ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 11, 2019 No. 91

About approval of the Regulations on development of the parcels of land which are in public property of the state

Based on the part Items f/3)-f/5) (4) Article 7 and article 54 of the Law No. 121/2007 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:

1) Regulations on development of the parcels of land which are in public property of the state according to appendix No. 1;

2) changes which are made to the Order of the Government No. 1428/2008 about approval of the Regulations on purchase and sale and delivery for rent / lease of the adjacent parcels of land, according to appendix No. 2.

2. The parcels of land of public property of the state, including the parcels of land included in appendix to the Law No. 668/1995 on approval of the List of the companies, organizations and the organizations which earth of agricultural purpose remain in property of the state except for of the parcels of land, free from structures from the forest fund and the parcels of land which are in management of Customs Service are transferred from management of the central bodies of public management of other public bodies to management of the Agency of public property according to the Regulations on procedure for transfer of objects of public property approved by the Order of the Government No. 901/2015. The parcels of land which are in public property of the state, adjacent to the real estate (structures) which is state-owned property, being under direct authority of public bodies, public organizations / the state companies based on the documents published earlier certifying the right of the owner of the parcel of land, orders of public authorities, the orders of the Government remain in property/maintaining appropriate subjects to the edition of other administrative acts concerning them according to the legislation with ensuring registration by the Agency of public property of the right to management them in the Real estate register within the available financial resources.

3. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 01.07.2020 No. 445

4. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 01.07.2020 No. 445

5. Owners of real estate (buildings, constructions, objects of the construction in progress) of private property located on the parcels of land which are in public property of the state shall legitimize till December 31, 2019 ownership/use of the parcel of land of public property of the state adjacent to private construction objects, by the conclusion with the Agency of public property of the agreement of hiring/lease/superficies or purchase and sale.

5-1. Physical persons and legal entities to which were transferred in employment/lease/superficies based on the legal acts valid till March 1, 2019 the parcels of land which are in property of the state shall in 3-month time from the effective date of this resolution legitimize ownership/use of the parcel of land which is in property of the state by renewal with the Agency of public property of the agreement of hiring/lease/superficies without the organization of new auctions, with entering of rent payment / compensation into the government budget, according to Regulations on development of the parcels of land which are in public property of the state, No. provided in appendix 1, and with payment of the expenses connected with renewal of agreements of hiring/lease/superficies.

6. In case of non-compliance with provisions of Item 5 by owners of private structures and owners of the right of hiring/lease/superficies – Item 5-1 provisions the payment for use of the parcel of land of public property of the state will be estimated in the Agency of public property from the date of publication of this resolution, according to the legislation.

7. Declare invalid the Order of the Government No. 932/2007 about privatization of the parcels of land which are in public property of the state (The official monitor of the Republic of Moldova, 2007, Art. No. 127-130, 966).

8. This resolution becomes effective from the date of publication.

Appendix № 2

to the Order of the Government of the Republic of Moldova of February 11, 2019 No. 91

Changes which are made to the Order of the Government No. 1428/2008 about approval of the Regulations on purchase and sale and delivery for rent / lease of the adjacent parcels of land

In the Order of the Government No. 1428/2008 about approval of the Regulations on purchase and sale and delivery for rent / lease of the adjacent parcels of land (The official monitor of the Republic of Moldova, 2008, Art. No. 226-229, 1437) makes the following changes:

1) in the resolution:

a) in acceptance formula the text "and the subitem of g 1) of part (Article 8" to exclude 1);

b) declare Item 13 invalid;

2) in the Provision:

a) the words "Agency of Land Relations and Inventory" in all grammatical forms shall be replaced with words "The agency of public property" in the corresponding grammatical form;

b) in Item 1 the text "and the subitem of g 1) of part (Article 8" to exclude 1);

c) recognize Items 8-10 invalid;

d) state Items 11 and 12 in the following edition:

"11. For purchase and sale of the adjacent parcels of land of the private sphere of the state the Buyer submits to the Agency of public property the application for purchase of the adjacent site according to the sample provided in appendix No. 1 to this Provision.

The statement shall contain:

for legal entities and individual entrepreneurs – full name of firm, the location and contact phone number;

for physical persons – surname and name, personal code from the identity certificate or the passport and contact phone number.

The Buyer encloses to the application:

1) the scheme of the adjacent parcel of land constituted in accordance with the established procedure (feasibility statement);

2) the statement from the State register of legal units - for legal entities and individual entrepreneurs; the copy of the identity certificate or the passport - for physical persons;

3) the statement from the Real estate register, Sections A and B, in the original or its verified copy and copies of documents based on which in the Register record about the property right to property was made;

4) the construction license and the inspection report of structure – in case of objects of construction in progress;

5) lease agreement of the adjacent parcel of land, if necessary;

6) the conclusion of the central public body in which management there is parcel of land, and/or company/organization which manages the parcel of land and/or buildings located on the parcel of land which is subject to forming, if necessary.

The agency of public property establishes selling price of the adjacent parcels of land of the private sphere of the state, applying the maximum coefficient used depending on the location and engineering arrangement, provided in appendix No. 4 to this Provision.

12. The agency of public property in 30-day time from registration date of the statement for purchase of the adjacent parcel of land considers it and reports to the buyer about consent to creation by contractors of cadastral works of geometrical plans in 4 copies based on the scheme of the parcel of land which is feasibility statement component or motivated rejects the statement of the Buyer.

In consent issued to the Buyer for contractors of cadastral works for creation of geometrical plans appointment and the area of the parcel of land is specified, and also entry in the feasibility statement constituted by the company licensed in the field of town planning for the purpose of determination of the area of the parcel of land adjacent to immovable object of private property necessary for engineering procedure is made.

In case of refusal on sale of the corresponding parcel of land the Buyer is notified in writing within 30 days on the reasons for which purchase and sale of the parcel of land is impossible. The buyer has the right to protest refusal of the Seller according to the legislation.

 The geometrical plan of the parcels of land constituted according to this Item is approved with the Agency of public property based on which it constitutes the pay-sheet of the price of purchase and sale of the adjacent parcel of land asked to purchase in four copies (according to the sample given in appendix No. 2).

 The pay-sheet and the geometrical plan of the adjacent parcel of land are integral parts of the purchase and sale agreement.

 In case of forming, according to this Item, new property corresponding changes are entered in the Real estate register based on the order of the Agency of public property.

 The agency of public property as a result of approval of the geometrical plan and creation of the pay-sheet of the price of purchase and sale of the adjacent parcel of land till 30 days from the date of representation on approval of geometrical plans constitutes in four copies and signs the purchase and sale agreement of the corresponding parcel of land";

f) in Item 29-1 to declare paragraph two invalid;

g) in Item 29-3 to declare paragraph two invalid;

h) in Item 29-4 the text "/body of the central public management which administer the site," to exclude.

i) state Item 2-95 in the following edition:

"29-5. The owner of structure applies to the petition:

1) the scheme of the adjacent parcel of land (feasibility statement) constituted in accordance with the established procedure;

2) the statement from the Real estate register, Sections A and B, in the original or the verified copy;

3) the copy of the decision on registration of the legal entity certified by the head, the statement from the State register of legal entities and contact phone number;

4) the copy of the identity certificate or the passport of the applicant - for physical persons and contact phone number."

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