Obtaining the necessary permit for selling agricultural land outside city limits*
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The procedure regulates the method for obtaining the approval required for the sale of agricultural land located outside the city limits.
The approval required for the transfer of agricultural land outside the city limits may be requested by any person who owns agricultural land outside the city limits, for the purpose of sale. The individual/legal entity will submit the application for posting the land sale offer (model ANNEX 1A), in order to inform the preemptors, accompanied by the land sale offer (model ANNEX 1B) and supporting documents.
Within 5 working days from the registration of the application, the land sale offer will be posted for 45 working days at the Săliștea Municipality City Hall and on the City Hall’s website.
Within 5 working days from the registration of the sale application, the specialized department within the City Hall will draw up the list of preemptors which will be posted at the City Hall and on the website.
During the 45 working days from posting the sale offer, the City Hall will register all communications of acceptance of the land sale offer (model ANNEX 1E), submitted by any of the preemptors, accompanied by the following documents:
- copy of ID card for the preemptor individual;
- copy of the certificate of registration from the Trade Register for the preemptor legal entity;
- notarized copies of documents proving the status of preemptor (acts of co-ownership, lease contracts, property deeds of real estate bordering the land for sale, etc.).
The seller’s decision regarding the selection of the preemptor as potential buyer will be registered at the City Hall.
Within 3 working days from its registration, the specialized department will communicate, as the case may be, to M.A.D.R. or D.A.D.R. AB, the name and identification data of the chosen preemptor, potential buyer.
The final approval required for concluding the sale-purchase contract in authentic form before the public notary is issued, as appropriate, by M.A.D.R. or D.A.D.R. AB.
If no preemptor communicates acceptance of the seller’s offer and the sale is free, the specialized department will issue to the seller a certificate attesting that all procedural steps regarding the exercise of the right of preemption have been completed and that the land is free for sale at the price specified in the sale offer. The certificate will be accompanied by a certified true copy of the sale offer.
Required documents:
- application for posting the land sale offer (model ANNEX 1A);
- land sale offer (model ANNEX 1B);
- a photocopy of the ID card of the seller individual or a copy of the passport for the seller individual with residence abroad;
- a photocopy certified for conformity by the City Hall employees of the ownership document over the land subject to the sale offer (as the case may be: sale-purchase contract, donation contract, final and irrevocable civil court decision/judgment, ownership title, inheritance certificate, exchange contract, asset liquidation deed or any other document provided by law attesting to the acquisition of ownership);
- land registry excerpt for information, issued at most 30 days before the posting of the offer, accompanied by the cadastral plan excerpt, if the land for sale is registered in the integrated cadastre and land registry system;
- a photocopy of the certificate of registration from the trade register or the document based on which it operates, in case of the seller being a legal entity;
- in case of representation, notarized power of attorney, in a photocopy certified for conformity by the City Hall employees, respectively the mandate, general meeting of associates’ decision, sole associate’s decision, representative’s decision of the associative form, as appropriate, in original, as well as a photocopy of the ID card/passport of the empowered individual;
- the general meeting of associates’ decision, the sole associate’s decision, the representative’s decision of the associative form, as appropriate, in original, indicating agreement for the sale of the property owned by the company, for the seller legal entity;
- certificate of tax attestation issued by the City Hall;
- other supporting documents, as the case may be.
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In the case of a dispute between the beneficiary and the competent authority, the common law provisions shall apply.
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