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LAW OF THE REPUBLIC OF MOLDOVA

of October 28, 2004 No. 354-XV

About forming of real estate units

(as amended on 09-11-2023)

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Law scope

(1) This law determines procedure for forming of real estate units depending on their owner and appointment.

(2) the Subject of this law are forming of real estate units and their components as subjects to registration in the real estate register by allocation of part of object, separation, consolidation, combination or rebreakdown of the real estate units registered in the real estate register, and registration of the created real estate units.

(3) the Legal relationship connected with emergence of new real estate units by their construction are regulated by regulations in the field of construction.

(4) the Legal relationship connected with differentiation of public property are regulated by the Law on differentiation of public property No. 29/2018 and the Regulations on procedure for differentiation of real estate units of public property approved by the Order of the Government No. 63/2019.

Article 2. Basic concepts

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

forming of the real estate unit - complex of the works performed for the purpose of emergence of the new real estate unit as independent object of the right by allocation of part of object, separation, consolidation, combination or rebreakdown of the objects registered in the real estate register;

conditions of forming of the real estate unit - the rule and the requirement which execution is obligatory for forming of the real estate unit;

the initial real estate unit - the real estate unit on the basis of which the new real estate object is created;

the cadastral engineer - person having the corresponding education in the field of the inventory, the worker of the contractor of cadastral works performing works on forming of real estate units;

the project of the organization of the territory – the complex of technical, economic, legal, agrotechnical and ecological measures oriented to rational use of farmlands.

Article 3. The subjects initiating forming of real estate units

Forming of real estate units is initiated:

a) the owner of the real estate unit, including the state or administrative and territorial unit, through bodies, authorized to manage this property;

b) owners of property rights (economic maintaining, lease, etc.) - with the consent of the owner;

c) degree of jurisdiction, legal executives and the State Tax Administration - in the cases provided by this law.

Article 4. Purposes of forming of the real estate unit

Forming of the real estate unit can be performed in any purposes which are not contradicting the legislation including for the purpose of:

a) transfers of the parcel of land to physical person or legal entity to property or to use according to the law;

b) implementation of transactions with real estate units;

c) developments of the parcel of land by construction or reconstruction of the buildings placed on it and other structures;

d) separations of the real estate unit which is in common property;

e) allocations in nature of share of the founder from property of the legal entity;

f) exchange of the parcels of land, including for the purpose of their compact placement;

g) separations or associations of real estate units in connection with reorganization or liquidation of the legal entity;

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