Obtaining the necessary approval for the sale of agricultural land outside the built-up area*
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The procedure regulates the method of obtaining the authorization required for the sale of extravilan agricultural land
The authorization required for the transfer of extravilan agricultural land may be requested by any person who owns extravilan agricultural land, for the purpose of sale. The natural/legal person will submit the application for posting the offer to sell the land (model ANNEX 1A), in order to inform the preemptors, together with the offer to sell the land (model ANNEX 1B) and supporting documents.
Within 5 working days from the registration of the application, the offer for sale will be displayed for 45 working days at the headquarters of Săliștea Commune City Hall and on the City Hall's website.
Within 5 working days from the registration of the sale application, the specialized department within the City Hall will draw up the list of preemptors which will be displayed at the City Hall's headquarters and on its website.
Within the 45 working days from the display of the sale offer, the City Hall will register all notifications of acceptance of the offer to sell the land (model ANNEX 1E), submitted by any of the preemptors, accompanied by the following documents:
- a copy of the ID card for the preemptor as a natural person;
- a copy of the certificate of registration from the Trade Register in the case of the preemptor as a legal entity;
- certified copies of the supporting documents attesting to the quality of preemptor (co-ownership deeds, lease contracts, ownership deeds of buildings bordering the land proposed for sale, etc.).
The seller’s decision regarding the selection of the preemptor as potential buyer will be registered at the City Hall.
Within 3 working days from its registration, the specialized department will communicate, as the case may be, to the M.A.D.R. or D.A.D.R. AB the name and identification data of the selected preemptor, potential buyer.
The final authorization required for the conclusion of the sale contract in authentic form by the public notary shall be issued, as the case may be, by the M.A.D.R. or D.A.D.R. AB.
If no preemptor communicates acceptance of the seller’s offer and the sale is free, the specialized department will send the seller a certificate attesting that all procedural stages related to the exercise of the preemption right have been completed and that the land is free for sale, at the price specified in the sale offer. The certificate will be accompanied by a certified true copy of the sale offer.
Required documents:
- the application for posting the offer to sell the land (model ANNEX 1A);
- the offer to sell the land (model ANNEX 1B);
- a photocopy of the ID card of the seller natural person or a copy of the passport for the seller natural person with domicile abroad;
- a photocopy certified as true by the city hall officials of the ownership deed of the land that is the subject of the sale offer (as applicable: sales-purchase contract, donation contract, final and irrevocable civil judgment/decision, property title, inheritance certificate, exchange contract, asset liquidation act or any other document provided by law proving the acquisition of ownership);
- land register excerpt for information, issued no more than 30 days before the posting of the offer, accompanied by the cadastral plan excerpt, provided the land for sale is registered in the integrated cadastre and land register system;
- a photocopy of the registration certificate from the trade register or the act based on which it operates, in the case of the seller legal entity;
- in case of representation, a notarial power of attorney, in a copy certified as true by the city hall officials, as well as the delegation, decision of the general meeting of associates, sole associate's decision, decision of the representative of the associative form, as appropriate, in original, as well as a photocopy of the ID card/passport of the proxy natural person;
- the general meeting of associates' decision, the sole associate's decision, the decision of the representative of the associative form, as the case may be, in original, showing agreement regarding the sale of the property owned by the company, in the case of the seller legal entity;
- tax certificate issued by the city hall;
- other supporting documents, as applicable.
The procedure regulates the method of obtaining the authorization required for the sale of extravilan agricultural land
The authorization required for the transfer of extravilan agricultural land may be requested by any person who owns extravilan agricultural land, for the purpose of sale. The natural/legal person will submit the application for posting the offer to sell the land (model ANNEX 1A), in order to inform the preemptors, together with the offer to sell the land (model ANNEX 1B) and supporting documents.
Within 5 working days from the registration of the application, the offer for sale will be displayed for 45 working days at the headquarters of Săliștea Commune City Hall and on the City Hall's website.
Within 5 working days from the registration of the sale application, the specialized department within the City Hall will draw up the list of preemptors which will be displayed at the City Hall's headquarters and on its website.
Within the 45 working days from the display of the sale offer, the City Hall will register all notifications of acceptance of the offer to sell the land (model ANNEX 1E), submitted by any of the preemptors, accompanied by the following documents:
- a copy of the ID card for the preemptor as a natural person;
- a copy of the certificate of registration from the Trade Register in the case of the preemptor as a legal entity;
- certified copies of the supporting documents attesting to the quality of preemptor (co-ownership deeds, lease contracts, ownership deeds of buildings bordering the land proposed for sale, etc.).
The seller’s decision regarding the selection of the preemptor as potential buyer will be registered at the City Hall.
Within 3 working days from its registration, the specialized department will communicate, as the case may be, to the M.A.D.R. or D.A.D.R. AB the name and identification data of the selected preemptor, potential buyer.
The final authorization required for the conclusion of the sale contract in authentic form by the public notary shall be issued, as the case may be, by the M.A.D.R. or D.A.D.R. AB.
If no preemptor communicates acceptance of the seller’s offer and the sale is free, the specialized department will send the seller a certificate attesting that all procedural stages related to the exercise of the preemption right have been completed and that the land is free for sale, at the price specified in the sale offer. The certificate will be accompanied by a certified true copy of the sale offer.
Required documents:
- the application for posting the offer to sell the land (model ANNEX 1A);
- the offer to sell the land (model ANNEX 1B);
- a photocopy of the ID card of the seller natural person or a copy of the passport for the seller natural person with domicile abroad;
- a photocopy certified as true by the city hall officials of the ownership deed of the land that is the subject of the sale offer (as applicable: sales-purchase contract, donation contract, final and irrevocable civil judgment/decision, property title, inheritance certificate, exchange contract, asset liquidation act or any other document provided by law proving the acquisition of ownership);
- land register excerpt for information, issued no more than 30 days before the posting of the offer, accompanied by the cadastral plan excerpt, provided the land for sale is registered in the integrated cadastre and land register system;
- a photocopy of the registration certificate from the trade register or the act based on which it operates, in the case of the seller legal entity;
- in case of representation, a notarial power of attorney, in a copy certified as true by the city hall officials, as well as the delegation, decision of the general meeting of associates, sole associate's decision, decision of the representative of the associative form, as appropriate, in original, as well as a photocopy of the ID card/passport of the proxy natural person;
- the general meeting of associates' decision, the sole associate's decision, the decision of the representative of the associative form, as the case may be, in original, showing agreement regarding the sale of the property owned by the company, in the case of the seller legal entity;
- tax certificate issued by the city hall;
- other supporting documents, as applicable.
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In the case of a dispute between the beneficiary and the competent authority, the provisions of common law are applicable.
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