Displaying land sale offers from individuals / legal entities*

Details

The necessary approval for the disposal of agricultural land outside the built-up area can be requested by any person who owns agricultural land outside the built-up area, for the purpose of sale.

For the application of the provisions of this procedure, town halls have the following responsibilities: (according to Order No. 719/740/M.57/2333 dated May 12, 2014, regarding the approval of methodological norms for the application of Title I of Law No. 17/2014 concerning certain regulatory measures for the sale and purchase of agricultural land located outside the built-up area and for amending Law No. 268/2001 regarding the privatization of commercial companies administering state-owned agricultural land, both public and private, and the establishment of the State Domains Agency).

a) registers the seller’s request, accompanied by the offer to sell the agricultural land and the supporting documents provided in Article 5, paragraph (1) of this annex;

b) establishes, organizes, and manages the Register of offers to sell agricultural land located outside the built-up area, on paper and in electronic format, which must contain at least information regarding the seller's identification data, the area of agricultural land outside the built-up area offered for sale, its category of use, selling price, location identified by plot and parcel or, as appropriate, the land's location established by the placement and delimitation plan of the property drawn up in the national Stereographic 1970 projection system, issued by the territorial office following the acceptance of the cadastral documentation for the property for which the approval was requested, the minutes recorded for each stage of the procedure, certificates issued for the purpose of free sale of the land, and any correspondence related to the implementation of the procedure;

c) displays the sale offer 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 contained in the sale offer, sends the list of preemptors to the central structure, or to the territorial structures, as applicable. The list of preemptors is displayed at the town hall headquarters, as applicable, and on its own website;

e) sends to the central structure, or to the territorial structures, as applicable, the file containing all the documents referred to in point 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 own website, as applicable, all communications of acceptance of the sale offer of the land, submitted by any of the preemptors included in the list of preemptors or by any other preemptors not included on the list and who subsequently prove their status upon drafting the list with supporting documents, for the purpose of exercising the right of preemption for the sale offers concerned;

g) sends to the central structure, or to the territorial structures, as applicable, a copy of all communications of acceptance of the sale offer of the land, submitted by any of the preemptors during the period provided for in Article 6, paragraph (2) of the law, accompanied by the documents stipulated in Article 6, paragraph (2) of this annex;

h) adopts the necessary organizational measures for conducting at the town hall headquarters the procedures regarding the exercise of the right of preemption and the selection of the potential buyer, with strict compliance to the provisions of Article 7 of the law;

i) draws up the minutes of finding for each procedural stage provided for in Article 7 of the law, in which the activities and actions carried out are recorded in detail;

j) after communication and registration of the seller’s decision to choose a preemptor as a potential buyer, sends to the central structure, or to the territorial structures, as applicable, the name and identification data of the latter, as well as copies of all minutes referred to in point i);

k) if no preemptor communicates acceptance of the seller's offer and the sale of the land is free under the law, issues to the seller a certificate stating that all procedural stages regarding the exercise of the right of preemption have been completed and that the land is free for sale, at the price stipulated in the sale offer and for the area mentioned in the ownership documents or the area resulting from cadastral measurements, registered in the land register according to the Land Registry and Real Estate Advertising Law no. 7/1996, republished, with subsequent amendments and additions. A copy thereof, accompanied by copies of all minutes referred to in point i), is sent to the central structure, or to the territorial structures, as applicable;

l) sends to the seller the certificate accompanied by a certified copy for conformity with the original of the sale offer. A copy of the certificate is sent to the central or territorial structure, as applicable.

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Entitled persons

Regulated professions

Required documents

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Obligatoriu

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