heir status, as well as the proof of the right of ownership of the heirs over the goods in the succession mass according to each one's share, is established by the inheritance certificate issued by the public notary, according to Art. 1.132 of the Civil Code, according to which

“The inheritance certificate is issued by the public notary and includes findings regarding the succession patrimony, the number and quality of the heirs and the shares they are entitled to from this patrimony, as well as other mentions stipulated by law.”

d) For contracts concluded by lessors who are people other than those listed in an ownership title, (in the situation where the inheritance procedure has not been completed by issuing a certificate of inheritance), the potential lessor must submit the following documents:

d.1. the ownership title, with the area listed that is the subject of the lease;

d.2. civil status documents that prove that the conditions provided by law for inheritance are met;

d.3. the death certificate of the deceased listed in the ownership title;

d.4. the identity document for the lessor, respectively for the lessee.

The Lease contract is concluded with a single successor, who, with the civil status documents presented, proves that he meets the legal conditions to inherit, and the ownership title of the deceased from which appears the area to be leased.

The conclusion of a lease contract has, for the successor lessor, the value of tacit acceptance of the inheritance, so that the obligations are his regarding the payment of the agricultural tax on the leased land, as well as the payment of the tax on the rent paid by the lessee.

The other successors of the deceased registered in the ownership title have no obligation since they have not yet exercised their right of inheritance option.

For the application of the provisions of Law no. 9/2023 for the amendment and completion of the Government Emergency Ordinance no. 41/2016 regarding the establishment of some simplification measures at the level of the central public administration and for the modification and completion of some normative acts, in case the applicants do not present paper copies of the necessary documents, the City Hall is obliged to provide free photocopying of these documents.

The lease contract will include at least the following:

a. contracting parties;

b. object of the contract;

c. purpose of the lease;

d. duration of the contract;

e. level of rent, methods and deadlines for payment;

f. rights and obligations of the parties;

g. responsibilities of each party;

h. provisions regarding termination of the contract;

i. other clauses agreed by the parties and permitted by law.

Lease contracts will be subject to verification, as follows:

a) The Secretary of the UAT will check whether the forwarding address/application submitted by the Lessee has been registered in the General Register of entry-exit, the lease contracts are attached in three original copies each and are accompanied by the necessary documents. If the documentation is complete and correctly drawn up, the agricultural agent will be asked to check whether, in accordance with the data entered in the agricultural registers, the lessor is the owner or user of the land subject to the lease. If the lessor is a user of the land, the tax agent will be asked to check whether the lessor is registered as a generator of agricultural income.

b) The agricultural agent, as the person responsible for completing and keeping the agricultural registers up to date, checks whether the land subject to the lease is registered in the agricultural register and whether the lessor is the owner or user of the land subject to the lease. After the checks, a Report will be drawn up under signature, with the findings, which will be presented to the Secretary of the UAT.

c) The tax agent checks whether the lessor is registered as owner or user of the land, in which case he will also check if he is registered as a generator of agricultural income. After the checks, a Report will be drawn up under signature, with the findings, which will also specify if there are any arrears in the payment of the land tax/fee, to be presented to the Secretary of the UAT.

If irregularities are found during the checks, the Secretary of the UAT will make a report to the Mayor, accompanied by all the documentation submitted by the Lessee and the reports received from the Agricultural Register department and the Financial-accounting department, in which he will propose the return of the documentation to the Lessee for completion, indicating what is missing from the documentation.

If no irregularities are found, the Secretary of the UAT will proceed to register the three original copies of the lease contracts in the special register of lease contracts, signing and stamping them with the Local Council stamp. One copy of the lease contract will remain at the town hall, and one of each of the other two will be sent to the lessor and the lessee respectively.

Rights and obligations of the parties:

The rights and obligations of the lessor are as follows:

a) to hand over the agricultural land to the lessee on time and in the conditions stipulated in the contract;

b) to guarantee the lessee against total or partial eviction, as well as hidden defects of the thing being leased;

c) not to take any measures regarding the exploitation of the leased land that may disturb the lessee;

d) to check at any time the way the lessee exploits the leased land. During the inspection, the lessor will be accompanied by the lessee or an agent thereof;

e) in case of disturbances by third parties in the normal exploitation of the land, to act together with the lessee, according to the law, for the cessation of the disturbances;

f) to pay the taxes and duties owed for the leased lands;

g) to notify in writing the lessee of the intention to renew or not the contract at least one year before the lease contract expires;

h) to receive, upon termination of the contract, the land which was the subject of this contract.

The rights and obligations of the lessee are as follows:

a) to receive the leased land on time and in the conditions established in the contract;

b) to use the leased land for the purpose of agricultural exploitation, under the conditions established by the contract;

c) to maintain the production potential and not to degrade the leased land;

d) not to change the use category of the leased land without the written consent of the lessor;

e) to pay the rent on time and in the conditions established in the contract;

f) to ask for the lessor's consent for making any investments on the land;

g) to bear the closing, registration, and publicity fees for the lease contract;

h) for the recovery of damages caused by natural disasters, to conclude insurance contracts for the crops established on the leased land;

i) to inform the lessor and ask him to intervene in cases where he is disturbed by third parties in the exploitation of the leased land;

j) to notify in writing the lessor of the intention to renew or not the contract at least one year before the expiry of the lease contract;

k) upon termination of the contract, has the obligation to return the leased land in the state in which he received it from the lessor;

l) to pay the taxes due on the income obtained from the exploitation of the leased land;

m) has the right of preemption in the event of the sale by the lessor of the land provided for in this contract, which is exercised in accordance with art. 1.730-1.739 of the Civil Code.

All documents, transmitted and/or issued by the parties, containing personal data are confidential, being processed in compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

Changing the use category

The lessee may change the use category of the leased land only with the prior written consent of the owner and in compliance with the legal provisions in force.

Insurance of leased goods

The lessee is required, even in the absence of an express provision, to insure the agricultural goods against the risk of crop loss or animal death due to natural disasters.

Reduction of the rent set in money in case of loss of crop

When, during the lease, the entire crop of a year or at least half of it has been fortuitously lost, the lessee may request a proportional reduction of the rent if it was set in a certain quantity of agricultural products, a determined sum of money, or a determinable sum of money based on the value of a certain quantity of agricultural products.

If the lease is for several years, the reduction shall only be established at the end of the lease, when a compensation is made for the crops of all the years of use.

Exceptions

The lessee cannot obtain a reduction of the rent if the loss of the crop occurred after it had been harvested.

The reduction of the rent cannot be requested either when the cause of the loss was known at the date of signing the contract.

Risk of spoiled fruits where the rent is paid in fruits

When the rent is set as a share of fruits or in a sum of money determinable based on the value of such a share, the fortuitous loss, in whole or in part, of the fruits to be shared is borne proportionally and does not give either party any right of action for damages against the other.

However, if the loss has occurred after picking the fruits and one party culpably delays their delivery or receipt, the share due to that party is reduced by the lost fruits, and the share of the other party is considered as if there was no loss, unless the fruits would have perished even if delivery and receipt of the fruits were made on time.

Payment of the rent in fruits

When the rent is paid in fruits, in the absence of another deadline provided in the contract, the lessee is de jure in delay for their delivery from the date of harvest, and the lessor is de jure in delay for receipt from the date on which he was notified in writing by the lessee.

Cession of the lease

With the written consent of the lessor, the lessee may assign the lease contract to his/her spouse who participates in the exploitation of the leased goods or to his/her adult descendants.

Prohibition of sublease

Farming offices are not permitted. Total or partial subleasing is prohibited, under penalty of absolute nullity.

Renewal of the lease

The lease contract is renewed by law, for the same duration, if neither party notifies the counterparty, in writing, of its refusal at least 6 months before the expiry of the term, and in the case of land with an agricultural destination, at least one year before. If the duration of the lease contract is one year or less, the previous deadlines for refusing renewal are reduced by half.

Right of preemption

The lessee has preemption right over the leased agricultural goods, which is exercised according to art. 1.730-1.739 of the Civil Code.

Special cases of termination of the contract

The lease contract terminates by death, incapacity, or bankruptcy of the lessee.

1.4.3. Valuation of the results of the activity:

The results of the activity will be valued by all compartments involved in the Institution

1.1.

1.1.1. Planning of operations and actions of the activity:

For issuingbuilding/demolition permits,thespecializedstructureswithinthe issuing authorities have the following specific tasks:

a) checking the content of the submitted documents (documentation), in terms of presenting all the documents required for the authorization, according to legal provisions;

b) checking the way in which the conditions from the permits and agreements already obtained by the applicant, including those contained in the point of view/administrative act issued by the competent authority for environmental protection, have been incorporated into the technical documentation - D.T. (technical documentation);

c) checking the content of the submitted documents (documentation), in terms of the proposed solutions’ compliance with the provisions of the approved urban planning documentation and the urban planning certificate;

d) writing and presenting for signature the building/demolition permits;

e) the issuance by the specialized structures within the County Council of the permits requested by the mayor of the administrative-territorial unit in the situation of the non-existence of such specialized structures at the City Hall level;

f) ensuring the transmission to the mayor, for information, of the acts issued, in the case where the issuer is the president of the County Council, as well as the central public administration authorities competent according to the Law, except for those provided in art. 43 letter a) of Law no. 50/1991 on the authorization of construction works execution.

1.1.2. The course of operations and actions of the activity:

The applicant for the building/demolition permit can be any natural person or legal entity who owns a real right over the property — land and/or construction(s) —, identified by cadastral number, if the law does not provide otherwise, attesting their right to carry out construction works. The request for the issuance of a building/demolition permit can be made either directly by the holder/holders of the title over the property or by investors, or through an authorized representative, designated according to the law, who can be a consultant, designer, any other natural person, or a legal entity authorized which has in its activity management or design of construction works.

Submission of documentation

For the purpose of obtaining the building/demolition permit, the applicant must apply to the local public administration authority that issued the urban planning certificate, which is obliged to inform the applicant of the amount of the issuance fee for the permit, calculated according to the provisions of Law no. 227/2015 regarding the Fiscal Code, as amended and supplemented, its enforcement rules, as well as

as other legal fees, as applicable. After payment of the required fee/fees, the applicant shall submit the documentation containing all the specific documents, accompanied by a copy of the payment document for the fee/fees.

The submitted documentation is received and registered at the counter of the competent public administration authority to issue the building permit.

The documentation for authorizing the execution of construction works prepared in accordance with the applicable legal provisions, on the basis and with observance of the provisions of approved urban planning documentation, according to law, besides the request for the issuance of the building permit, shall contain, mandatorily, the following documents:

a) urban certificate, in copy;

b) proof of title over the property, land and/or buildings, in notarized copy, or, as the case may be, the updated cadastral plan extract and the updated Land Registry information extract, if the law does not provide otherwise;

c) technical documentation - D.T., in two copies, one copy to be archived by the issuer and one copy approved as unchangeable returned to the beneficiary;

d) permits, agreements, and the point of view/administrative act of the competent authority for environmental protection, requested through the urban certificate, in copy;

e) specialist studies, the technical justification note or technical expertise report for intervention works on existing constructions, the energy audit report, the expertise report of the technical systems, the energy performance certificate of the building, for intervention works for increasing the energy performance of buildings and/or for major renovation works, as well as the study on the possibility of installing/using alternative systems of energy generation, in cases provided for by legislation regarding the energy performance of buildings and to the extent that the energy audit of the building determines that this is technically, functionally, economically and environmentally possible, requested by the urban certificate, under the law, one copy.

Verification of the content of the submitted documentation

The specialized structures organized within the City Hall or the person responsible for urban planning, territory planning, and authorization of construction works, competent to issue building permits, are obliged to check if the documentation is complete, finding out if:

a) the application is addressed to the competent local public administration authority to issue the permit;

b) the application form and the annex are filled in correctly;

c) the urban certificate is valid, and the purpose of its issuance coincides with the object of the authorization request;

d) there is proof of the applicant's title over the property, land and/or construction(s), as well as, as applicable, of the updated cadastral plan extract and the updated Land Registry information extract, unless the law provides otherwise;

e) the technical documentation - D.T. is complete and in accordance with the provisions of Annex no. 1 to the Law and these methodological norms;

f) there are favorable and valid permits and agreements at the request time and, as applicable, studies required by the urban certificate;

g) there are the project verification reports and, where applicable, the technical justification note/technical expertise report, the energy audit report, the expertise report of the technical systems, the energy performance certificate of the building, as well as the study on the possibility of installing/using alternative energy systems where applicable;

h) proof is made of payment of the legal fees required for issuance of the building/demolition permit;

i) there is a stamp issued by the Order of Architects of Romania on written and drawn documents, confirming the right of the certified architect/conductor architect/urban planner with signature right

similar to the conductor architect/interior architect with signature right, as the case may be, to draft and sign the documentation, under the legal provisions.

If, following the analysis of the submitted documentation, it is found that the technical documentation -

D.T. is incomplete or requires technical clarifications, this will be notified in writing to the applicant within 5 calendar days from the date of registration, mentioning the elements necessary for completion. As of the date of notification, the legal term of 30 calendar days for issuing the building/demolition permit is postponed by the number of days necessary for the applicant to prepare, submit and register the modifications/supplements made to the initial technical documentation following the notification, provided they are submitted within a maximum period of 3 months from receiving the notification. If the documentation is not completed within the above deadline, it may be returned to the applicant upon request, according to the law.

Technical examination and approval of the documentation

The technical examination of the submitted documentation targets the technical documentation - D.T. for authorizing the execution of construction works (D.T.A.C.+ D.T.O.E.) or for demolition (D.T.A.D.+ D.T.O.E.),as appropriate, including the data entered in the form annex, and consists of checking how the following are complied with:

a) the data and conditionsrequired by the urban planning certificate;

b) the regulations regarding the preparation and content of the project submitted for authorization;

c) the competencies of designers for signing the documentation;

d) the checking of the projects by certified project checkers, to ensure the quality requirements of the project;

e) the incorporation of the conditions from the permits, agreements, point of view of the competent authority for environmental protection, obtained, as well as from the studies required by the urban certificate.

When the submitted documentation is compliant with the requirements, the documentation is promoted for issuance of the building/demolition permit.

Drafting the building/demolition permit

The building/demolition permit is drafted by the public servant with duties for this purpose in the specialized structure of the competent local public administration, according to the law, or by the public servant with delegated duties in the fields of territory planning, urban planning, and authorization of construction works within the City Hall, if there is no public servant in the specialized structure with proper training in these fields, by completing the “Form – Building/Demolition Permit” in accordance with the submitted documentation.

By means of the building/demolition permit, the issuer may impose certain conditions for the period of execution of authorized works, resulting from the application of general and local rules regarding:

a) the conditions for the use of the public domain (access to the site area, equipment stops, street closures, temporary occupation of public spaces, temporary passages or excavations in public spaces, deviation of vehicular or pedestrian traffic, traffic protection, execution of temporary roads, use of advertising elements, etc.);

b) the measures to protect neighboring private properties;

c) the sanitary and social protection measures when seasonal workers are accommodated (construction of barracks, social groups, sanitation groups, all types of amenities for a larger number of workers, payment of additional services provided by existing units, etc.);

d) fire safety measures.

In the case of authorizing the execution of works for temporary constructions, in point 3 of the “Form - BUILDING/DEMOLITION PERMIT,” the issuer has the obligation to make mention regarding the obligations arising from “the temporary character and the limited existence duration until ”,

including specifications regarding the date of termination of the operation of the authorized objective.

If the standard form does not allow for all necessary mentions, these can be inserted into an annex to the permit (with the express mention that this is an integral part of the building/demolition permit).

The technical documentation - D.T. (D.T.A.C., D.T.A.D., D.T.O.E., as appropriate), constitutes the witness document of the authorization, in which case it is stamped with “APPROVED WITHOUT MODIFICATION,” provided for in “Annex no. 5 - Model APPROVED WITHOUT MODIFICATION Stamp,” on all written and drawn components. One copy is returned to the applicant together with the permit, and the second copy remains in the issuer’s archive.

Signing the building/demolition permit

The building/demolition permit is signed by the mayor, the secretary and the chief architect, or the person responsible for territory planning and urban planning from the specialized apparatus of the issuing public administration authority. The responsibility for issuing the act rests with all its signatories, according to the duties established in accordance with the legal provisions in force.

The absence of a signature leads to the nullity of the act.

If signatories are absent, building/demolition permits are signed by their lawful substitutes, empowered for this purpose, according to the legal provisions.

Registration of the building/demolition permit

The issuer of the building/demolition permit is obliged to establish a register of issued building/demolition permits, in which they are recorded in the order of issuance, the permit number corresponding to the registration number of the application.

The Register of evidence of building/demolition permits records data regarding: property address, cadastralnumber and Land Book number, applicant’s name and surname, personal numeric code and address, title of ownership over the property, authorized works, value of authorized works, execution duration and validity period of the permit.

Issuance of the building/demolition permit

The building/demolition permit is issued to the applicant, directly or by post (with a registered letter with acknowledgment of receipt) within a maximum of 30 calendar days from the date of submission of complete documentation. By exception, for buildings representing annexes to agricultural holdings, the period for issuing the building permit is 15 days from the registration date of the application.

The building permit is issued if the conditions required by this law are cumulatively fulfilled. The issuing authority of the permit is not responsible for any later damages caused by the existence, at the moment of issuance of the act, of pending court litigations regarding the property - land and/or construction(s) -, the responsibility belongs to the applicant.

If the building/demolition permit is issued by the mayor based on the opinion of the specialized structures of the County Council, a copy will be sent for information to the County Council.

According to the law, no provisional permits are issued. In case of issuing a building permit for temporary constructions, it is mandatory to specify the term for which the provisional status is granted, as well as the consequences and measures resulting from exceeding this term.

Validity of the building/demolition permit

By the building/demolition permitthe issuersetsand records in the form:

a) the validity period of the building/demolition permit;

b) the duration of work execution.

The validity of the building/demolition permit consists of:

a) the period of up to 24 months from the date of issuance, during which the applicant has the right to start the authorized works;

b) in case of fulfilling the condition specified in letter a), from the announced start date of the works, the validity of the permit extends for the entire duration of the execution of the works provided for in the permit.

The execution period of the works, which represents the maximum physical time necessary for the actual realization of authorized construction works, is determined by the issuer of the building/demolition permit, based on the data entered in the application - respectively in its annex - according to the provisions of the technical documentation - D.T. for authorizing the execution of building works - D.T.A.C. or demolition - D.T.A.D., as applicable. Depending on public interest and the degree of complexity of the works, the issuer of the building/demolition permit may reduce the duration of works execution compared to that requested in the documentation, with consultation of the investor/beneficiary, project manager, designer, or consultant, as appropriate.

In case of change of investor during the execution and before the completion of the works, the validity of the building/demolition permit is maintained, provided that the provisions thereof are still observed, as well as registration in the Land Registry of the changes regarding real property rights. In this case, the permit together with the other documents - permits, agreements, documentation, etc. -, which formed the basis for its issuance, belong by right to the new investor (owner).

If during the execution of the works and only during the validity period of the building permit, changes to the works authorized occur which require their modification, the holder is obliged to request a new building permit, according to the provisions of this law.

For obtaining a new building permit, the applicant will submit new technical documentation - D.T. prepared under the modifications that occurred, following which the competent local public administration authority will decide, as appropriate:

a) issuance of the new building permit, if the works corresponding to the modifications fit within the limits of the administrative act of the competent authority for environmental protection, as well as the permits and agreements obtained for the initial building permit;

b) resumption of the authorization procedure under this law, if the works corresponding to the modifications exceed the limits of the administrative act of the competent authority for environmental protection, as well as those of the permits and agreements obtained for the initial building permit.

Extension of the validity of the building/demolition permit

If the construction works have not been started or executed in full within the deadlines established by the building/demolition permit, the investor may request the issuing authority to extend the validity of the permit.

The extension of the validity of the building/demolition permit must be requested at least 45 working days before the expiry of the validity term and may be granted, according to the law, only once for up to 24 months.

The decision regarding the granting of the extension of the validity of the building/demolition permit is the responsibility of the issuer, based on the examination of the request in relation to:

a) public interest;

b) the complexity of the authorized works;

c) progress of the works or reasons that led to failure to meet the deadlines set in the permit.

The extension of the validity of the building/demolition permit shall be entered in the original of the initially issued permit, without requiring the presentation of other documentation. In this case, the issuer is obliged to communicate its decision to the applicant within a maximum of 15 days from the submission of the application.

Loss of validity of the building/demolition permit Issuance of a new permit.

The building/demolition permit loses validity by:

a) failure to start the works within the validity period set by the building/demolition permit or failure to finish them within the execution duration set by the permit, if extension of the validity was not requested;

b) failure to finish the works within the period granted as an extension of the permit validity;

c) modification of the conditions, data, or content of the documentation which formed the basis for the issuance of the permit.

In the above cases, issuance of a new building/demolition permit is necessary.

In case of failure to complete the works within the period granted by the extension of the building/demolition permit validity, continuing the unfinished works will only be possible after issuing, under the law, a new building/demolition permit corresponding to the physical stage of the works completed at the date of the application, for the remaining construction works, according to the project and the permits that formed the basis of the initial permit. In this situation, the authorization fees will be calculated according to the value of the works remaining to be executed.

If the validity period of the permit has expired – including that granted by the initial extension –, for the issuance of a new building permit for completing the remaining works, the validity of the urban planning certificate, as well as of the permits and agreements issued for the initial permit is kept, provided the construction is carried out in accordance with the initial permit provisions.

In case of interruption of works execution for a long period (exceeding the validity period of the building/demolition permit), without taking conservation measures, according to current legal regulations regarding quality in construction, continuing the remaining works can only be done after issuance of a new building/demolition permit, which will be based on technical documentation drawn up according to the conclusions of the technical expertise report of the works executed.

Any modification of the technical documentation - D.T. for authorizing the execution of construction works before the start or during the course of the works is subject to resumption of the procedure of

authorization if the modifications do not fit within the limits of the permits, agreements, and the administrative act of the competent authority for environmental protection. Verification of the framing of modifications within the limits of the permits and agreements is carried out by specialized structures of the competent public administration authorities, as well as by certified project checkers according to the law, with the participation of representatives of the approving institutions, while the verification of the modifications within the limits of the administrative act of the competent authority for environmental protection is performed by it according to the provisions of legislation on environmental impact assessment of certain public and private projects.

Ensuring public character

Building/demolition permits together with their annexes, as well as the acts of rejection of the application for authorization for the execution of construction works, are public in nature. For this purpose, they are made available to the public, on the web page of the competent public administration authority, issuer, or by posting at its headquarters. Construction permits for works with a special character, if they are within the regime of classified information, are excepted.

The approvals/agreements issued according to the law remain valid:

a) during the entire period of implementation of investments, both until completion of the execution of the works for which they were issued, and until the date of signing the final reception minutes of the works, provided the start of work is within the term provided by law, except in cases where during the execution of the works new elements are identified which impose the resumption of the approval procedures provided by law, unknown at the date of issuance of the approvals/agreements, as well as and/or modifications to the conditions that formed the basis for their issuance, as appropriate;

b) from the date of submission of the documentation for authorizing the execution of construction works to the competent public administration authority until the date of issuance of the building permit, for approvals/agreements that were in force at the date of submission of that documentation.

Local public administration authorities make public the issuance of the building permit or, as the case may be, the act of rejection of the application for execution of construction works and make the following information available to the public:

a) the contents of the building permit and its attached annexes, including the main conditions that must be met by applicants, or, as the case may be, the contents of the act of rejection of the application for authorizing execution of construction works;

b) key reasons and grounds underlying the issuance of the building permit or, as the case may be, the act of rejection of the application for authorizing the execution of works, following examination of comments and opinions expressed by the public, including information on the public consultation process;

c) a description, as appropriate, of the main measures for avoiding, reducing, and, if possible, compensating for major negative effects, according to the administrative act issued by the competent authority for environmental protection.

Information regarding the main conditions applicants are required to fulfill, as extracted from the contents of the building permit and its annexes, are made public within 30 days at most from the date of issuance of the permit and must mandatorily include the following:

a) the number of the building permit and its date of issue;

b) project title/description;

c) the land occupation percentage – L.O.P. and the land use coefficient – L.U.C.;

d) building setbacks from property boundaries;

e) areas, built at ground level, on each level, developed area;

f) height regime, the number of underground and above-ground levels for each building, and the heights of the buildings, at cornice and maximum for each building;

g) whether the opinion/permit of the competent authority in the field of cultural heritage protection was requested/obtained;

h) whether the opinion/permit of the competent authority in the field of environmental protection was requested/obtained;

i) the site plan; and

j) plans with all elevations.

Together with publication of the information provided in letters a) -h) on the internet page and/or by posting at the headquarters, the date of completion of publicity operations for the content of the building permit will also be recorded and published.

After communicating the building permit, but before starting the works, the beneficiary has the obligation, at their expense, to record in the Land Registry of the property, as well as in a widely circulated newspaper the information provided in letters a) and b), as well as to post on the construction site, in a visible place, the investment identification panel.

The content of the building permit shall be considered to have been brought to the attention of interested social bodies on the date of the last publicity operation, namely the date of completion of the publicity operations by the public authority, the date of the entry recording that ordered registration in the Land Registry, the date of publishing the information in a widely circulated newspaper, or the date of posting the identification panel of the investment, whichever of these dates occurs last.

Regulations according to Law no. 50/1991 regarding the authorization of construction works, with the subsequent amendments

The following works that do not change the resistance structure and/or architectural appearance of constructions can be carried out without a building/demolition permit, except in cases where these are carried out on the categories of constructions provided for in art. 3 para. (1) letter b) of Law no. 50/1991 regarding the authorization of construction works, as amended and supplemented (construction, reconstruction, extension, repair, consolidation, protection, restoration, conservation works, as well as any other works, regardless of their value, to be performed on all categories of historical monuments provided by law - monuments, complexes, sites - including their annexes, identified at the same property - land and/or constructions, at buildings placed in protected monument zones and in protected built zones, established under the law, or at constructions of special architectural or historical value, as established by approved urban planning documentation):

a) repairs to fences, when their shape and the materials they are made of are not changed;

b) repairs to roofs, coverings or terraces, when their shape is not changed;

c) repairs and replacements of interior joinery;

d) repairs and replacements of exterior joinery, if the shape, size of openings and joinery, including in situations where the materials are changed, are maintained;

e) repairs and replacements of stoves and associated chimneys;

f) interior plastering, painting, painting, cladding and other interior finishes, as well as interior flooring;

g) repairs to plastering, painting, painting, exterior cladding and other exterior finishes, if the façade elements and building colors are not changed;

h) repairs or replacements of interior installations, as well as repairs to exterior connections and links, of any kind, associated to constructions, within the property limits;

i) installation of local heating systems and domestic hot water preparation, as well as installation of individual air conditioning and/or consumption metering devices;

j) repair, replacement or rehabilitation works, without changing the quality and architectural shape of façade elements, as follows:

1. sidewalks, retaining walls or access stairs, terraces outside;

2. building envelope energy rehabilitation works and/or roof – if the construction system is not changed, that is, terrace/pitched roof – for individual residential buildings with a maximum of 3 floors;

k) current maintenance, periodic maintenance and current repairs to transport infrastructure and associated installations;

l) non-structural, demountable partition modifications, made of light materials;

m) change of use, only when for its realization no building/demolition works for which law requires the issuance of a building/demolition permit are necessary, complying with the provisions of approved urban planning documentation;

n) installation, modification or replacement of radio support access points with limited coverage area that comply with the physical and technical characteristics established by Commission Implementing Regulation (EU) 2020/1070 of July 20, 2020 specifying the characteristics of radio access points with limited coverage in accordance with art. 57 para. (2) of Directive (EU) 2018/1972 of the European Parliament and Council establishing the European Electronic Communications Code, including the making of connections to the electricity network and connecting the access point to a public electronic communications network.

o) works of intervention for the implementation of necessary measures under current fire prevention and extinguishing legislation, namely the installation of fire prevention and extinguishing systems, for obtaining the fire safety authorization;

p) works for planting forest shelterbelts and afforestation on degraded lands;

q) underground and above-ground funerary works, with the cemetery administration’s approval;

r) works for placing demountable light structures for covering existing sports grounds or intended for conducting cultural events to be made based on a site approval;

s) periodic maintenance and current repairs to the infrastructure of the national water management system with flood protection role, as well as to the associated facilities, including banks and riverbeds of minor courses, with prior notification to administrative-territorial units.

The following works can be carried out without a building/demolition permit if they do not modify the resistance structure and/or architectural appearance of constructions located in protection areas of monuments or in protected built zones, which are not listed or under listing as historical monuments, or if these are not constructions of architectural or historical value established by approved urban planning documentation:

a) repair and/or maintenance works on existing constructions that do not affect the volume, shape of the building and facade decoration, which do not represent extensions, demolitions, or structural modifications:

(i) investigation, research, expertise, conservation, and restoration works of artistic components of constructions, with the approval of the central public authority in the field of cultural heritage protection or its decentralized services, as applicable;

(ii) minor repair works to exterior finishes providing that the material, color and texture of the finish are preserved;

(iii) works to harmonize the color and texture of exterior finishes, when the appearance has been spoiled by multiple repair interventions;

(iv) exterior joinery repairs/replacements, provided the material, shape, size of openings and joinery are preserved;

b) interior repair works to plastering, painting, painting, cladding, as well as replacements of interior joinery, preserving the size of the openings;

c) repair and replacement works to flooring;

d) repairs or replacements to interior installations;

e) repairs and replacement of heating stoves and associated chimneys, keeping their shape, size, and materials;

f) repairs to fences, roofs, coverings or terraces, sidewalks, retaining walls or access stairs, when their shape and the materials used for their execution are not changed;

g) non-structural, demountable partition modifications, made of light materials and which do not change the interior spatial concept;

h) change of use, only when, to carry it out, no building/demolition works for which the law requires a permit are necessary, complying with the approved urban planning documentation;

i) works of intervention for the implementation of necessary measures under current fire prevention and extinguishing legislation, namely the installation of fire prevention and extinguishing systems for the purpose of obtaining the fire safety authorization.

j) the installation, modification, or replacement of radio support access points with limited coverage area that comply with the physical and technical characteristics established by Regulation (EU) 2020/1070, including connection to the power grid and connecting the access point to a public electronic communications network.

The following can be executed without a building permit:

a) works for placing covered or closed counters and stands, intended for the distribution and sale of newspapers, books and flowers, which are placed directly on the ground, without foundations and platforms, with a surface not exceeding 12 sq m, based on the location permit and which do not result in congestion or blockage of pedestrian traffic on the sidewalk, without connections and/or links to urban utilities, except electricity;

a1) works for placing automatic equipment for receiving packaging under the guarantee-return system for non-reusable primary packaging, together with the container in which they are placed, which are placed directly on the ground, without foundations and platforms, with an area not exceeding 25 sq m, based on the location permit, and which do not cause congestion or blockage of pedestrian traffic on the sidewalk, without connections and/or links to urban utilities, except electrical energy;

b) geophysical research works and prospecting of petroleum potential, in compliance with environmental legislation: seismic survey, controlled vibration, gravimetric survey, magnetometric, geoelectric, radiometric prospecting, remote sensing, provided these do not involve drilling or works of construction nature;

c) aerial connections works in zones where they are not prohibited by local urban planning regulations;

d) works for connections and links executed on the public domain to the existing technical-utility infrastructure in the area, with the consent/authorization of the road administrator;

e) installation on buildings, farm annexes, and on the ground of photovoltaic systems for electricity production by prosumers as defined in art. 2 lit. x1) of Law no. 220/2008 for setting up the promotion system of energy production from renewable energy sources, republished, as amended and supplemented, and/or of solar panels for heating or preparation of hot water for domestic use, upon prior notification of local public authorities and in compliance with applicable legislation. The photovoltaic systems and/or solar panels will be supported by a structure formed of construction elements capable of ensuring stability of the whole assembly and bearing the loads resulting from its own weight and the panels, as well as those resulting from wind and snow loads;

f) drilling and excavation works necessary for geotechnical studies and geological prospecting for transport infrastructure projects of national interest and metro infrastructure.

Building/demolition permits are issued without prior drafting, approval, and approval of territory planning and/or urban documentation for:

a) consolidation, reconstruction, modification, repair, rehabilitation, protection, restoration and/or conservation works of buildings of any kind, including fences, as well as associated installations, provided the built area at ground remains the same, including in the event of changing use if the new use complies with the provisions of the local urban regulations in force;

b) fitting works for functionalizing existing attics, even if this leads to exceeding the L.U.C. regulated in the area;

c) extension works when the proposed extension complies with the local urban regulation in force;

d) adding floors to existing buildings with one more level, only once, provided they are located outside the protected built zones or monument protection zones established by approved urban planning documentation, as appropriate, and have not benefited from derogations for L.U.C. and/or height regime by the urbanist regulations in the urban planning documentation approved on the basis of which the initial permit was issued;

e) extension works of existing social, educational, health, cultural and administrative buildings belonging to the public and private domain of the state and the administrative-territorial units, if extension is mandatory for their operation according to the law;

f) research, prospecting and exploitation works of quarries, gravel pits and mineral aggregates, drilling and equipment of gas and oil wells located outside the built-up area;

g) investment objectives on agricultural land outside the city, as provided in art. 92 para. (2) letters c), e) and j) of the Land Fund Law no. 18/1991, republished, as amended and supplemented, and the constructions provided for in art. 92 para. (3) of the Land Fund Law no. 18/1991, republished, as amended and supplemented;

h) voluntary contribution collection centers, as well as integrated separate collection centers for urban agglomerations, on agricultural land of any use category, as well as on unproductive and degraded land;

i) works for the construction of capacities for the production and storage of electricity and hydrogen from renewable sources located in the inner and outer city of localities, including transformer stations, cables and installations for connecting them to the public electricity network of public interest.

Works for placing and connecting to the power supply network of electric vehicle charging points/stations, which do not cause congestion or blockage of pedestrian and/or road traffic, on the basis of a location permit issued by the competent local public administration authority may be executed without a building permit.

Pavement elevations for pedestrian crossings, signage elements and road markings may be executed without a building permit, subject to the approval of the Traffic Commission, the consent of the Traffic Police and the road administrator, obtained in advance.

Building and demolition permits issued in violation of the law can be annulled by administrative courts pursuant to the law, following a legal action brought by the prefect, following the control activity of the State Construction Inspectorate - I.S.C.

The central and local public authorities issue certificates and attestations only in cases where the situations or data whose confirmation is requested result from the documents held by them.

The exercise of commercial activity in public areas is subject to the approval of local public administration authorities, in compliance with their own regulations and urban planning plans.

The procedure presents the documents that need to be submitted at the Marasesti City Hall in order to obtain the Identity Card. This procedure is for informational purposes only and cannot be resolved through the PC.

The urbanism certificate is the mandatory informational document through which the county or local public administration authority communicates the legal, economic, and technical status of the properties and the necessary conditions for the purpose of making investments, real estate transactions, or other real estate operations.

1. Description of the procedure

1.1. Generalities:

Transparency in activity, equality of citizens, observance of legislation in the field, impartiality and confidentiality of acts and documents in this sector of activity are taken into account.

In all documents which are received or which are drawn up at the municipality, regarding the issue of documents containing information from the Agricultural Register, the provisions of the legislation in force are respected.

1.2. Documents used:

1.2.1. The list and source of the documents:

Input documents are:

- requests from natural persons or legal entities regarding the confirmation of the right of ownership / use over land, buildings, animals, agricultural equipment, forests, etc., respectively certificates of inheritance, property titles, sales contracts, donation contracts, exchange contracts, court rulings, etc.

- requests from natural persons or legal entities regarding agricultural income obtained;

- letters from different state institutions or courts;

- property documents from natural persons and legal entities;

Output documents are:

- certificates of attesting property over animals;

- release of certificates regarding holding an agricultural plot;

- agricultural role certificates for natural persons and legal entities.

1.2.2. Content and roleof the documents:

- Standard request for registration in the Agricultural Register / Declaration of citizens on the structure of the household;

- Various types of standard certificates, issued by the Agricultural Register Department.

1.2.3. Flow of documents:

a) Receipt of correspondence;

b) Verification of data from the institution’s records and in the field with confirmation of their reality;

c) Drafting of responses, reports, letters to institutions or to natural or legal persons requesting them;

d) Communication to the institutions or requesting persons of the acts from the agricultural register.

1.3. Necessary resources:

1.3.1. Material resources:

- Computer;

- Printer;

- Copier;

- Supplies (ink/toner);

- Xerox paper;

- Folders.

1.3.2. Human resources:

- The head of the institution;

- The departments provided in the organization chart of the institution.

1.3.3. Financial resources:

- According to the approved Budget of the Institution.

1.4. Mode of work:

1.4.1. Planning of operations and actions of the activity:

The citizen addresses the Agricultural Register department with a request for the issuance of the certificate. The request is registered in the certificate record register of the Agricultural Register department.

The person's identity is checked on the basis of the identity document.

It is checked whether the citizen has the documents attesting the ownership of the property, the land and the animals after which the citizen signs the agricultural register.

For all certificates the following are requested:

- request;

- identity documents;

- stamp duty / other taxes (if appropriate);

- copy of property documents if there were changes in land area or number of animals.

1.4.2. Carrying out the operations and actions of the activity:

The agricultural register ensures the database needed to meet certain requests of citizens, such as:

a) issuance of supporting documents regarding possession of agricultural plots, animals, and birds;

b) issuance/validation of producer certificates and issuance of marketing booklets, for the capitalization by agricultural producers, natural persons, of their own agricultural products and the exercise of trade with these products;

c) release of certificates regarding the status of agricultural producer, for those who do not carry out economic activity for which the documents provided at letter b) are issued;

d) material status for social assistance/protection situations, for obtaining certain social benefits/services;

e) other cases provided for by the legal provisions in force.

Rules regarding the performance of activities, which will be performed:

a. in compliance with the deadlines provided by law regarding responses to petitioners or to other institutions;

b. after thorough checking in the field of all aspects.

Carrying out the operations and actions of the activity:

a) Verification of the documents presented by the applicant and field verification of their accuracy;

b) Recording in the agricultural register any operations, based on the submitted documents;

c) Issuing the documents requested by the petitioners;

d) Annual updating of the database concerning land use and the number of animals, as well as agricultural crops;

e) Recording in the agricultural register is done based on the sworn statement of the members of the household and supporting documents;

f) The personnel of the Department will act so that by issuing the requested documents they reflect the situation in the field;

g) They will also monitor the ingoing and outgoing correspondence, as well as compliance with the 30-day legal deadline or respecting the deadlines set by the courts.

1.4.3. Utilization of the activity results:

The results of the activity will be utilized by all departments of the Institution.

2. Responsibilities

2.1. The person from the Agricultural Register Department performs the following operations:

a) Checking the documents presented by the applicant;

b) Checking in the field the accuracy of the data presented by the applicant;

c) Checking the data recorded in the agricultural register;

d) Annual registration in the Agricultural Register of the lands, buildings, and establishing the land use category;

e) Completing the requested certificates.

2.2. The Secretary of the Town Hall

a) Approves the requests for making changes in the Agricultural Register;

b) Approves the finding documents;

c) Approves the certificates of ownership over lands, buildings, animals, etc,.

2.3. The Mayor

a) Approves the finding documents;

b) Approves the annual documents regarding the update of data;

c) Approves the certificates of ownership over lands, buildings, animals, etc,.

The special sanitation fee is established for the services from which household and non-household users of the sanitation service benefit