Selling a home is a complex process that requires a long list of paperwork to sell the apartment, from the deed and title deed to the land registry and land registry. Some of these are fairly straightforward, but others are a little more complex. The same is true when talking about buying a house. If you need advice on buying a flat, check out our article - find out what to look out for when buying a flat and how you can make the process as smooth as possible.
The list of documents required to sell apartment 2023 varies depending on several factors, such as whether or not there are co-owners or the type of property deed. This guide comes to your support with the list of documents needed to complete the real estate sale-purchase transaction in Romania as quickly as possible, without difficulties or delays. Find out what the bureaucratic steps are, the list of documents required for the sale and purchase of an apartment and what fees you have to pay.
Antecontract of sale - What documents do you need?
In the first stage, the sale-purchase process can be initiated at a notary by a bilateral sale-purchase agreement or promise, for which you will need a number of necessary documents. These documents will ultimately help to draw up a contract for the sale and purchase of an apartment.
The pre-contract is a precautionary measure to avoid a number of subsequent problems. The landlord promises to stop viewing the flat and to sell the flat to the person who has expressed an interest (the buyer), and the buyer undertakes to buy the flat. The buyer will pay an amount of the price of the property in advance, which will be specified in the contract, together with the difference and how it will be paid.
The promise of sale and purchase will also specify the penalty clauses agreed by mutual agreement in the event that one of the parties does not respect their promise to sell or buy the property. The list of documents required at the notary for the sale of an apartment varies. If you are the one selling the apartment, the main documents required in the contract of sale and purchase of the apartment are the identity card, the marriage certificate if applicable, the title deed of the property and the land register extract. The buyer only needs to present the identity card.
Identity card
The list of documents required for the sale of an apartment 2023 is long, but the main document to be presented is the identity card. Both buyer and seller must present original ID - check the validity period of the ID.
Marriage certificate
In addition to the identity card, a marriage certificate is required, if applicable. In the case of married people, the ownership regime is different, whether there is a joint owner or only one owner is listed on the title deed. This is why it is necessary to specify the marital status in the contract of sale.
Deed of ownership of the apartment
In order to sell an apartment, you must first prove that you own it. To do this, you will need to present the original title deed. The deed of acquisition can be a contract of sale, a donation contract, a title deed, an inheritance certificate obtained after a succession at a notary's office and entered in the land register, a title deed, a partition deed or a divorce decree, etc. The documents must prove that you are the legal owner of the property you intend to sell and how you acquired the flat.
Tax certificate
The tax certificate is a document issued by the Tax Administration where the annual tax for the property has been paid up to the current period. With this document, the owner proves that the obligations to the State have been paid. If there is also a co-owner, a tax certificate will be issued to each of them. In order to obtain the tax certificate, a request must be submitted to the registry of the competent tax office (it can also be sent by registered letter or online via the "Virtual Private Space" service). In order to be able to sell the apartment, you must pay the apartment tax for the current year. After submitting the application, it takes about 3 working days to be issued, and is valid for 30 days.
Cadastral documentation (cadastre and land registration)
The list of documents required for the sale-purchase of an apartment should not be missing the cadastral documentation. These documents must be carried out by authorised cadastral experts. The list of authorized cadastral experts and their contact details can be consulted on the website of the National Agency for Cadastre and Real Estate Publicity (ANCPI). How much does it cost to register an apartment and the cadastre? The fee will depend on the surface area of the property - cadastre and land registration price 2023 starts from 500 RON for a studio apartment, up to 650 RON for a 4-bedroom apartment, plus a 120 RON fee to the local OCPI (rates at last update in August 2023).
This documentation is issued within 18 working days, but it can also be done on an emergency basis with an increase in the fees charged by OCPI of 5 times compared to the normal regime - the approval period is reduced to 6 days. For the issue of the documentation, the necessary documents include: property deed (certified copy), tax certificate for cadastre and land registration and identity card of the owner (and co-owners, if applicable). Cadastral documentation includes land registry and land registration.
Cadastre
The cadastre is the documentation and measurements of the property, i.e. the property file, the site plan and the survey plan or sketch. These will be recorded in the cadastral documents at the Land Registry Office so that the apartment can receive a cadastral number. To be able to sell an apartment, the cadastre must be updated up to date, analysing any changes made.
Registration
Proof of registration refers to the registration of the apartment based on the cadastral number in the Land Register at the Land Registry and Real Estate Office. Once these steps have been completed, the cadastral expert will hand over the cadastral file issued by OCPI, which will be presented to the notary at the time of the sale of the apartment.
Land register extract
To the list of documents required for the sale-purchase of an apartment, the land register extract is added. The land register extract refers to the legal situation of the apartment and is a document issued by the OCPI through the notary who handles the process of selling the apartment. It serves to authenticate the documents proving the change of ownership. Here is the list of documents required: identity card, application for the authentication extract and a copy of the land registry certificate. This document must be issued recently - the validity period of the land register extract is 10 working days from the date of registration.
Energy performance certificate
The list of apartment sale documents also includes the energy performance certificate. This document is issued by certified energy auditors - their contact details are listed on the Ministry of Development, Public Works and Administration website. It certifies the energy performance of the building by placing it in an energy performance class from A to G.
The energy performance of an apartment is calculated using a number of factors such as thermal insulation, energy production sources, technical characteristics of the building and installations, design and location, the influence of neighbouring buildings and the indoor climate of the building. In order to carry out the energy audit, the expert will need a number of data and documents, such as a floor plan of the apartment, information on the exterior walls, the year of construction and entries from the Technical Book of the building, from the block administration. Prices vary according to the size of the apartment. The certificate is issued within 1-2 days.
Certificate issued by the owners/tenants association
This is to prove that the owner is not in debt to the homeowners' or tenants' association. These debts include arrears on maintenance payments or debts on common expenses, working capital, etc. This document is valid for 14 days. It must be issued in original and must contain the full name of the president of the association and the property manager, with the signatures and stamp of the association. If the owner has maintenance debts and cannot pay them, he can sell the apartment only with the buyer's agreement and a clause must be inserted in the sale-purchase contract whereby the buyer takes over the debts.
Termination of the bilateral promise to purchase
As we have seen above, the contract establishes the obligation for the owner to sell the apartment to the buyer, and the buyer has the obligation to buy, but the ownership is not transferred. If you have signed an antecontract, however, this does not mean that you can't change your mind - but the decision will come at a cost, depending on the terms of the contract. If one of them changes their mind, they will pay a number of damages according to the terms of the contract. Termination of the contract means that the agreed terms are waived.
Fees paid
Selling an apartment also comes with a number of fees to pay. In addition to the necessary paperwork for the notary's office, there are also a number of fees to be paid to the notary. Who pays the notary fees - the seller or the buyer? The fee charged by the notary's office is paid by the buyer, the cost depending on the value of the apartment and the method of payment.
The other documents listed above that require fees are payable by the seller or buyer - it will be mutually agreed who pays them. The seller will also pay the sales tax - this is paid at the notary's office on the day the contract is signed. The tax varies depending on how long he has owned the property - under 3 years or more.
Other documents may also sometimes be required, as appropriate. For example, to the list of documents required for the sale of the apartment mortgage loan, documents will be added to prove that the loan has been repaid early, that the loan debt has been paid off at the sale, sale with mortgage debt, by transfer of ownership or by bridging loan at the same bank.
In conclusion, it is extremely important to inform yourself about the list of documents required when selling an apartment, prepare them in advance and be well organised throughout the process. This approach will help you save time and ensure a smooth and efficient real estate transaction.