Specifics of the registration of apartments or premises that form part or a building
1. With respect to the registration of the apartments of the condominium: are there any specific formal characteristics of the registration related to the condominium or any characteristics that indicate that such apartments are subjected to a condominium, such as a formal statement, a number or other sign in the condominium or the corresponding share related to each apartment?
In Romania, cadastre and land book form a unified and integrated system of technical, economic and legal evidence of all the immovable at nationwide.
Documentations for registrations in the integrated system are prepared in a single file that includes both the necessary technical part for cadastral reception and legal documents needed for registration in the land book.
According to Romanian legislation on cadastre and real estate publicity, three land books are drawn up for the first registration of a condominium:
- One for the immovable (meaning land with or without construction);
- A collective land book for the construction – condominium. This land book contains a collective sheet which includes data from the records of owners’ association regarding: list of apartments, building surface, usable area of apartments, description of common parts and land surface afferent to the building.
- An individual land book for each exclusive property which can be represented by apartments or spaces with other destination than housing purposes.
The immovable are numbered on the administrative-territorial units (commune, town, and city) in order of registration applications with numbers from 1 to n. If the immovable has not been entered in the land book its cadastral number is given following the last number assigned on the administrative-territorial unit.
Within each immovable, constructions are identified by a code attached to the cadastral number, consisting of the letter C followed by a number from 1 to n (e.g. C1, C2, C3 …).
Inside the construction – condominium – individual units (e.g. apartments) are numbered as follows: to the cadastral number of the immovable (land) and construction code, there is added the individual property code (e.g. 100-C1-U10 for the individual unit 10 located in building C1 situated on the immovable with cadastral number 100).
2. Anyway, does registration of the apartment include the share of the apartment related to the global condominium?
As it was mentioned above, the collective land book (for the construction – condominium) includes the description of common parts, also showing the share for each individual unit. This share can be as well indicated in the individual land book drawn up for the apartment.
3. What type of relationship is there between the registration of the building and the registrations of the apartments? Are the building and the apartments in absolutely separated registrations, with no connection at all?
Cadastral number is a unique identifier linking the graphics database and the textual information that are integrated in the system of cadastre and real estate publicity.
Along with the share, the cadastral number shows the relationship between the individual unit (e.g. apartment) and the building.
The registrations regarding the entire building (e.g. the alteration of common parts) shall be carried out both in the collective land book, as well as in the individual land book.
4. Which physical data of the apartments are usually collected in the registration to describe the property? (Floor or storey where located, surface, boundaries, access, rooms, postal address, cadastral code).
Physical data of the apartment can be found in Part A or Part I of the individual land book.
Together with cadastral number, the description will contain location as clear as possible (e.g. postal address, storey of the building, apartment’s number), destination (apartment or spaces with other destination than that of dwelling), number of rooms, annexes (basement, storage rooms, garage, attic), useful area.
The information to be entered in Part A of the land book regarding the description is taken from cadastral documentation and it must be in accordance with data from the legal documents submitted to justify the registration application.
5. If registrations in your system refer to a plan or to the cadastral map, how (if at all) does the plan show the position (horizontal and vertical) of the apartment within the building?
Part A of the land book is supplemented by the annex of this part which includes a horizontal plan (geometry) and a textual description.