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The approval necessary for the transfer of agricultural land located outside built-up areas can be requested by any person who owns agricultural land outside built-up areas, for the purpose of selling it.
For the application of the provisions of this procedure, the local authorities have the following responsibilities (according to Order No. 719/740/M.57/2333 of May 12, 2014 regarding the approval of the methodological norms for the application of Title I of Law No. 17/2014 regarding certain measures regulating the sale-purchase of agricultural land located outside built-up areas and for the amendment of Law No. 268/2001 on the privatization of commercial companies managing public and private state-owned agricultural land and the establishment of the State Domains Agency):
a) registers the seller's application, accompanied by the offer to sell the agricultural land and the supporting documents provided for in Article 5 paragraph (1) of this annex;
b) establishes, organizes, and manages the Registry for Recording Offers to Sell Agricultural Land Located Outside Built-up Areas, both in paper and electronic format, which shall include at least information concerning the identification data of the seller, the area of agricultural land located outside built-up areas offered for sale, their use category, the sale price, the location identified by plot and parcel or, as the case may be, the location of the land as established by the site and boundary plan drawn up in the National Stereographic 1970 projection system, issued by the local office following the acceptance of the cadastral documentation for the property for which the approval is requested, the minutes concluded for each stage of the procedure, certificates issued for the free sale of the land, as well as any correspondence regarding the procedure;
c) displays the offer for sale at the town hall headquarters and on its own website, as applicable, in compliance with the provisions of Article 6 paragraph (2) of the law;
d) based on the information included in the offer for sale, transmits the list of pre-emptors to the central structure, or the local structures, as applicable. The list of pre-emptors is displayed at the town hall headquarters, as applicable, and on its own website;
e) transmits to the central structure, or the local structures, as applicable, the file containing all documents provided for at letter a);
f) during the period provided for in Article 6 paragraph (2) of the law, registers and displays at the town hall headquarters and on its website, as applicable, all notifications of acceptance of the offer to sell the land, 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 subsequently prove this status with supporting documents, for the purpose of exercising the right of preemption for the respective offers for sale;
g) sends to the central structure, or the local structures, as applicable, copies of all notifications of acceptance of the offer to sell the land, submitted by any pre-emptor during the period provided for in Article 6 paragraph (2) of the law, together with the documents provided for in Article 6 paragraph (2) of this annex;
h) adopts the necessary organizational measures for holding at the headquarters of the town hall the procedures related to the exercise of the right of preemption and the selection of the potential buyer, with strict compliance with the provisions of Article 7 of the law;
i) draws up the minutes for recording the completion of each procedural stage provided for in Article 7 of the law, in which the activities and actions carried out are detailed;
j) after the communication and registration of the decision regarding the seller's choice of the pre-emptor as the potential buyer, transmits to the central structure, or the local structures, as applicable, the name and identification data of this person, as well as copies of all minutes provided for at letter i);
k) if none of the pre-emptors communicate acceptance of the seller's offer, and the sale of the land is free under the law, issues to the seller a certificate attesting that all procedural stages regarding the exercise of the preemption right have been completed and that the land is free for sale, at the price specified in the offer for sale and for the area mentioned in the ownership documents or the area resulting from cadastral measurements, entered in the land register according to the Law on Cadastre and Real Estate Publicity No. 7/1996, republished, as subsequently amended and supplemented. A copy of this, accompanied by copies of all minutes provided for at letter i), is sent to the central structure, or the local structures, as applicable;
l) transmits to the seller the certificate accompanied by a certified copy conforming to the original of the offer for sale. A copy of the certificate is sent to the central or local structure, as applicable.
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In the case of a dispute between the beneficiary and the competent authority the provisions of common law are applicable.
*Competent entities
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