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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 24, 2007 No. 1451

About approval of the Regulations on procedure for provision, change of appointment and exchange of lands

(as amended on 25-04-2016)

For the purpose of execution of Articles 8, 10, 15 and 71 Land codes No. 828-XII of December 25, 1991 (repeated publication: The official monitor of the Republic of Moldova, 2001, No. 107, the Art. 817) and Articles 11, 12 and 14 Laws No. 1308-XIII of July 25, 1997 on the standard price and procedure for purchase and sale of the earth (The official monitor of the Republic of Moldova, 1997, Art. No. 57-58, 515) DECIDES: the Government

1. Approve Regulations on procedure for provision, change of appointment and exchange of lands according to appendix No. 1.

2. To the agency of land relations and inventory to systematize offers of the ministries, other central administrative authorities and bodies of local public authority on provision, change of appointment and exchange of lands and in accordance with the established procedure to make to the Government relevant proposals.

3. Recognize invalid some orders of the Government according to appendix No. 2.

Prime Minister

Vasile Tarlev

Countersigns:

Minister of Agriculture and food industry

 

Anatoliye Gorodenko

Appendix № 1

to the Order of the Government of the Republic of Moldova of December 24, 2007 No. 1451

Regulations on procedure for provision, change of appointment and exchange of lands

I. General provisions

1. The regulations on procedure for provision, change of appointment and exchange of lands (further – the Provision) establish procedure:

a) provisions of lands of public property of the state, and also administrative and territorial units in use to the public and local government offices, the organizations and the companies for implementation on them the activities;

b) changes of category of appointment and procedure for use of lands, irrespective of property type, in connection with transfer of lands from one category in another, and also in other type of land use;

c) exchange of lands of the private sphere of public property of the state for lands of public property of administrative and territorial units and the earth of public property of administrative and territorial units for lands of public property of the state, and also the earth of public property of administrative and territorial unit on lands of public property of other administrative and territorial unit.

2. For establishment and change of category of purpose of lands cadastral case according to the requirements specified in the Instruction developed and approved by the Agency of land relations and inventory is drawn up. Cadastral case is drawn up on the basis of the contract with interested persons by the State company "Design Institute on Land Management".

3. Approval of cadastral cases of the ministries, other central and administrative authorities and bodies of local public authority is performed by the bodies specified in the agreement.

4. The ministry, other interested central administrative authority considers and no more than 10 working days approve cadastral case in time. In case of non-presentation of the conclusion at the scheduled time the conclusion is considered positive.

II. Provision in use of lands of public property of the state and administrative and territorial units

A. The general principles of provision of lands in use

5. It are provided to the public and local government offices and the companies in use of the earth of public property of the state and according to administrative and territorial units for implementation on them the activities.

6. The earth of public property of the state and according to administrative and territorial units can be provided in use to the non-profit organizations which are performing charitable or socially useful activities, not pursuing the aims of profit earning (commercial purposes).

7. For construction of industrial, housing-and-municipal facilities, iron and highways, power lines and telecommunications, bulk distribution lines, and also for subjects to agricultural (forestry and landscape) purpose the lands which are not used in agricultural (forestry and landscape) production, and also lands with the low level of fertility of soils are provided first of all (level of assessment of natural fertility less 40) and not covered with the wood.

8. Provision of lands is performed based on documentation on the organization of the territory and town planning according to the order of the Government for lands of state-owned property and according to the decision of authorized body of local public authority – for lands of administrative and territorial unit.

9. For placement of construction object users of lands shall remove fertile layer of earth from all territory of the building site according to the project documentation.

10. The construction of power lines below 35 kV and lines of electronic communication is performed, as a rule, along roads, on the territory of the lands which are not used in agricultural industry, or used as pastures according to documentation on town planning and arrangement of the territory without seizure of land at owners of lands. Placement of the specified lines shall be approved with owners of lands and bodies of local public authority.

11. By provision of several parcels of land under construction of one object one cadastral case, irrespective of number of owners is drawn up.

12. Along with provision of lands of public property also the category of purpose of lands can be changed (if necessary). In this case cadastral case on provision of lands shall be added with the materials provided in Item 32 this provision.

B. Procedure for provision of lands for public property of the state in use to organizations and the state companies

13. The organizations, the state companies interested in provision in use of lands of public property of the state send the petition to the Agency of land relations and inventory for creation of the draft of the order of the Government to which are applied:

a) copy of the registration certificate;

b) the conclusion of the ministry, other central administrative authority under which supervision the legal entity interested in provision of lands is;

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