30/09/2024
For buyers and tenants
Selling an apartment or any other type of property is a long process, but not necessarily a complex one if you have the right documents. For this purpose, our experts have prepared a short list, which you can find here!
First and foremost, you need to obtain the documentation related to the property sale. These are the documents of ownership of the property, through which the seller legitimizes himself to the buyer. Among the most commonly required ownership documents are: notarial deed registered in the Registry Agency - notarial deed of sale and purchase, deed of donation, notarial deed of transfer, notarial deed of restitution, etc.;
*fortress deed, to which there is a record of its entry;
*a sale contract, concluded in accordance with the State Property Ordinance;
*a sale contract, concluded under the Municipal Property Act and the State Property Act for state or municipal property. If concluded after 01.06.1996, they should be registered in the Registry Office
Subsequently, there is the tax assessment certificate. It is issued by the relevant tax institution where the property is located. Usually, the period for issuing the certificate is between 3 and 14 days. Worth noting is that documents issued by 30 June of the same year are valid until that date, and certificates issued after that date are valid until the end of the year. It is also good to know that there must be a complete match between the address of the property in the tax assessment and that in the deed. If this is not the case, it is necessary to obtain a certificate of administrative address from the relevant municipality. The tax assessment certificate must list all the co-owners of the dwelling, and they must not have any debts to the property (such as taxes and charges).
This type of document is required if the seller is an individual. In this case, the person selling should be referred to the Unified System for Civil Registration and Administrative Services (ESGRAON). The time required to obtain this certificate is 7 days. It is also crucial to say that both spouses must have such document, even though the information in it is similar. If you are married, you must also enclose a civil marriage certificate as well as a copy. If you are no longer married, you must specify what your marital status was on the date you acquired the property.
Family relations are quite complex, and especially when there is also the ownership of a luxurious and expensive property involved, extra security is required. In order to protect the rights of both spouses, the law requires that a declaration under Article 26 of the Family Law Code be included with the purchase documents. It is generally used to express consent to carry out certain activities. These may be cases where one spouse is the owner of the property and wishes to dispose of it. Then the other must declare that he/she has nothing against these actions. Here it is appropriate to specify that although the law does not require notarization of the document, it is better to make such a certification for greater certainty.
The Family Code establishes a register of spouses' property relations, which is managed by the Registry Agency. It establishes 3 regimes of property relations between the two parties - the community regime (everything acquired during the marriage is common), the separation regime (each person owns what he/she has purchased) and the contractual regime (the relations for the property acquired during the marriage are settled by contract).
For the purchase and sale of a property, it is necessary to have this type of certificate available, filled in a form and sent by the civil registrar to the municipalities.
Without an issued sketch of the property, the purchase and sale of the home is basically impossible. The owners obtain this document from the Agency of Geodesy, Cartography and Cadastre (AGCC). If your property is located in an area where there is no cadastral map in force, the sketch can be issued by the technical office of the municipality where the property is located. The deadline for obtaining it is usually 7 working days, unless you pay for express service, in which case the deadline is 3 days.
If your luxury home is in an area where there is a valid cadastral map, the requirement for a scheme of a separate object in the building is fundamental for the transaction. This proves the location of the units in the building. The scheme does not provide information on dimensions and areas, as accuracy is not required for the schemes of the objects in the building. This information shall be taken from the title deed or from the documents accompanying the investment project. If such information is not available, the area must be measured and calculated by a competent cadastral person.
The administrative address certificate is required to establish the official address where you live and can be used as a correspondence address. You will need an application form for this purpose and in some cases you may also be required to provide proof of ownership of the property. If you cannot provide this information in person, you will also need a notarised power of attorney.
The power of attorney can serve you in addition to the cases in which you want to issue some of the documents through an intermediary and for the implementation of the entire purchase process. This way you can sell your apartment remotely. In order to obtain this document you need to have the power of attorney notarised. In addition to the content, it is also important to notarize your signature. Be sure that the document describes the property as it is on the title deed. You also need to certify a declaration that you have no debts such as local taxes and fees. Make sure that the power of attorney is as detailed and comprehensive as possible in terms of information so that the person you have authorised can protect your interests without hindrance. For added security, also specify the authorities responsible for issuing the documents relating to the purchase.
The construction documents are all the documents required for the legalisation of the construction. They make it clear what property is being transferred - ownership of an already constructed building or the right to build. If it is a situation where the building is not yet completed, it is important to know what stage the construction is at. This is clear from the certificate of completion, which can be obtained from the building control department of the relevant administration. It is good to know that you will not need it if there is a valid occupancy permit or certificate of commissioning for the building in question.
In some cases, you may need a certificate of tolerability - if the building was constructed before 7 April 1987, there are no building permits and the construction was permissible under the detailed urban plans in force and the rules and regulations in force at the time the construction was carried out or under these rules.
In connection with the purchase and sale, you also need certificates of entries, notations and deletions of property. These are written certificates and are issued on application to the Registry Office. The application must be accompanied by proof of payment of the state fee.
Additional declarations are only required in specific situations. Such may be the certificate of heirs. It is required if the property was acquired by inheritance. In order to obtain this document it is necessary to apply to the municipality of the last permanent address of the last owner.
Another such declaration may be the certificate of encumbrances. In general, encumbrances are rights of persons other than the owner of the property. The purpose of the certificate is to declare that there are no claims by third parties and that there are no existing foreclosures or mortgages. In order to obtain this document, it is necessary to apply to the Registry Agency, and the verification needs to cover a period of at least 10 years back.
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