Tabulation of a real estate - Everything you need to know about this procedure

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01.11.2021
Tabulation of a real estate - Everything you need to know about this procedure
01.11.2021


The explanatory dictionary of the Romanian language defines the tabulation as "Definitive registration of a property deed or a real estate right in the land book". The tabulation in the Land Book implies the mention of the updated information related to a property: the name of the owner, the address of the building, its surface, the legal evolution, etc. It should be mentioned that the tabulation can specify several rights over a building: the right of ownership, usufruct, use and easement, the right of use and the real rights of guarantee, as well as the right of administration, concession.

Based on a document certifying the acquisition of the property, the owner may request a surveyor to make the necessary measurements. He can draw up the cadastral documentation according to the technical norms in force (to identify, register and highlight the building / land in registers, in cadastral plans and on maps), to submit and follow all the stages until approval. Tabulation is indispensable in the process of selling a building or in the case of other forms of alienation such as: maintenance contract, donation contract, exchange contract, deed of sharing, etc. There is, however, one exception that refers to succession. This can be done based on the title deed, a court decision, etc.

Can I sell a property if it is not listed?
The absence of the tabulation shows that the respective property cannot be alienated and cannot be used for operations with reference to the property right over it. In other words, if you want to sell or buy a property, donate it or change it, as well as in case of applying for a loan, you cannot do it without having the tabulation documents.

Tabulation in case of new buildings or under construction.
In the case of new constructions, those who want to purchase an apartment for sale that is not yet completed / tabulated, will first sign a pre-contract. Subsequently, when the apartment will have a land book extract, the final sale contract will be signed. After the sale is completed, the property right will be tabled in the name of the new owner within approximately 30 days. In this sense, the notary sends a request for registration of the notarial deed to the office of cadastre and real estate advertising in whose area of ​​activity the building is located.

Regarding the newly built or under construction buildings (either block or house), there are some steps that must be followed before reaching the tabulation: design, authorization, actual construction, reception of the construction and its tabulation.
• In the design stage, an architect draws the project that will be built on a certain land. Here, the existing conditions in the Urbanism Certificate are taken into account, which refer to what can be built in the respective area so as to fit into the architecture of the area.
• Any new construction is done only after obtaining the Building Permit. It is procured from the town hall of the locality or city to which the land administratively belongs. If there is already a construction on the land that needs to be demolished, in parallel, a demolition permit is obtained.
• The next step is the actual construction of the building / buildings. From here, all the stages are followed until its completion, stages that will be recorded in the building file.
• At the end of the construction, the works will be received, which must be in accordance with the approvals received by the representatives of the mayor's office who issued the construction authorization. The reception is attended by the representative of the town hall urbanism service, the builder and the beneficiary of the building.
• Finally, the construction is tabulated. After the tabulation, the new construction will be registered in the Land Book.
 
A material by Mirela Ionita

Photo credit: google.ro
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