Bill to amend Law on Real Estate Cadaster contains unclear provisions, CAPC

The bill to amend and complement the Law on Real Estate Cadaster, which was submitted to Parliament for examination, contains a number of unclear and contradictory provisions. Furthermore, the bill institutes the post of chief registrar with administration powers without indicating the basic powers of this in the local cadastral office, said experts of the Center for the Analysis and Prevention of Corruption (CAPC) who appraised the vulnerability of the draft law, IPN reports.

CAPC expert Viorel Parvan, in a news conference at IPN, said the notions from the bill double the ones that exist in the legislation. The timeframes during which information in electronic format must be provided are not indicated. “The failure to set a clear timeframe can lead to the setting of long periods of time by the responsible persons,” he stated.

According to the expert, the bill provides that the contracts for the sale of real estate will be registered with the cadastral office even if this wasn’t authenticated by a notary, while the authentication powers will be transmitted to the cadastral registrar. “This means that a contract for the sale of property can be signed without notarial authentication. Moreover, these contracts will be registered by the registrar by a simplified procedure,” said Viorel Parvan.

He also said that the bill enables to confirm the authenticity of cadastral documents by the signature of empowered third persons who are not registrars. “According to the law, only the cadastral registrar has all the powers to manage and use cadastral documents. It’s not clear who that third person is and how this will be empowered to authenticate particular cadastral documents,” stated the expert.

According to him, the bill stipulates that the bailiffs will have access to the register of real estate in a real-time regime, but does not lay down primary norms that would regulate the procedure and the access rules of this regime. Also, not all the appraisals of public institutions and the recommendations formulated by civil society were attached to the bill.

CAPC president Galina Bostan said the analysis was carried out within the Vulnerability Expertise of Draft Normative and Legal Acts Project that is supported financially by the MATRA Rule of Law and Good Governance Program.

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