LPA C civ, art. 29 [Statutory Building Right over Public Rent and Royalty]
(1) By virtue of Law No. 133/2018, as of 1 March 2019, a statutory building right (superficies) shall be established over the land belonging to the state or the administrative-territorial units (either it forms part of the public or the private domain) in favor of the owner of the immovable property entered in Chapter B (save for provisional constructions) and of the owner of the immovable property entered separately in Chapter C of the registry of immovable property provided that the owner of such immovable property was, as at 1 March 2019, falling under one of the following cases:
a) it has a building lease right over the land;
b) it has a concession right over the land;
c) it has a right of use under a public-private partnership over the land;
d) it has a right of possession or use over the land, other than that set out in sub-paragraphs (a)-(c);
e) it has no right over the land.
(2) A superficiary that holds a statutory building right under paragraph (1)(d) or (e) is bound to pay to the state budget or, as the case may be, to the local budget an annual royalty, determined by the Government, for land belonging to the state or, determined by the local public authority, for land belonging to the administrative-territorial unit, provided it shall not be less than the minimum annual rent of public property land set out under Article 10(11) no.1308/1997 on the Normative Price and the Manner of Sale and Purchase of Land. This obligation also encumbers the subsequent acquirer of the separately registered property and of the building right.
(2¹) The following shall be exempted from the annual royalty set out in paragraph (2):
a) budgetary authorities / institutions financed out of the state budget, public authorities / institutions for self-management founded by the central public administration authorities, state enterprises and fully-state owned companies – regarding the state-owned lands on which the buildings of these entities are located;
b) budgetary authorities / institutions financed from the local budget, public authorities / institutions for self-management founded by the local public authorities, municipal enterprises and fully-state owned companies of the administrative-territorial unit – regarding the lands owned by the administrative-territorial unit on which the buildings of these entities are located;
c) condominium co-owners associations, housing construction cooperatives, privatized homeowners associations, religious denominations and their constituent parts, cemetery administrators – in respect of land owned by the state or administrative-territorial unit over which they have a right to possession or use;
d) the owners of the residences (rooms) in apartment buildings, of residential houses with several privatized apartments, which do not constitute apartment building, of residential houses (private house, holiday house), of the household annexes, and of the gardens – regarding the lands owned by the state or the administrative-territorial unit on which the buildings of these subjects are located.
(3) In the case set out in paragraph (1)(e), the building right is established solely over the portion of the land needed to service the property separately entered in chapter B. The specific area of the portions of the land shall be established by the owner of the land, upon request of the superficiary or upon the owner’s motion.
(4) In the case set out in paragraph (1)(a)-(d), if the owner of such immovable property holds the aforementioned right solely in respect of a portion of the land, the building right covers solely the portion of the land covered by such right.
(5) The building right set out by this article is perpetual. Notwithstanding, if the juridical act or the administrative act or the law that governs the right referred to in paragraph (1)(a)-(d) provides for a time-limit of such right after whose expiry the owner of the land becomes the full owner of the property entered separately in Chapter B, the building right shall end upon expiry of the time-limit of such right.
[Art.29 modificat prin Legea nr.171 din 19.12.2019, în vigoare 01.01.2020]
Autor: Octavian Cazac
Publicat: 5 august 2020
Municipiul Chișinău a adoptat reguli subordonate legii, de punere în aplicare a noii instituții a superficiei legale și, în special, reguli de stabilire a redevenței care se plătește municipiului. A se vedea Regulamentului privind raporturile juridice de superficie și locațiune care au ca obiect terenuri municipale (aprobat prin Decizia Consiliului Municipal Chișinău nr. 11/13 din 16 iulie 2020). Regulamentul este publicat și pe Registrul actelor locale.
Regulamentul intră în vigoare din data publicării sale în Registrul actelor locale, adică 22 iulie 2020.