Law on Regulating the Legal Status of Properties used by Denominations (2007)

Law no. 239 of 12 July 2007
on regulating the legal status of properties used by denominations

(Published in Official Journal Part I no. 517 of 1 August 2007)

    The Parliament of Romania adopts this law.


    Article 1 (1) The buildings owned by the state or administrative-territorial units, which were attributed to denominations for free usage after January 1, 1990, may be transferred for free as ownership to the owning denomination under the present law .
    (2) The owning denomination means the religious center or local unity of a recognized denomination that uses free according to this title, after January 1, 1990, one or more real estate, to carry out a specific activity on a continuous basis.
    (3) According to this law, real estate means both land allocated into use after January 1, 1990, for building places of worship or administrative, educational, social assistance buildings and their annexes and buildings with associated land received after January 1, 1990, to carry out spiritual, administrative, educational and social assistance activities.
    (4) The ownership transfer to the denominations, in case of the real estate for which there are pending restitution requests, can be done only after clarifying their legal status.

 Article 2 (1) For the ownership transfer, the denomination shall address a request to the owner for each real estate.
    (2) The request shall be accompanied by an authenticated copy of the document of attributing the free usage of the real estate and must include the following:
a) the applicant’s identifying information;
b) the necessary data for cadastral identification of the real estate and the address;
c) the description of the real estate, the built area, the developed built area, the land’s  surface, etc.
    (3) In the case of the state’s real estate attributed free usage by Government’s decision, the requests shall be addressed to the Romanian Government - National Authority for Property Restitution.

Article 3 (1) Within 60 days from the registration day, a decision shall be taken regarding the requests for ownership transfer.
(2) If during the transfer period the real estate was in the public domain, under the law, the decision shall also approve it’s transfer in the state’s or administrative territorial unit’s private sphere.
(3) The decision of free ownership transfer, adopted under this law shall be communicated to the denomination which made the request.
(4) The free ownership transfer document shall be issued within 15 days from the date of notifying the decision, and the ownership right may be registered in the Real Estate Register. The documents recognizing ownership rights to denomination are exempt from court fees.
           (5) Where the request of ownership transfer is rejected, a new request may be addressed after a minimum period of one year from date of first application.

Article 4 (1) The real estate acquired under this law cannot be alienated and its destination can not be changed for 30 years after acquiring the ownership.
          (2) Any violations of paragraph (1) determine absolute nullity of the ownership transfer document and void act and reinstatement of the previous situation.

    The Romanian Parliament, according to art. 75 and art. 76 para. (1) of the Romanian Constitution, republished, adopted this law.

President of the Chamber of Deputies                             
Bogdan Olteanu
President of the Senate
Nicolae Văcăroiu
  

 Bucharest, 12 July 2007.
 No. 239.