DRAFT LAW REGARDING CERTAIN MEASURES REGULATING THE SALE AND PURCHASE OF AGRICULTURAL LAND LOCATED OUTSIDE THE CITY LIMITS BY PHYSICAL PERSONS, AND THE ESTABLISHING OF A LAND ADMINISTRATION AND MARKET REGULATION.

Draft Law regarding certain measures regulating the sale and purchase of agricultural land located outside the city limits by individuals, and for establishing a Land Administration and Market Regulation was approved at the Government meeting of 20 November 2013 and it shall be debated in the Romanian Parliament, in the emergency procedure.
The draft law relates exclusively the agricultural land located outside the city limits, which can be purchased by individuals, Romanian or foreign citizens of a member state of the European
Union or Member State of the European Economic Area Association (ASEE).

The agricultural land located outside the city limits within a radius of 20 km from the Romanian state border may form the subject of a contract of sale only with the prior agreement of the national security state institutions through specialized internal structures.
The same mandatory condition is incident on the agricultural land from outside the city at a distance up to 2,400 m of specific objectives.

In the same time the sale and purchase of agricultural land outside the city located near archaeological sites, in the archaeological heritage areas or areas of archaeological potential repeated by chance is subject to the prior approval of the Ministry of Culture.
Otherwise it will be drawn the contravention liability of the seller, by applying a fine of RON 50,000 to RON 100,000.

The new regulation establishes the right of preemption of physical persons coowners, lessees, neighbors physical persons, individual farmers with maximum age of 40 years who are engaged in farming activities on the territorial area where the land is situated, and of the Romanian State, in that order, prohibiting differences in price or terms of the contract.

The seller shall register a request at the locality’s Town Hall regarding the display of the offer for sale of the agricultural land at the institution headquarter, within maximum 3 working days in order to bring it to the attention of the preemptors. The offer for sale shall be displayed for 30 days.
The Town Hall representatives are obliged to send to the Land Administration and Market Regulation (hereinafter AARPF) the offer for sale, as well as the list of preemptors.
Holders of pre-emption right interested in purchasing farmland shall send to the seller and to AARPF the offer acceptance and the documents proving the fulfillment of the conditions for land purchase, within maximum 30 days since the offer display at the Town Hall headquarter.
In the event that none of the preemptors does not show interest in the legal term to buy the extravilan agricultural land, the Seller shall notify in writing the Town Hall regarding this issue.
The verification of the conditions for the sale-purchase of the land is the prerogative of AARPF within 5 days since the submission of the documents. The authority’s notification on fulfilling the legal requirements for the individual seller-owner will be sent to this one in maximum 2 working days and will be published on the website of the institution within 2 working days.
If it is observed that the potential buyer-preemptor does not meet the legal conditions, AARPF shall prepare a list of observations which shall be communicated to the seller within 2 working days, being shown on the authority’s website at the same time. The seller has the possibility to choose another preemptor, but with the compliance with the order imposed by the Draft Law.

The alienation of farm land outside the city with the violation of the preemptive right or without obtaining the prior approvals of AARPF shall entail the absolute nullity of contracts.

Issued by: The Romanian Government