LAW OF THE REPUBLIC OF MOLDOVA

of February 25, 1998 No. 1543-XIII

About the inventory of real estate

The parliament adopts this law.

Chapter I General provisions

Article 1. Scope of the law

(1) This law determines procedure for creation and maintaining the inventory of real estate which provides public recognition of the property right and other property rights on real estate units, protection of these rights by the state, support of system of the taxation and the real estate market.

(2) This law extends to the legal relationship connected with the real estate which is in country limits irrespective of type of property and appointment, certain legislation as possible subject to registration.

Article 2. Basic concepts

For the purpose of this law the following basic concepts are used:

the inventory - the state information system containing records about the earth, the related objects and rights to them. Consists of the inventory of real estate and specialized inventories;

the inventory of real estate - the main inventory which is single multipurpose system of state registration of real estate units and the rights to them and also cost assessment of these objects;

the specialized inventory - the inventory including the systematized data on subjects to registration depending on the natural and other features determined by the legislation. Also other inventories belong to specialized inventories water, forest, town-planning;

the parcel of land - the part of the territory having the closed borders which area, location and other characteristics are reflected in the inventory of real estate;

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

the isolated room - internal part of structure, from divided from other adjacent parts of this structure walls or partitions without doorways and having separate exit to the landing, in corridor public, to the yard or on the street;

border - the imagined or physical line designating extreme points of the parcel of land and separating it other parcels of land. It can be designated on the area by material objects;

the cadastral plan - the graphical representation of the territory containing data on location, borders and cadastral numbers of the parcels of land, and also other data;

the geometrical plan - the technical document constituted as a result of measurements on the area or based on land or cartographic materials with indication of borders of the parcel of land and structures located on it;

cadastral number - the individual, not repeating in the territory of the country number of the real estate unit assigned according to the stipulated by the legislation procedure and kept during the entire period of existence of the real estate unit as single object of the right;

conditional cadastral number - the temporary cadastral number assigned to the real estate unit in case assignment of cadastral number is impossible, and subject replacement by cadastral number;

cadastral case - the systematized collection of documents of title, schemes, plans, drawings and other documents for each real estate unit;

monitoring of real estate units - watch system behind changes of structure of real estate units and transition or encumbrance of the rights to them;

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;

the real estate register - system of the records about real estate units, about the rights which are subject to registration, other rights, the facts and legal relationship provided by the law executed according to this law;

primary state registration - entering of the first record into the real estate register about the real estate unit, about the property right, on circumstances, other rights which are subject to registration and also about owners;

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;

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;

the title document - the agreement, the administrative act or other stipulated by the legislation document which is the basis for origin, change or the termination of property rights;

encumbrance - property rights on the real estate unit of persons who are not his owners (mortgage, lease, the servitude, etc.);

the registrar - the official having the right to consider documents of title and to make the decision on registration of the rights to real estate units in accordance with the established procedure;

the registrar-trainee - person passing training in territorial cadastral authority on the basis of the individual employment contract signed according to the labor law;

objects of technical infrastructure – underground and land networks of supply with drinking and technical water, sewer networks, networks of central heating, electro-and gas supply, electronic communications, etc., ways of movement of vehicles, land structures for placement of electrical units, the pumping and compressor stations, other structures and installations which are part of technical equipment of public or general meaning, and also network of the real estate unit or networks, adjacent to it;

electronic archive – the structured storage of documents storing electronically without change of contents of documents, the cadastral case, the real estate register, other cadastral documents providing integrity, invariance and data security;

the interested person - the person having or having the registered right in the real estate register including his heirs, the right which was violated 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.

Article 3. Purposes and structure of the inventory of real estate

(1) the Inventory of real estate (further - the inventory):

a) is the main inventory of the country in which all real estate units of the country are identified, described, estimated and are reflected in cadastral plans, and also the rights of their owners are registered;

b) serves as the instrument of realization of powers of the state on management of land resources, protection of the state and private interests in the legal relationship connected with real estate units;

c) is system of protection of owners of property rights on real estate units;

d) serves as open system of informing members of the real estate market and bodies of the public power, including    State Tax Administration and territorial bureaus of National council on the legal aid guaranteed by the state.

(2) the Inventory is created and kept by territorial cadastral authority in zone of its activities determined by organization with powers by realization of state policy in the field of the inventory of real estate.

(3) the Inventory consists of cadastral plans of the territories, real estate registers and cadastral cases on each real estate unit.

Article 4. Subjects and subjects to registration

(1) Subjects of registration are owners of real estate units and other owners of property rights, namely: citizens of the Republic of Moldova, foreign citizens, stateless persons, legal entities of the Republic of Moldova and other states, international organizations, Republic of Moldova, its administrative and territorial units, foreign states.

(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.

(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.

(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.

(4) In the real estate register the auxiliary buildings, parking spaces in the building differentiated according to instructions for accomplishment of cadastral works, subsoil plots, and also the long-term plantings created according to regulations, stipulated by the legislation.

(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.

(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.

(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.

(6) Booths, stalls, other temporary structures, barriers, walls, land marks, asphalt covering, cranes, other structures and installations which functions are directly connected with the parcel of land or the main building and which cannot be created as independent objects of the right according to the Law on forming of real estate units No. 354-XV of October 28, 2004 and also objects of technical infrastructure are not registration subject in the real estate register.

Article 5. Obligation of registration

(1) Voided.

(2) Registration of real estate units and the rights to them is performed by exclusively territorial cadastral authorities in which zone of activities there is real estate unit.

Article 6. Openness of data on registration

(1) Registration has open character. The body performing registration shall within seven working days or to submit necessary information on all registered rights to any real estate units within other term provided by the law 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. Statements on real estate units, data on which are the state secret, are not issued.

(1-1) Data on the state identification number (IDNP), o birth date and the residence of physical person are provided to persons who have the registered right in Sections A, B or C of the real estate register, their representatives, and also the notaries, lawyers, financial institutions, the companies providing services in the real estate or performing cadastral works, to persons and bodies specified in Items b) – i) parts (2-3) Articles 6 and parts (3) article 8 of this law, to other persons who prove according to the Marine life protection act of personal data No. 133 of July 8, 2011 the purpose of processing of personal data.

(2) Data on terms of transaction and the copy of the proving documents which formed the basis for registration of the rights to the real estate unit are provided to the owners specified in the document or participants of the transaction, their representatives, and also degrees of jurisdiction, bodies of prosecutor's office, criminal prosecution authorities, Service of information and safety, legal executives, liquidators and managing directors of insolvency processes, bodies with control functions which shall prove the purpose of processing of personal data according to the Marine life protection act of personal data No. 133 of July 8, 2011. 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. If the proving document is the electronic document signed by the strengthened qualified digital signature (further – the electronic document), the copy of the electronic paper document certified by the registrar and containing information that it is the copy of the electronic document is on demand issued.

(2-1) Information on the registered rights to the real estate unit are provided on demand to physical persons and legal entities by means of ensuring access to Central Bank given the inventory of real estate according to the current legislation about data exchange and interoperability.

(2-2) Organization with powers on realization of state policy in the field of the inventory of real estate and its territorial structures shall provide at the request of the owner to it in writing information on persons who received data on real estate units on which it has certain rights.

(2-3) the Systematized data on the real estate units belonging on the property right to the individual are provided only:

a) to the owner or his representative;

b) to bodies of prosecutor's office, criminal prosecution authorities, Service of information and safety, degrees of jurisdiction and legal executives, territorial bureaus of National council for the legal aid guaranteed by the state;

c) To Audit Chamber - for ensuring its activities;

d) To the State Tax Service;

e) to the liquidator managing insolvency process - on the objects belonging to the managed person;

f) to persons having the right to inheritance of property of the owner - in case of his death;

g) to the notary at whom under consideration heritable production is;

h) to bodies of local public authority;

i) To national authority on integrity for execution of its powers, according to the signed agreement;

j) To the Ministry of Health, work and social protection;

k) to deputies of Parliament of the Republic of Moldova, for ensuring their activities, through the Secretariat of Parliament, according to the provision approved by Permanent bureau;

l) To competition council - for ensuring its activities;

m) The organizations for development of entrepreneurship – for check of compliance to conditions of selection of physical persons within the state program "First house".

(2-4) the Systematized data on the real estate units belonging on the property right to the individual are provided specified in Items b) - e) and g) - l) parts (to 2-3) bodies and persons in electronic form or by ensuring access to Central Bank of data of the inventory of real estate on the terms of the legislation on data exchange and interoperability. The bodies and persons specified in Items b) – k) parts (2-3), shall prove the purpose of processing of personal data according to the Marine life protection act of personal data No. 133 of July 8, 2011. To persons specified in Items and) and f) parts (2-3), such information is provided on paper or in electronic form. Provision term on paper or in electronic form of data on property of person cannot exceed 15 working days.

(3) Information on the registered rights to real estate units is provided for a fee, except as specified, provided by part (3) Article 8.

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