Applicable Law

1.  Is condominium possible? Describe condominium in your system (EU Adapt project)

Yes. Civil Code, Law no. 7/1996 on cadastre and real estate publicity, republished, with the subsequent modifications and completions, the Regulation for endorsement, reception and registration in the cadastral and land book records, approved by the Order of the General Director of ANCPI no. 700/2014, with subsequent amendments and completions.

If in a building or in a residential complex there are spaces for either residential or other purposes wich have different owners, the parts of the building which, being intended for the use of those spaces, can only be used in common are subject to a right of co-ownership

The following are considered common parts:

1. a) the land on which the building is located, composed of both the built and the unbuilt necessary surface, according to the nature or destination of the construction, to ensure its normal operation;
2. b) the foundation, the inner courtyard, the structure, the resistance structure, the perimeter walls and dividers between the properties and / or the common spaces, the roof, the terraces, the stairs and the staircase, the halls, the cellars and the non-compartmented basements, the water tanks, the own thermal power plants and the elevators;
3. c) water and sewerage, electrical, telecommunications, heating and gas installations from the connection to the point of distribution to the exclusively owned parties, storm drains, and other such parts;
4. d) other goods which, according to the law or the will of the parties, are in common use.

Chimneys and vents, as well as spaces for laundries and dryers are considered common areas exclusively for co-owners who use these utilities in accordance with the building design.

2.  In your national system, do you have an arrangement which broadly follows that description? If so, what is it called in your language(s)? Please describe it in this factsheet.

Condominium (called condominiu in Romanian), as legal concept, was regulated for the first time by Law No. 7/1996 on cadastre and real estate publicity, republished, with subsequent amendments, for matters of registration.

Afterwards, the definition was also taken over in Dwelling Law No. 114/1996, republished, with subsequent amendments. Condominium is defined as the immovable consisting of land with one or more buildings, of which some parts (properties) are common and undivided, and the rest are individual parts (properties). Condominium is:

• A body of multistoried building or, if the common property can be delimited, each section with one or more staircases within it;
• A residential complex consisting of individual housing and constructions with other destination, placed isolated or in string or coupled, where individual properties are interrelated through a perpetual and forced common ownership.

In accordance with Law No. 7/1996 on cadastre and real estate publicity, republished, with subsequent amendments, each individual property called individual unit can be represented of apartments or spaces with other destination than that of dwelling.

Dwelling Law No. 114/1996, republished, with subsequent amendments, defines individual unit as follows:

• A functional unit, part of a condominium consisting of one or more habitable (residential) rooms and/or spaces with other destination, placed at the same level or at different levels of the building, with outbuildings (dependencies or annexes), equipment and utilities, with direct access and separate entrance, and which has been built or transformed in order to be used, usually by a single household. Where the access to functional unit or condominium is not directly from a public road, it must be ensured through an access way or easement, set binding in legal acts and registered in the land book.

3. If your national system does not have an arrangement like that, or if it does, but also has a different arrangement which is commonly used to govern the ownership of apartments, please also describe, in this fact sheet, the arrangements commonly used.

• Exclusive properties (habitable rooms and/or spaces with other destination) with different owners and
• Indivisible common properties (parts of building, accessories to exclusive spaces, which can be used only in common), subject of a perpetual and forced common ownership.

4. In your national system, which laws or regulations rule the arrangements you describe (or are relevant for them)?

Main Romanian legislation in this matter is:

• Romanian Civil Code (particularly Articles 646 – 659);
• Law No. 7/1996 on cadastre and real estate publicity, republished, with subsequent amendments (particularly Article 45);
• Dwelling Law No. 114/1996, republished, with subsequent amendments