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The document ceased to be valid since  March 30, 2018 according to the Order of the Government of the Republic of Moldova of  March 28, 2018 No. 277

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of January 29, 1999 No. 61

About approval of the Regulations on forming of real estate units

(as amended on 10-12-2001)

In pursuance of the Law on the inventory of real estate and for the purpose of market development of the real estate the Government of the Republic of Moldova DECIDES:

1. Approve Regulations on forming of real estate units it (is applied).

2. The regulations on forming of real estate units are applied also in cases of the Section of common property (allocation of share from common property) in that measure in which it does not contradict the Civil code.

In cases of the Section of common property (allocation of share from common property) co-owners before addressing the notary for the conclusion of the agreement on the Section of common property (about allocation of share from common property), shall provide development of the documents specified in provision Item 46, except for decisions on forming.

The territorial cadastral authority registers the right of each former co-owner of common ownership based on the agreement on the Section of common property (about allocation of share from common property) certified notarially to which the draft of the cadastral or geometrical plan of the created real estate unit which is due to the co-owner according to its share of common ownership, the technical description on the real estate unit and, if necessary, other required documents specified in subitems c) d) and e) provision Item 46 is attached.

3. Determine that the Regulations on procedure for provision of lands approved by the Order of the Government of the Republic of Moldova N246 of May 3, 1996. (The official monitor, 1996, Art. N35-37, 268), does not extend to the parcels of land of private property, and also to the parcels of land of public property adjacent to the privatized objects, including objects of construction in progress and non-residential fund, to the parcels of land of public property adjacent to private enterprises, the rights to which are registered in the real estate register.

 

Prime Minister of the Republic of Moldova

Ion Chubuk

Approved by the Order of the Government of the Republic of Moldova No. 61 of January 29, 1999

Regulations on procedure for forming of real estate units

I. General provisions

1. The regulations on procedure for forming of real estate units (further - the Provision) are developed based on the Law on the inventory of real estate.

2. The provision establishes procedure for the Section and consolidation of the parcels of land of private property, irrespective of method of use of these sites, availability or lack of structures on them, procedure for the Section and consolidation of structures, apartments of the apartment houses which are not multi-storey, and the isolated rooms, irrespective of property type, and also procedure for the Section and consolidation of the parcels of land of public property adjacent to the privatized objects, including objects of construction in progress and the non-residential fund, the parcels of land of public property adjacent to private enterprises, the rights to which are registered in the real estate register.

3. In the Provision the following concepts are used:

forming of the real estate unit - complex of the works performed for allocation of the real estate unit as independent object of the right by the Section (part apportionment) of the existing real estate unit or consolidation of several real estate units which have general border or general wall. The parcels of land on the basis of which forming is performed can be with capital structures or without them;

the contractor of the project - the specialist of territorial cadastral authority, the state or private enterprise having the license for accomplishment of cadastral works hired by the applicant for creation of the project of the created real estate unit according to this Provision;

establishment of borders of the parcel of land - designation of the fixed border of the parcel of land on the area by means of land marks or graphic symbol in the project of general borders of the parcel of land according to Item 18 of this provision;

development of the parcel of land - construction or reconstruction of capital structures and buildings on the parcel of land. It is performed both with change, and without change of purpose of the parcel of land and/or capital structures;

the authorized person of primeriya - the specialist of service of land management of primeriya of the village (commune), city (municipium) which based on the order of primeriya has the right to perform acceptance and consideration of the applications about forming of the parcels of land of public property and to prepare documentation necessary for adoption of the relevant decision.

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