In Romania, the sale or purchase of a building cannot be completed legally without the intervention of a notary. The law requires that any contract of sale-purchase be authenticated to the notary, which gives the act enforceable value. Thus, no building can be transferred legally without notarial involvement. The notary thoroughly checks the documents, identity of the parties and their consent, guaranteeing that the transaction complies with all the requirements of the law.
Looking for one good notary in Bucharest? It is advisable to go to one specialized in real estate transactions, with relevant experience in sales of land, houses, apartments, apartments, etc. A well -trained professional will clearly explain the procedures, draft the contract correctly and will provide useful consultancy. Thus, you will sign the contract of sale-purchase without worry and errors, knowing that your transaction is safe.
A good public notary not only solves the problems, but helps you to avoid them in the long term. See below how!
Mandatory verification made by the notary before authentication of a building selling contract
Within a real estate transaction, the notary will verify the authenticity of the property documents. Before one contract of sale (land, house, apartment, commercial space, etc.) to be signed and authenticated, the notary carefully analyzes each act attesting the right of ownership on the building. Whether it is a title of property, a heir certificate or a teaching-receipt report, the notary ensures that these documents are real, correct and in accordance with the legislation in force. This stage prevents any fraud, protecting both parties involved in the transaction.
Another essential document in the verification process is the extract of land book. It is issued by the Office of Cadastre and Real Estate Advertising (OCPI) and contains detailed information about the building: the exact description of the property, the surface, the address, the name of the current owner and the possible tasks that strike on the building, such as mortgages, usufruct rights or alienation prohibitions. The notary requests this special extract for authentication and analyzes it carefully in the presence of the parties, to confirm that the data coincide with the information declared by the seller.
An essential aspect that the notary pursues is the existence or absence of tasks and disputes on the property. If the extract of the land book indicates the existence of a mortgage or if the building is involved in a legal process, the notary will immediately inform the parties involved. In such situations, the transaction cannot be completed until these problems are legally solved. The cancellation of the mortgage or clarifying the litigious situations become mandatory conditions to go further with the sale. By this careful check, the notary guarantees that the new owner will purchase a “clean” building, without hidden risks.
In addition, the notary will check if the building is correctly tabulated in the land book. The tabulation is the process by which the property right is officially registered at the OCPI. If it is found that the building is not tabulated or that there are inconsistencies in its registration, the notary will draw attention to the problem and recommend the procedures necessary to regularize the legal situation. In many cases, the notary can even coordinate the steps to obtain the tabulation conclusion, so that the transaction can continue without delays or legal risks.
All these prior checks are essential to have the guarantee that the real estate transaction will be carried out correctly, transparently and in full compliance with the law. The role of the notary is, therefore, much more important, extending beyond the authentication of the signatures, which becomes a true legal safety filter for both sides of the contract.
The notary plays an essential role in drafting a personalized and safe building contract
Among the most important roles of the notary in a real estate transaction is to correctly draft the building contract. This document is not a simple standard form, but an official act that must fully comply with the legal provisions. The notary ensures that each essential element of the transaction is included and formulated clearly.
The contract will include details such as:
- the exact description of the building (address, surface, cadastral number);
- the price agreed by the parties;
- payment method (bank transfer, full payment or rates);
- the deadlines;
- Any other special conditions on which the seller and buyer agreed.
In addition to the actual drafting, the notary has the obligation to explain each clause in the contract, using an accessible language, so that all the parties involved fully understand the content of the document.
Depending on the specificity of each situation, a building contract can be personalized with additional provisions. For example, if the building has several co -owners (spouses, heirs or business partners), the notary will introduce clauses to reflect the agreement of all the parties involved. Also, special conditions, such as non -compliance clauses, can be included for a certain period, provisions regarding the exact date of the delivery of the building or penalties applicable in case of non -observance of the established terms.
Through his legal experience and expertise, the notary will adapt the formulation of the contract so that the final document perfectly corresponds to the needs of each party, avoiding the writing mistakes or ambiguities. Thus, you will have the guarantee that you sign a correct, complete and full contract with the law.
The notary clarifies in advance all the taxes and expenses related to the immovable sale contract
The notary clearly explains his fee and the taxes related to the transaction. According to the law, the notarial fee is calculated at the declared value of the building (there is a minimum and maximum grid established by the law). The notary presents these values before signing, so you know exactly what amount you will pay. At the same time, it calculates the state taxes, including the transfer tax, mentioning them explicitly.
Before signing you will receive a total cost estimate. They tilt the fee, the OCPI taxes for the tabulation and any other mandatory expenses (for example: the tax issuance tax, energy certificate, certified copy, etc.). Thus, there will be no unpleasant surprises when you present yourself at the notarial office. In addition, the notary will confirm to you which part (seller or buyer) pays each fee, avoiding misunderstandings.
The notary will advise you how to avoid unjustified costs and pay only the minimum legal taxes. For example, it will explain to you that you do not have to pay additional for documents already included in the procedure and will direct you to obtain useful documents in advance (such as CF information extract), saving time and money.
The notary helps you prepare the file correctly with all the necessary documents
The notary will provide you with the full list of documents needed for the transaction. This includes the identity documents and the civil status certificates of the sellers and buyers, as well as the property documents (previous sale-purchase contracts, certificates of heir, donation documents, mortgage deletions, etc.). You will also need the plan of cadastral situation and the extract of land book (for information) related to the property.
Also, a notarial office can get some documents on your behalf. By law, the notary can request and receive the extract of land book for authentication from OCPI, saving your time. In addition, it will indicate where you can quickly obtain the local tax certificate or the certificate from the owners association. When signing, you will also have to bring the buyer's bank account (IBAN), which is introduced in the contract for the price payment.
Last but not least, the notary manages to draw up the final file. After you bring all the documents, it checks them, completes them with additional statements (if applicable) and ensures that each page is signed and paraphrased correctly. Thus, at the time of signing, the file is complete and correct. Thus, you will sign an act that contains all the necessary annexes.
The notary deposits the tabulation conclusion at OCPI
After you sign, the notary submits the conclusion of tabulation to the Cadastre and Real Estate Advertising Office (OCPI) to register the new property right. Finally, the OCPI updates the land book of the building with the name of the buyer. The notary ensures that the documents are transmitted correctly and that all cadastral taxes are paid, so that the process is quick and errors without errors.
The buyer receives the conclusion of tabulation and an updated land book extract with his name. This step officially attests the completion of the transaction. The ownership of the buyer is thus protected: once tabulated, the building can no longer be claimed by third parties, and the transaction cannot be canceled for other reasons.
Therefore, the involvement of the notary public guarantees the protection of your right over the building. With the documents registered with the OCPI and all the taxes paid, the transaction is final and without risks. You will receive the official evidence confirming that you are the new owner in documents. In conclusion, collaboration with a good notary is essential for the safety of your real estate transaction. Through its professional assistance, all formalities are respected, and your rights are defended. In this way, you are protected from any future legal problems.
