Real estate dictionary (2)

4.Energy Certificate

The energy certificate is a document that contains information about the efficiency of a building in terms of energy, more precisely, it refers to the amount of energy consumed with heat, lighting or domestic as hot water in a building. The calculations necessary for the preparation of such a document are performed by a specialized person, called a certified energy auditor.

The energy performance certificate presents two important indicators: the energy class between A and G (class A being the most efficient energy) and the energy grade (between 1 and 100, the grade 100 is the best).

The energy performance certificate is issued following the documents submitted by the applicant, a visit to the property being mandatory.

When is an energy certificate needed?

The most common situations involving the presentation of an energy certificate are real estate transactions. In the absence of the energy performance certificate, the sale-purchase contract can be null (relative null because it can be contested in court). Moreover, in the case of an apartment that is purchased through the Prima Casa program (First Home Program), there is a condition that the house to be purchased through the loan, to be included in energy efficiency classes A, B or C, which can be prove only by an energy certificate.

Also, the energy certificate is necessary for registering the fiscal role of the building or for renting the building.

 

5. Sale-purchase contract in final form

The sale-purchase contract is the basis of the action by which a person (the seller) transfers the ownership of a property to or on another person (the buyer), who in turn undertakes to pay the seller the price of the good sold.

The sale-purchase contract for an apartment, for example, consists mainly of:

  • description of the real estate asset
  • exact address
  • the number of rooms
  • useful and built surface
  • cadastral number
  • how to acquire the apartment, whether the owner inherited it, bought it or donated it
  • the price of the apartment (both in numbers and in letters), specifying the method of payment and the currency in which it will be paid.

 

6. Ownership right

The exclusive right to own a tangible or intangible thing. The properties can be owned by a person, legal entity or governmental entity.

When we want to buy a property, we must know what are the documents that can prove the ownership of that property.

For land:

  • sale-purchase contract or deed of donation in authentic form by which the land was acquired
  • certificate of heir attesting that the property was acquired by inheritance together with the documents of the deceased
  • final and irrevocable court decision issued following a divorce, division, etc. process based on which the right of ownership and possession was assigned to the current owner
  • title deed issued by the County Commission for Establishing the Land Ownership Right (these titles were issued to the owners who regained their lands based on the land fund law no. 18/1991)

For land and buildings:

  • sale-purchase contract or deed of donation in authentic form through which the land and the building were acquired
  • certificate of heir attesting that the property was acquired by inheritance together with the documents of the deceased
  • sale-purchase contract or donation deed in authentic form by which the land and the building authorization and the urbanism certificate were acquired, both issued by the City Hall, for construction
  • final and irrevocable court decision issued following a divorce, division, etc. process, based on which the property was assigned in full ownership and possession to the current owner

For nationalized buildings returned to former owners:

  • final and irrevocable court decision
  • the disposition of the City Hall to return the building
  • report on the handover of the building issued by the Bailiffs Service

For apartments in blocks of flats:

  • sale-purchase contract with a state institution
  • construction contract concluded with a form of construction
  • sale-purchase contract or deed of donation in authentic notarial form
  • certificate of heir attesting that the apartment was acquired by inheritance
  • final and irrevocable court decision issued following a divorce, division, etc. process, based on which the right of ownership and possession was assigned to the current owner

 

Note:

  • the certificate of heir must be accompanied by the property deeds of the deceased.
  • the contracts with the construction companies are mandatory accompanied by the delivery-receipt-reception report with the contracting company
  • sale-purchase or construction contracts also include clauses regarding the payment method of the apartment.
  • if the home was purchased or built on credit, a commercial bank or the unit to which the owner is employed at that date, the sale-purchase or construction contract must be accompanied by the loan contract under which it was granted credit.

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