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LAW OF THE REPUBLIC OF MOLDOVA

of February 25, 1998 No. 1543-XIII

About the inventory of real estate

(as amended on 15-11-2018)

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 real estate 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 firmly connected with the earth which movement is impossible without damage to its appointment. 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 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 property rights on the real estate unit (further - registration of the rights) - entering into the real estate register of record about the real estate unit, about the property right and other property rights to it, and also about owners;

the real estate register - system of the records about real estate units and property rights executed according to this law on them;

primary state registration - entering of the first record into the real estate register about the real estate unit, property rights on it and owners;

the current state registration - modification of the real estate register;

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 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;

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.

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 the Agency of the state services.

(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 real estate, the property right and other corporeal rights to the real estate unit.

(3) the real estate registered in the real estate register treat:

a) parcels of land;

b) buildings and constructions firmly connected with the earth;

c) apartments and other isolated rooms.

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

(5) In the real estate register, except the corporeal rights which subject is the real estate can be registered in cases, stipulated by the legislation, rights to claim, dispositive facts or legal relationship in connection with the real estate.

(6) Booths, stalls, 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) real estate units and the rights to them provided by parts (2) and (3) Article 4 are subject to Obligatory registration.

(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 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. 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 the physical person, and also about cost provided with mortgage of the obligation 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 only 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. 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) Agency of the state services 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;

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