LAW OF THE REPUBLIC OF MOLDOVA

of July 20, 2020 No. 155

About introduction of amendments to the Law on the inventory of real estate No. 1543/1998

The Parliament adopts this organic law.

Art. I. - In the Law on the inventory of real estate No. 1543/1998 (Official monitor of the Republic of Moldova, 1998, Art. No. 44-46, 318), with subsequent changes, to make the following changes:

1. In Article 2:

in the concept "specialized inventory" of the word "about real estate" shall be replaced with words "about subjects to registration";

state the concept "structure" of the following edition:

"structure - the building or construction of capital nature which can be independent subject to state registration;";

in the concept "geometrical plan" of the word "on the area" shall be replaced with words "on the area or based on land or cartographic materials";

state the concept "state registration of property rights on the real estate unit (further-registration of the rights)" of the following edition:

"state registration of the rights to the real estate unit (further - registration of the rights) - entering into the real estate register of record about the real estate unit, its components, registration of the rights, introduction of record about owners, other rights, facts and legal relationship, stipulated by the legislation, and also modification of the real estate register;";

in the concept "real estate register" of the word "and property rights on them;" shall be replaced with words ", about the rights which are subject to registration, other rights, the facts and legal relationship provided by the law;";

in the concept "primary state registration" of the word "property rights on it and owners;" shall be replaced with words "about the property right, on circumstances, other rights which are subject to registration and also about owners;";

state the concept "current state registration" of the following edition:

"the current state registration - registration of the property right after the first registration, registration of other rights which are subject to registration, introduction of mark about other rights, the facts, legal relationship stipulated by the legislation;";

after the concept "current state registration" to add Article with concept of the following content:

"modification of the real estate register - entering of any records into the real estate register, except primary state registration and the current state registration, and also any removal of records;";

in concept "registrar" of the word "the real estate unit and the rights to it, in accordance with the established procedure to enter records in the real estate register and to correct them;" shall be replaced with words "the rights to real estate units in accordance with the established procedure;";

add Article with two concepts of the following content:

"the interested person - the person having or having the registered right in the real estate register including his heirs, the right which was infringed by introduction of new record; person who cannot register the right, because of the record existing in the real estate register, not the corresponding real legal situation; the creditor who cannot turn collection on this right because it is not registered in the real estate register or is registered addressed to other person;

Central Bank of data of the inventory of real estate - the database containing information and data on the real estate units and property rights registered in the real estate register on the cost of real estate units for the purpose of the taxation, information from the digital cadastral plan and information from the State register of administrative and territorial units and addresses.".

2. In Article 4:

part (to state 2) in the following edition:

"(2) Subjects to registration are the real estate, its components provided by this law, the corporeal rights to the real estate units, other rights, the facts and legal relationship provided by the law.";

add Article with part (2-1) following of content:

"(2-1) For the purpose of this law real estate treat as the real estate units determined by those the Civil code, and provided by the Law on enforcement of the Civil code of the Republic of Moldova No. 1125/2002.";

part (to state 3) in the following edition:

"(3) are subject to Obligatory registration in the real estate register:

a) parcels of land;

b) buildings and other main structures of capital nature, irrespective of whether they are real estate or its components;

c) the isolated rooms, including units of condominium, together with respective share in the property right or superficies on the earth and on general parts of structure.";

part (to add 4) after the words "can be registered" with the words "auxiliary buildings", and word "the isolated water objects", to exclude;

add Article with part (4-1) following of content:

"(4-1) Property right to long-term plantings for benefit of another than the owner of land of person are registered after registration of the right of superficies or along with it, except for the legal relationship which arose till March 1, 2019.";

part (to state 5) in the following edition:

"(5) In the real estate register the right of management, economic maintaining, right to use by the parcels of land of the state or administrative and territorial units and concession can be also registered.";

add Article with parts (5-1) and (5-2) following contents:

"(5-1) V the cases provided by the law are entered mark about the rights, transactions, the facts and legal relationship connected with the real estate registered in this register in the real estate register.

(To 5-2) Each real estate unit which is subject to registration cadastral number is assigned. Cadastral number is assigned also to structures and long-term plantings even if they are component of the real estate unit.";

part (6) after word "stalls", to add with the words "other temporary structures".

3. Part (1) Article 5 to recognize invalid.

4. In Article 6:

in part (1) words "to any physical person who showed the document proving his identity according to the written application of this person and any legal entity by its official request." shall be replaced with words "to any person who showed the document proving his identity and submitted the written application or the statement in the form of the electronic document signed by the strengthened qualified digital signature and to any body or public organization for official request.";

in part (1-1) words", and also about the cost of the obligation provided with mortgage" to exclude;

in part (2) word "are provided only to owners", shall be replaced with words "it are provided to owners,", and after the first offer to add part with the text: "Copies of the proving documents which formed the basis for registration of the rights except for of agreements, are provided also to the present owner of object even if it is not specified in the document. Copies of the proving documents which formed the basis for registration of the rights are provided also to heirs, and also those to whom the rights were yielded or concerning whom there was replacement of the right. Copies of the proving documents which formed the basis for registration of the rights of one of spouses can be provided to the spouse for benefit of whom the mark about the right of common property of spouses is brought. Copies of documents based on which the mark about imposing of measures of providing is brought except for those which are applied in case of criminal prosecution, are provided also to owners of the registered rights or rights which are subject to registration. Copies of documents on construction or reconstruction of buildings are provided also to the managing director of the building.";

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