Law 17/2014 on regulating the sale of non-urban land and establishing other adjacent measures in the agricultural and real estate sector, with subsequent amendments and additions responds to contemporary needs, as well as to the need to align national legislation with European standards and requirements.
The amendments to the law are aimed at clarifying the methodological rules, simplifying procedures and protecting the rights of land owners.
LAW 17/2014 – METHODOLOGICAL RULES IN ROMANIA
The update of the methodological rules has brought important clarifications on the application of the law, including the precise definition of administrative procedures. These detailed rules facilitate a better understanding of the law and provide local authorities and landowners with a solid framework for the consistent application of the legal provisions.
The updated methodological rules emphasize the following aspects:
– The exact terms and conditions for initiating land sale and purchase procedures.
– The role of local and central authorities in supervising and controlling transactions.
– Obligations of sellers and buyers, including issues related to required documentation and legal deadlines for finalizing transactions.
LAW 17/2014 ART 3 PARA 1 IN ROMANIA
According to Law 17/2014 art 3 para 1, agricultural land located in the extravilan area within 30 km from the state border and the Black Sea coast inland, as well as agricultural land located in the extravilan area up to 2,400 m from special objectives may be disposed of by sale only with the specific permission of the Ministry of National Defence, issued after consultation with state bodies with national security powers, through the specialized internal structures referred to in art. 6 para. 1 of Law no. 51/1991 on Romania’s national security, as subsequently amended and supplemented.
Thus, in the current legislative context, art 3, paragraph 1 of Law 17/2014 establishes strict regulations for the alienation of agricultural land located in extravilan in areas of strategic importance for national security. This provision reflects the need to ensure the control and supervision of areas adjacent to the state borders and the Black Sea coast, as well as those close to special objectives, in order to protect national interests.
Affected Geographical Area – The Law specifies that agricultural land located in the non-urban areas within 30 km from the state border and the Black Sea coast, as well as agricultural land located in the non-urban areas up to 2,400 m from special objectives, are subject to these restrictive conditions. These areas are considered to be of strategic interest, where agricultural activities and real estate transactions require increased surveillance.
Necessity of the Opinion of the Ministry of National Defense – The sale of these lands cannot take place without obtaining a specific opinion from the Ministry of National Defense. This opinion is issued only after thorough consultations with the competent state bodies in the field of national security.
Consultation with State Bodies – The approval process includes consultations with the specialized internal structures of the State bodies, as provided for in Article 6, paragraph 1 of Law no. 51/1991 on Romania’s national security. This step is mandatory to ensure that any sale does not contravene national security interests.
For landowners or investors interested in such areas, these regulations impose an additional level of due diligence, as well as additional procedures and additional opinions to be carried out and obtained in order to conclude a sales contract. They must fulfill a more complex bureaucratic process, which can delay transactions and affect the valuation of the investment.
These restrictions may also have an impact on the market value of land in these areas, as they are perceived as less attractive for development due to difficulties in obtaining the necessary permits and uncertainties related to the approval process.
Art 3, para 1 of Law 17/2014 is an example of how national security considerations can directly influence legislation on the use and trading of agricultural land. For any transaction in these areas, it is important to follow the legal process and obtain all necessary approvals to ensure compliance with national legislation and the protection of the country’s security interests.
LAW 17/ 2014 – SALE OF EXTRAVILAN LAND IN ROMANIA
The sale of agricultural land located in extravilan is regulated not only through the prism of national security, but also through the conditions of transfer of ownership according to civil and agricultural rules. These procedures are described in detail in Article 4 of Law 17/2014, as amended by EMERGENCY ORDINANCE no. 104/2022 and other relevant normative acts.
PROCEDURE FOR SALE OF EXTRAVILAN LAND IN ROMANIA
Stages in the process of selling an extravilan land:
Observance of the Civil Code – The alienation must comply with the substantive and formal conditions set out in Law No. 287/2009 on the Civil Code, republished, as amended.
Right of Pre-emption – A right of pre-emption applies, allowing purchase in the following order of priority:
- First rank preemptors – co-owners, spouses, relatives and in-laws up to the third degree.
- Second-ranking pre-emptors – owners of agricultural investments on the offered land and/or tenants.
- Third pre-emptors – Owners and/or tenants of neighboring agricultural land.
- IV – Young farmers.
- Level V – Agricultural academic and research institutions.
- Pre-registrants rank VI – natural persons resident in the locality where the land is located or in neighboring localities.
- rank VII – the Romanian State, through the State Domains Agency.
Publication of the Offer – According to art 6 Law 17/2014, the seller registers at the town hall of the administrative-territorial unit where the land is located an application requesting the display of the offer for sale of the agricultural land located in extravilan, in order to bring it to the attention of the pre-emptors.
The application shall be accompanied by the offer for sale of the agricultural land and the supporting documents provided for by the methodological rules implementing this Law.
Within 5 working days from the date of registration of the application, the Town Hall shall display the offer for sale for 45 working days at its premises and, where appropriate, on its website.
Acceptance of the offer – the holder of the right of pre-emption must, within 45 working days, indicate in writing his intention to purchase, communicate his acceptance of the offer to the seller and register it at the town hall where it has been posted.
Registration of the File at the Town Hall – Potential buyers must submit to the Town Hall the documents proving the fulfillment of the conditions within 30 days from the expiration of the preemptive period.
Verification and Completion of the Sale – Cadastral documentation and land register extracts are required to verify ownership and ensure transparency of the transaction. The sale-purchase contract is concluded at the notary public, complying with all legal rules and conditions.
The detailed procedure for the sale of agricultural land outside the rural areas is designed to protect agricultural, social and national security interests. Strict compliance with this procedure is essential to ensure transparency and fairness in rural real estate transactions, while protecting Romania’s agricultural resources.
