ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 16, 2025 No. 201

About approval of the Regulations on procedure for entering of records into the real estate register

Based on part (5) article 35 of the Law No. 1543/1998 on the inventory of real estate (repeated publication in the Official monitor of the Republic of Moldova, 2021, Art. No. 88-95, 79), with subsequent changes, DECIDES: the Government

1. Approve Regulations on procedure for entering of records into the real estate register it (is applied).

2. To provide to the agency of geodesy, cartography and inventory realization of the Regulations on procedure for entering of records into the real estate register.

Approved by the Order of the Government of the Republic of Moldova of April 16, 2025 No. 201

Regulations on procedure for entering of records into the real estate register

Chapter I. General provisions

1. The regulations on procedure for entering of records into the real estate register (further – the Provision) establish:

1.1. structure and contents of the real estate register (further – the Register);

1.2. procedure of filing of application and supporting documents necessary for registration of the rights to real estate;

1.3. rules of entering of records into the Register;

1.4. features of registration of certain rights.

2. Conditions of this provision are obligatory for the staff of cadastral bodies which activities are connected with obtaining, consideration and preparation of documents for registration, registration of real estate and property rights for it in the Register, and also for applicants on receipt of registration services.

3. Subjects to registration in the Register are:

3.1. parcels of land;

3.2. buildings and other main structures of capital nature, irrespective of whether they are real estate or its components; on demand also auxiliary buildings of capital nature can be registered;

3.3. the isolated rooms/units of condominium (apartments, other isolated rooms and parking spaces in buildings), together with respective share in the property right or superficies on the parcel of land and on general parts of structure;

3.4. the subsoil plots determined as the parcels of land, with structures or without structures, held for use the found or underground fields, or underground spaces with structures or without them, intended for operation which existence in both cases is documented by means of perimeter of the mountain field;

3.5. the long-term plantings determined as the plantings of long-term cultures created according to regulations, stipulated by the legislation.

4. Booths, stalls, other temporary structures, barriers, walls, land marks, asphalt covering, cranes, structures and installations which functions are directly directly connected with the parcel of land or the main structure and which cannot be created as independent objects of the right according to the Law No. 354/2004 on forming of real estate units, and also objects of technical infrastructure are not subjects to registration in the Register.

Chapter II. Structure and contents of the register

5. The register is kept by territorial cadastral authority of the real estate within its competence established by Public institution "Inventory of real estate".

6. The register is stored on termless basis.

7. The register consists of three Sections: A, B and C:

7.1. Sections A and B are kept together and contain records about the parcel of land and the structures located on it;

7.2. the Section C which contains records about the isolated rooms opens if the structure is divided into the isolated rooms (units in condominium). The Section C opens for each isolated room (unit in condominium) buildings.

8. Each of Sections of the Register consists of three subsections: I, II and III:

8.1. the subsection I contains the records relating to the real estate unit;

8.2. the subsection II contains the records relating to the property right;

8.3. the subsection III contains the records relating to the other real rights and other encumbrances which, in turn, consists of two parts:

8.3.1. the first part contains the records relating to other rights which are subject to registration such as superficies, usufruct, use, the right to accommodation, the servitude encumbering the real estate unit, mortgage, right to use of the parcels of land belonging to the state or administrative and territorial units, concession, the right of administration and the right of economic use;

8.3.2. the second part contains the records relating to the rights to receivables and the facts or the legal relations concerning real estate.

9. Communication between subsections of the Register consists that the property rights of the owner specified in subsection II arise only concerning the real estate units specified in subsection I with the property encumbrances listed in subsection III.

10. For management of the Register are used:

10.1. cadastral and geometrical plan;

10.2. cadastral case;

10.3. technical case;

10.4. magazine of statements.

Chapter III. Procedure of primary selective registration and current registration

Part 1. Documents acceptance, given at servicing window

11. Documents acceptance for registration is performed by the registrar.

12. Reception of an application and documents for registration of the real estate unit and the rights to it is performed only on visiting days and reception time and only in the established room.

13. The statement for registration of the real estate unit and the rights to it moves in triplicate to which the documents confirming the property right, and also other documents necessary for registration are attached.

14. If the legal act is certified notarially or issued by body of the public power, for registration the original document or its verified copy and the simple copy moves.

15. On the simple copy of the document confirming the property right, the registrar does mark that the copy corresponds to the original or the verified copy, signs it and seals the registrar then the document joins cadastral case.

16. The legal acts relating to real estate units, constituted in simple written form move at least in two original copies from which one, after registration implementation, joins cadastral case.

17. The registrar fills in the application form in information system based on the data and documents shown by the applicant then the application is printed out and signed by the applicant who by hand enters the complete name and surname and signs the application the signature identical to that which is available for it in the identity certificate.

18. Documents for registration of the rights can be filed and in electronic form, signed by the qualified strengthened digital signature. Documents go to the e-mail address reported by the registrar of window of servicing.

19. The registrar has the right to make copies from the filed documents.

20. The statement for registration of the real estate unit and supporting documents can be filed:

20.1. person who acquired the rights to the real estate unit based on the law, the legal act, by inheritance, by succession of the rights, based on the judgment, the administrative act, or otherwise, the provided law. In case of objects of common joint property, the application can be submitted by any of joint owners. The statement for registration of the right based on the legal act which is not certified by the notary is signed by both parties under the legal act. The application for registration can be submitted also by the minor, or the adult concerning whom the judicial measure of protection is established;

20.2. the either party, if documents which confirm their rights are certified notarially or published by body of the public power. If the application for registration is submitted by person who requires right exception, this person shall provide also necessary data for registration of the owner who is subject to registration;

20.3. parents, adoptive parents or guardians, if the application is not submitted personally by the minor;

20.4. representatives of physical persons and legal entities;

20.5. the legal executive during the executive procedure;

20.6. persons having the status of heirs for correction, change or adjustment of material mistakes in the register;

20.7. the notary who certified the legal act;

20.8. the authorized administrator stipulated by the legislation in cases;

20.9. the interested person, with submission of the judgment published according to Article 326 of the Civil code of the Republic of Moldova No. 1107/2002; 20:10. the creditor pursuing receivables.

21. Powers of the representative of the owner are confirmed by the power of attorney, or, depending on circumstances, the following documents:

21.1. for minors:

21.1.1. parents or adoptive parents – based on the identity certificate and the certificate of birth of the child, or other document which confirms their status;

21.1.2. the guardian or the custodian – based on the order of body of guardianship about appointment of a guardian or the custodian, the certificate of birth of the child and the identity certificate of the guardian or the custodian;

21.1.3. the administrator, in case of the conclusion of the property trust management agreement which belongs to the minor who is under guardianship – based on the identity certificate and the property trust management agreement, concluded with body of guardianship or family council;

21.1.4. the representative of public organization of the public assistance, educational or educational institution, medical or other similar institution, if the minor has no parents or adoptive parents, or the guardian was not appointed – based on the identity certificate, the power of attorney on behalf of organization or other document confirming the right to represent organization, and also the documents confirming the fact of the placement of the owner to similar organization;

21.2. for persons concerning whom the measure of judicial protection, the guardian was chosen the custodian or the temporary defender shall provide the identity certificate which came into final force the judgment on appointment, or the solution of family council on appointment of a guardian, and also confirmation from body of guardianship about the date of receipt of the decision and that fact that this body did not push objections against the solution of family council;

21.3. the guardian or the custodian – based on the identity certificate and the order of body of guardianship about appointment of a guardian or the custodian;

21.4. for persons concerning whom the measure of judicial protection in the form of the order about protection in the future was chosen the principal shows the order about protection in the future, the power of attorney or other legal act which contains the order about protection in the future which shall be kontrassignovan is under seal and shall contain date of countersign territorial or local authority of guardianship;

21.5. for it is unknown the absent persons – the decision of degree of jurisdiction on appointment of the administrator, the trust management agreement signed between the administrator and body of guardianship and the identity certificate of the administrator;

21.6. representatives of legal entities – the original or the copy of the charter, the regulations or the constituent document, the data of the State register of legal entities and individual entrepreneurs this from other register, stipulated by the legislation about the head (administrator) of the company or organization, and in case of the representative, the other person, than the head (administrator) – including based on the power of attorney issued in accordance with the established procedure which contains data on date of issue, limits of competence and completion date of powers. The legal entity can be provided also based on the agreement of the order;

21.7. the nonresident representative of legal nonresident person – the constituent document of the foreign legal entity, the statement from the national register of the country in which the legal entity and the national passport with the notarized translation into Romanian, and in case of the representative who is not the head (administrator) – including based on the power of attorney issued in accordance with the established procedure was created;

21.8. the lawyer – the mandate which contains obvious powers for filing of application on registration of the right concerning the real estate unit for the benefit of the client.

22. The documents published by authorities of member countries of the Hague Convention concluded on October 5, 1961 shall contain apostille, according to the established sample. The documents constituted by authorities of the states which are not members of the Hague Convention concluded on October 5, 1961 or which provided objections in its occasion shall be supralegalizovana (shall have consular legalization). The documents issued by notaries and other authorities of the states with which the Republic of Moldova signed agreements on mutual recognition of official documents without supralegalization or apostilles do not require supralegalization or putting down apostilles.

23. The applicant submits to the registrar the following documents:

23.1. identity document:

23.1.1. buletin / ID card or passport;

23.1.2. the certificate of birth of minors if the application is submitted by the representative. The certificate of birth is not required if the application is submitted by the parent, and information can be obtained from the state registers and information systems to which the registrar has access;

23.1.3. national passport of the foreign citizen;

23.1.4. identity certificate of the stateless person or residence permit;

23.1.5. the certificate granted by registration authorities of acts of civil status about change of surname, name, middle name – in case of discrepancy of data of the identity certificate of person and these documents which confirm origin, transfer or the termination of the right, except as specified, when information can be obtained by the registrar from the state registers and information systems;

23.2. the certificate on state registration or the decision on registration, depending on circumstances, and also originals of constituent documents, or their copies, for legal entities. The certificate on state registration or the decision on registration are not represented if information can be obtained by the registrar from the state registers and information systems;

23.3. the certificate on assignment of fiscal code or the certificate confirming identification of person in the State tax register, issued by the State Tax Administration in case of registration of the property right of legal/physical litsnerezident, except as specified, when information can be obtained by the registrar from the state registers and information systems;

23.4. the power of attorney confirming powers of the representative moves in the original. If based on the power of attorney the physical person is provided, then the power of attorney shall be certified notarially. If the power of attorney is issued only for accomplishment of one transaction of registration, its original is enclosed to the application, and in case of the general power of attorney the copy certified by the registrar is enclosed to the application;

23.5. the documents which are the basis for origin, change or the termination of the rights according to the requirements provided in Items 14-17. Can be these documents:

23.5.1. the administrative acts published by bodies of the public power representatives in stipulated by the legislation procedure;

23.5.2. the contracts concerning real estate units signed according to the current legislation for date of their conclusion;

23.5.3. the provisional agreement, the declaration on execution of option certified notarially and also confirmation of their message to other party (it can be the registered mail with assurance of receipt or the certificate confirming transfer and the obtaining issued by the notary with appendix of the verified copy of assurance of receipt;

23.5.4. certificate on inheritance;

23.5.5. decisions of degrees of jurisdiction;

23.5.6. the documents certifying the right of owners of lands, and other documents (certificates) on the rights to the real estate units issued by authorized bodies of the public power according to the procedure, established by the legislation;

23.5.7. the protocols on acquisition of real estate units at the biddings constituted by the legal executive and confirmed with the conclusion of degree of jurisdiction, or the conclusion of degrees of jurisdiction about confirmation of the conclusions of legal executives about cession of property or protocols of transfer of property on the real estate units constituted by legal executives, published for the purpose of execution of judgments on transfer of objects;

23.5.8. protocols of the biddings, acts of withdrawal of the awarded real estate and the certificates of complete payment granted by the liquidator or acts of withdrawal of the real estate which is not awarded as a result of the biddings and also the certificates of complete payment granted by the liquidator or the statements of department of the real estate unit from structure of debit weight which are drawn up by the administrator of the procedure insolvency/liquidator, the documents confirming the property right of person who requested department of the real estate unit from debit weight;

23.5.9. the certificate granted by housing cooperative or garage building cooperative or the reference issued by Owners' Association in condominium in case of reorganization of housing cooperative or garazhnostroitelny cooperative in Owners' Association in condominium;

23.5.10. other documents certifying the origin, transfer or repayment of the rights to real estate issued or constituted according to the current legislation for date of origin, transfer or repayment of these rights.

24. The documents submitted for registration of the rights shall individualize the real estate unit (to contain its description) and to specify the right which shall be entered in the register or is excluded from it, and also names of the parties, their valid signatures, and in cases, stipulated by the legislation they shall be certified notarially and confirmed with seal. If the document consists of two or more sheets, they shall be numbered and stitched, or are fastened together or stitched so that to provide integrity of the document.

25. Primary registration of the real estate unit and the rights to it can take place only in case of existence of the geometrical plan of the real estate unit accepted according to the established procedure.

26. The registrar checks:

26.1. identification data of the applicant and, depending on circumstances, the document confirming powers of the representative with request of data from the State register of the population, the State register of legal entities;

26.2. existence of the documents necessary for registration and their compliance to requirements of article 29 of the Law No. 1543/1998 on the inventory of real estate;

26.3. if the real estate unit or the right requested for registration is subject to entering into the Register;

26.4. information from the Register for the purpose of establishment of existence of the bases for variation of the statement provided in article 31 of the Law No. 1543/1998 on the inventory of real estate;

26.5. inventory data (availability of the geometrical plan accepted in accordance with the established procedure) for primary registration of the real estate unit, modification of the Register in connection with change of the real estate unit, and also in other cases when registration requires the plan, except as specified, when the application on accomplishment of cadastral works and registration in the Register is at the same time submitted.

27. After conducting check the registrar adopts or rejects the statement for registration.

28. In case of variation of the statement for registration it is not registered, but the applicant is offered to fill in the statement in duplicate in which the following data are specified:

28.1. surname and name of the applicant;

28.2. requirements of the applicant;

28.3. the list of the submitted documents;

28.4. date and signature.

29. The registrar specifies the name and surname, the basis for statement variation with reason for rejection explanation then signs in this statement and seals. One copy of the application is issued to the applicant, and the second is archived in accordance with the established procedure.

30. The bases for refusal in reception of an application about registration of the rights the following:

30.1. there is no identity certificate of the applicant or representative;

30.2. the application is submitted by person which does not have on it powers;

30.3. there are no documents, necessary for registration;

30.4. the submitted documents do not conform to the requirements established by the legislation;

30.5. the rights declared to registration are not subject to registration in the Register;

30.6. the right to the real estate unit declared to registration is registered behind other person;

30.7. data in the submitted documents do not correspond to data of the inventory, except as specified, when the discrepancy is caused by technical mistake of territorial cadastral authority;

30.8. there is mark imposing of the sequester or prohibition on alienation or encumbrance of the real estate unit, the right to which is declared to registration, except as specified, when the legal act directly provides that he is imprisoned under the condition suspensive of removal of the sequester or prohibition;

30.9. the payment for registration was not brought;

30.10. registration of the right shall be performed by other territorial cadastral authority;

30.11. the submitted documents contain erasures, additions, the crossed-out words or other corrections which are not stipulated in them or are executed by pencil;

30.12. documents contain serious damages which do not allow to interpret their content unambiguously;

30.13. pages of the submitted documents are not numbered and not stitched or not fastened or not stitched among themselves in the procedure provided by the law if legal documents contain two or more pages;

30.14. the real estate unit or the right requested to registration is not individualized.

31. In case of adoption of documents for registration, the registrar checks payment of cost of service in registration (except for the services rendered gratuitously or which according to the signed agreements, are paid after their rendering) and fills in the application form.

32. The statement contains the following information:

32.1. data on the applicant: surname and name/name, these certificates of the personality / constituent document (IDNP, series and document number, date of birth/IDNO, bank details), home address / legal address, contact phone number;

32.2. data on the representative and the document confirming its powers;

32.3. data on the real estate unit (cadastral number, address);

32.4. the requested service;

32.5. the list of the documents enclosed to the application (the documents forming the basis for registration are described obviously, with indication of numbers and dates, and the documents submitted in addition in copies are specified as "Other documents") and the number of pages);

32.6. surname and name of the registrar;

32.7. cash amount, paid in the advance payment, number of the payment receipt if information is not taken automatically by information system;

32.8. number, date and time of receipt of the statement;

32.9. completion date of the statement.

33. One copy of the application signed by the registrar returns to the applicant.

34. The statement is registered in information system, and account of statements is kept in electronic format.

Part 2. Features of filing of applications about registration by notaries through the platform of development of electronic services (PDES)

35. After assurance of the agreement on transition of the property right or the agreement of mortgage, or after issue of the notarial certificate on the right which is subject to registration in the Register, the notary without fail requires registration of the right by submission of the statement for registration of this right electronically through the platform of development of electronic services (PDES). The application is submitted only if the real estate unit which is subject of the legal act underwent state registration earlier, and also in the absence of prohibitions, sequesters concerning object or other legal circumstances which interfere with implementation of such registration.

36. The application can be submitted by the notary concerning the real estate unit to which sequesters and prohibitions are applied if according to the legal act, the right is acquired on condition of temporary suspension of measures of providing.

37. The statement for registration is submitted the notary who assured or issued the legal act based on which registration in the Register is performed, in case of payment term of expenses on registration.

38. The application for registration can be submitted on behalf of the either party according to the notarial act.

39. Features of submission of statements by notaries are established by Rules of submission of statements by notaries for registration of the rights, by means of platform of development of electronic services approved State by Inventory of Real Estate organization and Notarial chamber.

Part 3. Check and preparation of documents for registration

40. The term of consideration of the application shall not exceed 10 working days from the date of its registration. This term can be prolonged, but no more, than for 40 calendar days if from the applicant, public body or other persons it is required to replace or submit additional documents.

41. Check and preparation of documents for registration of real estate and the rights to it is performed by the registrar. The registrar considers documents of cadastral case, and depending on circumstances, technical case, in electronic format, and as necessary requests documents from archive and considers them on paper.

42. Verification of documents is performed only in working hours and in the special room intended for work with archival materials. Work with archival materials is carried out with observance of requirements of instructions of the National archival agency of the Public archive agency of the Republic of Moldova and Regulations on departmental archive of the Public Institution "Inventory of the real estate" approved by the Agency of geodesy, cartography and inventory.

43. The registrar begins verification of documents with determination of their authenticity, by their studying regarding possible erasures, additions, the crossed-out words and other unacceptable changes. In case of documents in electronic format, it checks validity of digital signatures in accordance with the established procedure.

44. After determination of authenticity of documents the registrar checks completeness of data, document form compliance with legal requirements and takes necessary data from the state registers in electronic format and the state information systems available to it. The document form based on which the rights to real estate units appear, change or settled shall conform to requirements of the legislation of the Republic of Moldova.

45. Having made sure that documents are correct, the registrar:

45.1. considers materials of cadastral case, including decisions on refusal or variation and other documents which are available in case which could influence the decision of the registrar;

45.2. in case of the current registration, checks compliance of data in the filed documents with data in cadastral case and the Register;

45.3. in case of primary registration and also if the real estate unit was registered during primary registration, considers the documents of technical case and cadastral case concerning history of the real estate unit (prohibitions, sequesters, structure of the real estate unit);

45.4. checks the data which are written down in the Register (Sections A and B), belonging to object, the subject, encumbrances, including restrictions, prohibitions, sequesters, marks, both for implementation of entries in Sections A, B, and for implementation of entry in the Section C;

45.5. as necessary constitutes requests in bodies of the public power, to notaries, in degrees of jurisdiction and other bodies, for receipt of additional documents;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info