Obtaining the necessary permit for the sale of agricultural land outside the built-up area*
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The procedure regulates the method of obtaining the approval necessary for the sale of agricultural land outside the city limits
The approval required for the alienation of agricultural land outside the city limits can be requested by any person who owns agricultural land outside the city limits, for the purpose of selling. The natural/legal person will submit the request for displaying the land sale offer (Annex 1A model), in order to bring it to the attention of pre-emptors, accompanied by the land sale offer (Annex 1B model) and supporting documents.
Within 5 working days from the registration of the request, the sale offer will be displayed for 45 working days at the Săliștea commune City Hall headquarters and on the City Hall's website.
Within 5 working days from the registration of the sale request, the specialized department within the City Hall will draw up the list of pre-emptors which will be displayed at the City Hall headquarters and on the website.
Within 45 working days from the display of the sale offer, the City Hall will register all communications of acceptance of the land sale offer (Annex 1E model), submitted by any of the pre-emptors, accompanied by the following documents:
- copy of ID card for the pre-emptor natural person;
- copy of the certificate of incorporation from the Trade Register in the case of the pre-emptor legal person;
- certified copies of the supporting documents proving the quality of pre-emptor (co-ownership deeds, lease contracts, property deeds for the buildings which share a border with the land subject to sale, etc.).
The seller’s decision regarding the choice of the pre-emptor - potential buyer will be registered at the City Hall.
Within 3 working days from its registration, the specialized department will communicate, as the case may be, to M.A.D.R. or D.A.D.R. AB the name and identifying data of the chosen pre-emptor, potential buyer.
The final approval necessary for concluding the sale contract in authentic form by the public notary is issued, as the case may be, by M.A.D.R. or D.A.D.R. AB.
If no pre-emptor communicates acceptance of the seller’s offer and the sale is free, the specialized department will send the seller a certificate attesting that all procedural steps regarding the exercise of the right of pre-emption have been completed and that the land is free for sale, at the price provided for in the sale offer. The certificate will be accompanied by a certified true copy of the sale offer.
Required documents:
- the request for displaying the land sale offer (Annex 1A model);
- land sale offer (Annex 1B model);
- a photocopy of the ID card of the seller natural person or a copy of the passport for the seller natural person residing abroad;
- a photocopy certified as compliant by the City Hall officials of the ownership document of the land subject to the sale offer (as the case may be: sale-purchase contract, donation contract, final and irrevocable civil judgment/decision, ownership title, inheritance certificate, exchange contract, act of patrimony liquidation or any other document provided by law that attests the acquisition of the ownership right);
- land register extract for information, issued no more than 30 days before the display of the offer, accompanied by the cadastral plan extract, provided the land subject to sale is registered in the integrated cadastral and land register system;
- a photocopy of the certificate of incorporation from the trade register or of the act under which it operates, for the seller legal person;
- in case of representation, notarial power of attorney, in photocopy certified as compliant by the City Hall officials, or as the case may be, the delegation, resolution of the general meeting of shareholders, decision of the sole shareholder, decision of the representative of the associative form, in original, as well as a photocopy of the ID card/passport of the empowered natural person;
- the resolution of the general meeting of shareholders, decision of the sole shareholder, decision of the representative of the associative form, as the case may be, in original, showing agreement regarding the sale of the asset owned by the company, for the seller legal person;
- fiscal attestation certificate issued by the City Hall;
- other supporting documents, as the case may be.
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In the event of a dispute between the beneficiary and the competent authority, the provisions of common law shall apply.
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