Cadastre is a complex system of real estate records, which includes detailed information about properties. It is an important component of the property management system in a given area and plays an indispensable role in securing property rights and facilitating real estate transactions.
According to the provisions of the Law No. 7/1996 on Cadastre and Real Estate Publicity, the cadastre of a house is a complex set of technical, economic and legal information about the real estate, which is recorded in cadastral documents and land register. This information is important for the centralized registration of real estate, for securing property rights, for taxation and for facilitating real estate transactions.
IDENTIFICATION AND MEASUREMENT OF REAL ESTATE IN ROMANIA
The cadastre identifies, measures, describes and records the house in the cadastral documents. This involves establishing the precise geographical position of the property, determining its surface area and dimensions, and representing it on cadastral maps and plans. This technical information is essential for individualizing the property and determining its boundaries.
TECHNICAL, ECONOMIC AND LEGAL INFORMATION IN ROMANIA
Through the cadastre, a range of information about the house is determined. Technical information refers to the physical characteristics of the property, such as surface area, dimensions, building structure, facilities, etc. Economic information concerns the value of the property, the related taxes and other financial aspects. Legal information refers to the ownership of the property, any encumbrances (easements, mortgages, etc.), legal acts and deeds relating to the property.
ENTRY IN THE LAND REGISTER IN ROMANIA
Cadastral information is entered in a land register, which is a public register containing a description of the immovable property and entries relating to real property rights (ownership, use, usufruct, surface, easement, etc.), personal rights (lease, concession, etc.), and to acts, deeds or legal relationships relating to the property. The land register publicizes these rights and legal relationships and makes them enforceable against third parties.
PURPOSES OF THE LAND REGISTER IN ROMANIA
The land register fulfills several important functions. First, it ensures the publicity of real property rights, thus providing legal protection for owners and third parties. Secondly, it helps to ensure the security of real estate transactions by providing potential buyers with complete and reliable information about the property. Last but not least, the cadastre facilitates access to mortgages, with banks relying on cadastral information to evaluate real estate collateral.
UPDATING CADASTRAL INFORMATION IN ROMANIA
The records of real estate registered in the cadastral plan and land register are compiled and updated ex officio, at the request of the persons concerned or on the initiative of the public authorities. Owners and public authorities have the obligation to support the creation and updating of the cadastre by making their data and information available. The permanent updating of cadastral information is important to maintain a functional and efficient cadastral registration system.
Thus, to answer the question, the cadastre of a house is a complex and integrated system of technical, economic and legal records of the real estate, which provides detailed, up-to-date information that can be relied on by third parties. This information is important for securing property rights, for correct taxation, for the security of real estate transactions and for access to mortgage loans. Cadastre is therefore a mandatory tool for the efficient functioning of the real estate market and for the legal protection of owners.
WHEN IS CADASTRE AND LAND REGISTRATION CARRIED OUT IN ROMANIA?
Cadastre and land registration are compulsory procedures in several situations, both for new and existing houses. These situations include:
Concluding a contract for the sale of a property. Before you can transfer ownership, you need to have your property registered and recorded.
Inheritance of real estate. It is not obligatory to carry out the land register and real estate publicity in order to transfer real estate rights from the deceased to the heirs by inheritance. However, it is recommended that heirs should request that cadastre and real estate advertising work be carried out before the probate proceedings are settled. This recommendation is justified by the fact that, once the cadastre work has been carried out, the real surface area of the real estate is measured and determined, which may be different (larger or smaller) from that contained in the deeds of ownership of the deceased, and the real surface area of the real estate is thus passed on to the heirs.
Division or joining of properties. Any change in the boundaries of a property must be reflected in the cadastral system.
Applying for a mortgage. Banks and other financial institutions usually require an updated land register extract in order to grant a mortgage loan.
Applying for a building permit. In order to obtain a building permit, the real estate must be registered in the cadastral system.
“WHERE DO THEY DO CADASTRE AND LAND REGISTRY IN ROMANIA?”
The cadastre and land registry procedures are carried out at the Cadastral and Real Estate Publicity Office (OCPI) – the Cadastral and Real Estate Publicity Office (BCPI) in whose territorial radius the real estate is located. Each county has its own OCPI.
The process can be initiated by the owner of the property or by a representative of the owner, usually a licensed surveyor. It is advisable to seek the services of a specialist as the procedures can be complex and require specific technical and legal knowledge.
NECESSARY CADASTRE AND LAND REGISTRY DOCUMENTS IN ROMANIA
In order to carry out the cadastre and land registration of a house, the owner must prepare a number of documents. These include:
- The deed of ownership, which can be a contract of sale, a certificate of inheritance or any other document that proves ownership of the property.
- The tax certificate issued by the town hall in whose area the property is located. This certifies that there are no property tax debts.
- The owner’s identity card.
- Cadastral documentation from an authorized surveyor. This includes measurements, location and demarcation plans, and technical files on the property.
- Once these documents have been submitted and the relevant fees have been paid, the OCPI will process the application and issue an updated land register extract.
Thus cadastre and land registration are indispensable procedures for any homeowner. They ensure official recognition of property rights, facilitate real estate transactions and contribute to better property management at local and national level. Although the process may seem complex, using specialists and careful preparation of the necessary documents can make everything run smoothly.
