In the Official Gazette with number 741 of August 14, 2020 was published LAW no. 175 of August 14, 2020 for amending and supplementing Law no. 17/2014 on some measures to regulate the sale-purchase of agricultural land located outside the city and amending Law no. 268/2001 regarding the privatization of the commercial companies that hold in administration lands of public and private property of the state with agricultural destination and the establishment of the State Domains Agency.
The alienation by sale of the agricultural lands located outside the built-up area is made with the observance of the substantive and formal conditions provided by Law no. 287/2009 on the Civil Code, republished, with subsequent amendments, and the right of preemption, at a price and under equal conditions, in the following order:
- first rank preemptors: co-owners, first degree relatives, wives, relatives and relatives up to the third degree inclusive;
- preemtors II rank: owners of agricultural investments for tree crops, vines, hops, exclusively private irrigation and / or tenants. If on the lands subject to sale there are agricultural investments for tree crops, vines, hops and for irrigation, the owners of these investments have priority in buying these lands;
- preemtors III rank: the owners and / or lessees of the agricultural lands adjacent to the land subject to sale, in compliance with the provisions provided in par. (2) and (4);
- preemtors IV rank: young farmers;
- preemtors V rank: The Academy of Agricultural and Forestry Sciences “Gheorghe Ionescu-Sisesti” and the research-development units in the fields of agriculture, forestry and food industry, organized and regulated by Law no. 45/2009 on the organization and functioning of the Academy of Agricultural and Forestry Sciences “Gheorghe Ionescu-Sisesti” and the research and development system in the fields of agriculture, forestry and food industry, with subsequent amendments and completions, as well as educational institutions with agricultural profile, in order to buy agricultural lands located outside the built-up area with the destination strictly necessary for agricultural research, located in the vicinity of existing lots in their patrimony;
- preemtors VI rank: natural persons with domicile / residence located in the administrative-territorial units where the land is located or in the neighboring administrative-territorial units;
- preemtors VII rank: the Romanian State, through the State Domains Agency.;
The lessee who wishes to buy the leased agricultural land located outside the built-up area must have this quality under a valid lease contract concluded and registered according to the legal provisions at least one year before the date of posting the sale offer at the town hall and meet the following conditions:
- in case of leases, legal entities and associations, natural persons, to prove the domicile / residence located on the national territory for a period of 5 years prior to the registration of the offer for sale of agricultural lands located outside the built-up area;
- in case of legal entity leases, with shareholding another legal entity, the shareholders who control the company to prove the registered office / secondary located on the national territory established for a period of 5 years prior to the registration of the offer for sale of agricultural land located outside the city.
In case of exercising the right of preemption by young farmers, the young farmer who carries out activities in animal husbandry has priority in buying the land subject to sale, respecting the condition regarding the domicile / residence established on the national territory for a period of at least one year before registering the offer for the sale of agricultural lands located outside the built-up area.
For the purposes of this law, a young farmer is a person up to 40 years of age, as defined in art. 2 para. (1) lit. (n) of Regulation (EU) no. 1,305 / 2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development granted by the European Agricultural Fund for Rural Development (FEADR) and repealing Regulation (EC) no. 1,698 / 2005 of the Council, with the subsequent amendments, which intend to carry out or carry out agricultural activities
In case of exercising the right of preemption by the owners of neighboring agricultural lands, the priority when buying agricultural lands located outside the built-up area is established as follows:
- the owner of the neighboring agricultural land who has the common border with the largest side of the land that is the object of the sale offer;
- if the land that is the object of the sale offer has two large sides or all equal sides, priority when buying this land has the owner of neighboring agricultural land, young farmer, who has his domicile / residence located on the national territory for a period for at least one year prior to the registration of the offer for sale of agricultural lands located outside the built-up area;
- the owners of neighboring agricultural land who have the common border with the land that is the object of the sale offer, in descending order of the length of the common border with the land in question;
- if the large side or one of the equal sides of the land that is the object of the sale offer has the common border with a land located within another administrative-territorial unit, priority to the purchase of the land has the owner of neighboring agricultural land with domicile / residence in the radius of the administrative-territorial unit where the land is located.
By exception from the provisions of paragraph (1), the alienation by sale of agricultural lands located outside the built-up area on which classified archeological sites are located is made according to the provisions of Law no. 422/2001 on the protection of historical monuments, republished, with subsequent amendments and completions.
The request and use of the land book extract or, in accordance with the law, of the certificate of tasks and of the cadastral documentation valid at the conclusion of the translational property contracts regarding real estate and other real rights fully demonstrate the good faith of both parties to the contract. before the notary public regarding the quality of owner of the seller on the real estate subject to sale as described in the land book.
The full text was sent this week.