Article 97. Particularities of Privately Owned Lands

(1) If, at the date of entry into force of this Chapter, the land is owned by one or more individuals and/or legal entities other than the state or administrative-territorial unit, Articles 88 and 89 apply with the following exceptions:
a) the land does not form part of the condominium, and the entry provided for in Article 88 paragraph (3) is not made. The landowner may not demand payments from the condominium owners for the use of the land portion necessary for the condominium;
b) within one year from the entry into force of this Chapter, the landowner is obligated, at its own expense:
– to initiate and complete the immovable property formation procedure under the conditions of Law No. 354/2004 on the Formation of Immovable Property for the formation of the condominium land and to consent to the deletion of their ownership over the condominium land. The condominium land will include the land on which the condominium building is situated and the necessary adjoining land for the proper service and operation of the building, in accordance with the legislation and urban planning documentation, as well as, if available, with the construction documentation and contracts concluded between the landowner and the condominium owners;
– if the private person’s land does not exceed the condominium land according to the requirements set out in the first bullet point of this subparagraph, to consent to the deletion of their ownership over the land;
c) from the date of deletion as per subparagraph b) of this paragraph, the condominium land ceases to be the property of the person or persons mentioned and becomes the shared ownership of the condominium owners, and the entry provided for in Article 88 paragraph (3) is to be made.

(2) The person or persons whose ownership has ceased under paragraph (1) subparagraph c) are entitled to receive compensation from the condominium owners for the transferred land only in cases and under the conditions provided by the contracts concluded before the entry into force of this Chapter, as well as in cases where this would be required according to international conventions to which the Republic of Moldova is a party.

(3) Any condominium owner and the association may request the landowner to fulfill the obligations provided for in paragraph (1).

(4) The person indicated in paragraph (1) will communicate the decision on the formation of the immovable property provided for in paragraph (1) subparagraph b) to the condominium owners by displaying a copy of the decision on the notice board and transmitting a copy of the decision to the association’s bodies, if established. The cadastral office within whose activity area the immovable property is located may register the decision of the immovable property formation not earlier than one month from its communication in the established manner, according to the sworn declaration of the person indicated in paragraph (1).

(5) Any condominium owner and the association may challenge in the common courts the decision on the formation of the immovable property if the plan of the condominium land does not meet the requirements of paragraph (1) subparagraph b) and may request the court to appropriately modify the boundaries of the condominium land by virtue of a judgment.