Real estate formation. Features
22 Mar, 2024
The formation of real estate takes place in accordance with the provisions of Law no. 354/2004 and Instruction no. 71/2017. The methods of formation of immovable assets registered in the Register of immovable assets are through: 1. separation, 2. division, 3. merging, 4. combination or 5. reparceling.

The main conditions that will be respected for the formation of real estate:
       1. the shape and dimensions of the land on which constructions are located or on which constructions are to be built must comply with the legal, technical and architectural-urban planning regime, established by the regulations in the field of urban planning and land development;
      2. the formed immovable property must be provided with a separate access/entrance road or it must be possible to establish the servitude of passage, in accordance with the regulations in force;
      3. immovable assets to be formed as separate assets in each administrative-territorial unit;
      4. for works that require a building permit, to obtain such a permit, and the building work to be carried out after the completion and reception of the construction/reconstruction works;
      5. in the case of the formation of agricultural lands: the ratio between the width and the length of the formed land should not exceed the limit of 1:5; the land should be formed with the elongated side transverse to the slope;
The formation of unauthorized constructions is not allowed.

By separation, a part of the registered immovable property is detached. The registration of the immovable property formed by separation and the rights over it is done on the basis of the act confirming the rights over the initial immovable property, of the decision on the formation of the immovable property to which the geometric plans of the newly formed immovable property are attached.

Upon division, the common property is divided (at the request of the co-owners) and the common property is terminated. The co-owners, before concluding the sharing contract of the common assets, will ensure the development of the documentation for the formation of the immovable assets. The registration of the immovable assets formed by division and the property rights over them is carried out on the basis of the shared property agreement notarized, to which the geometric plan of the immovable assets formed is attached.
 
By merging, the union of two or more immovable properties having common boundaries, including boundaries passing through the common wall, is achieved.
The documents confirming the rights to the original real estate, the decision to form the real estate and the geometric plan of the newly formed real estate serve for the registration of the real estate formed by merger (land). If the original real estate belongs to different owners or if the legal regime of ownership is different, the notarized legal act signed between the co-owners of the newly formed real estate serves as the basis for the registration of the real estate formed by merger.

When combining, a part of the registered real estate is separated, without forming an independent real estate, and its attachment to an adjacent real estate, if there is a joint request of the owners of the real estate subject to formation. The training works will be done until the conclusion of the legal deed of alienation of the part of the immovable property. The geometric plan of the real estate formed by combining is a component part of the legal act regarding alienation. When the real estate is formed by combining, the cadastral numbers of the real estate do not change.
The changes to the entries in the Real Estate Register in connection with the combination are recorded:
      1. if the goods belong to the same owner - on the basis of the documents confirming the rights to the original real estate, of the decision to combine, to which the geometric plans of the newly formed real estate are attached;
      2. if the real estate belongs to different owners - under the contract of alienation and combination of assets, to which the geometric plans of the newly formed real estate are attached.

Re-parceling is a newer (more recent) way of forming immovable property by changing the borders of the land, at the request (written agreement) of the owners, based on the urban plan or the project of the organization of the territory, for the rational use resulting from the fragmentation of agricultural land, the danger of soil erosion, the extension of the intra-village boundary of the locality, the insufficiency of the infrastructure, and the provision of optimal conditions for the use of reparceled lands.
When reparceling, the cadastral numbers are not changed, except in cases when, after reparceling, the land is located in another cadastral sector or is merged with other lands.
When reparceling, the geometric (cadastral) plan and the deed of assessment on the land are perfected. The finding must contain:
      1. the names of the owners of the land subject to the reparceling procedure;
      2. data on the area and cadastral numbers of each owner's land before and after reparceling;
      3. share-part of the land held with property right, as the case may be;

      4. the surface of the lands transferred to the property of the administrative-territorial unit for the creation of the infrastructure.
The geometric plan approved by the local council is transposed into the land.
The registration of the newly formed immovable property by reparceling is carried out on the basis of the documents confirming the rights to the original immovable property and the decision of the local council, to which the geometric plan of the newly formed immovable property is attached.

      Consecutiveness of actions in the formation of immovable property:
      1. submission of the request for the formation of the immovable property (must contain the cadastral numbers of the initial immovable property, the method of formation, the general characteristics of the immovable property formed, the destination of the property and the holders whose rights the ownership of the initial immovable property is encumbered);
      2. preparation of the study regarding the possibility of forming the real estate;
      3. elaboration of the project for the formation of the real estate;
      4. drawing up the geometric plan of the real estate;
      5. issuance of the decision regarding the formation of the immovable property;
      6. receipt of the report on the construction of the immovable property (by the cadastral body).
When forming through separation, division or combination, it is necessary to obtain the informative town planning certificate from the town hall in advance.
The costs of formation and registration of real estate are borne by the interested person.
The formation of the immovable asset ends when the data about the formed immovable asset and the rights over it are entered in the Register of immovable assets.

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