Order no. 719/740/M.57/2333/2014 on the approval of the methodological norms for applying Law no. 17/2014 on certain regulatory measures regarding the sale and purchase of agricultural land located outside city limits (the “Methodological Norms”), was published in the Official Gazette of Romania, Part I, no. 401 of May 30, 2014.
The Methodological Norms regulate the procedures regarding the sale and purchase of agricultural lands located outside city limits as concerns sale offers, the exercise of preemption rights and the procedure for issuing the authorizations required for their disposal, and also establish the main duties of city halls in the conduct of the procedures mentioned.
The Methodological Norms list the supporting documents which:
- accompany the sale offer posted by the relevant city hall;
- certify the capacity of preemptor of co-owners, leaseholders and of neighboring owners, as the case may be, and
- are needed for the purposes of recording in the land book the ownership right acquired based on a court decision which takes the place of a sale and purchase agreement authenticated by the notary public.
In view of clarifying the expression “more favorable sale terms” prohibited from being practiced by the seller in the event that preemption right is not exercised according to the provisions of Law no. 17/2014 by its holders, the Methodological Norms set forth that such terms represent a modification of the sale offer made by the seller in favor of the purchaser, establishing as an exception the cases in which the area resulting from the cadastral measurements, recorded in the Land Book, differs from that mentioned in the ownership deeds.
In the event of free sales (case in which no preemptor manifests its purchase intent within the 30-day statutory time-limit), the Methodological Norms set forth that the land may be sold under any terms, save for price reduction.
The final sale authorization is valid for a 6-month period of time as of its delivery to the seller and will also be valid after the expiry of this period, provided that the parties have concluded during the aforementioned period of time a preliminary agreement or an option agreement having as subject matter the agricultural land located outside city limits for which it was issued.
If the authorizations of the Ministry of National Defense and/or of the Ministry of Culture are required, the Methodological Norms set forth that the relevant institutions’ failure to deliver such authorizations within 20 business days as of the registration of the application will equal an approval therefrom.