ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 16, 2008 No. 1428

About approval of the Regulations on purchase and sale and delivery for rent / lease of the adjacent parcels of land

For the purpose of execution of provisions of the subitem of f-1) of part (3) Article 7 and Art. 53 of the Law No. 121-XVI of May 4, 2007 on management of public property and its privatization (The official monitor of the Republic of Moldova, 2007, Art. No. 90-93, 401) DECIDES: the Government

1. Approve Regulations on purchase and sale and delivery for rent / lease of the adjacent parcels of land it (is applied).

1-1. Owners of real estate (buildings, constructions, construction in progress) till July 1, 2016 shall legitimize ownership/use of the parcel of land of public property of the state adjacent to private structures, by the conclusion of the agreement of delivery for rent / lease or purchase and sale.

1-2. The agency of public property or if necessary body of the central public management in which administration there are sites in case of non-confirmation of the property right to private structures according to provisions of Item 1-1 of this resolution, requests from them payment for use of the parcel of land of the state-owned public property adjacent to private structures, according to the current legislation.

1-3. Ceased to be valid

2. Declare invalid the Order of the Government No. 562 of October 23, 1996. "About purchase and sale of the adjacent parcels of land" (The official monitor of the Republic of Moldova, 1996, Art. No. 75-76, 610).

Approved by the Order of the Government of the Republic of Moldova of December 16, 2008 No. 1428

Regulations on purchase and sale of the adjacent parcels of land

I. General provisions

1. The regulations on purchase and sale and delivery for rent / lease of the adjacent parcels of land (further - provision) are developed based on the subitem of f-1) of part (3) Article 7 and article 53 of the Law No. 121-XVI of May 4, 2007 on management of public property and its privatization, the Law No. 1308-XII of July 25, 1997 on the standard price and procedure for purchase and sale of the earth, the Land code and other regulations.

2. This provision establishes conditions and procedure for purchase and sale, delivery for rent / lease of the adjacent parcels of land of the private sphere of the state and administrative and territorial units, including construction in progress, and also the parcels of land adjacent to the private objects created out of process of privatization, the parcels of land of agricultural purpose, adjacent to the private structures provided as cost share in property of agricultural enterprises (the warehouses, refrigerators intended for storage of agricultural products, currents, repair shops, constructions for storage of agricultural mechanisms (aggregates), livestock farms, including fishery objects, drying and irrigational constructions if they were not referred to other category of appointment) which are used for the purpose of agricultural and agro-industrial production (further - the adjacent parcels of land).

3. The adjacent parcel of land consists of the parcel of land on which real estate (buildings, constructions, construction in progress), and the adjacent territory used in engineering procedure and/or for their servicing is directly located.

4. Requirements of this provision do not extend to sites:

1) public sphere;

2) adjacent to the apartment houses and objects privatized or private, located in apartment houses;

3) being in zones of water resources, in rest areas, parks, public gardens and squares or intended for development of engineering networks and social needs according to the plan of improvement of the territory of administrative and territorial unit and the master town-planning plan of settlements of this unit, approved in accordance with the established procedure, adjacent to objects of the state material reserves, mobilization reserves or to subjects to civil protection, not privatizeable;

4) adjacent to objects, not privatizeable;

5) polluted by chemical or radioactive materials or infected with dangerous biological medicines;

6) adjacent to the objects transferred to the privatized companies to economic board;

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