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Documents you need for real estate sales

06.03.2021

If you have decided to sell an apartment, a private house or a land plot, the first thing you need to know is what documents are needed for this and whom to appeal to.

A list of documents required for the sale of an apartment, a house or a plot of land

1. The real estate title.

The real estate title or the freehold estate is a document that proves ownership of the property and the way the title was obtained.

Thus, you should mandatorily provide the notary who shall certify the sale and purchase agreement all the documents (in original) specified in the extract from the Register of real estate in the “Grounds for registration” section. As a basis, one act or several may be registered, which may include:

a) Purchase and sale agreement;

b) Contract of donation;

c) Exchange agreement;

d) Certificate of inheritance;

e) Protocol of final acceptance (investment contract);

f) Court decision, etc.

2. The extract from the Register of real estate

The extract from the Register of real estate is a document containing information about the owner of the real estate object, area, land use, the deed of ownership of the seller over the object, the presence or absence of encumbrances, fixed charge and prohibitions applied in the prescribed manner. It is issued on a paid basis by the territorial cadastral authority.

3. A certificate of real estate value

The certificate is a document containing data on the value of the real estate, assessed for tax purposes. It is issued on a paid basis by the territorial cadastral authority.

4. Seller identity verification

According to Article 1 chap. (1) Law No. 273 of 09.11.1994 On identity documents of the national passport system, identity documents in the national passport system shall be considered: all types of passports, identity cards, residence permits, travel documents for stateless persons (Convention on the status of stateless persons of 28 September 1954), refugees (Convention relating to the Status of Refugees of 28 July 1951) and persons enjoying humanitarian protection.

5. The seller’s representative power of attorney

If a third party represents the seller when signing the sale and purchase agreement, you will need to present a notarized power of attorney, which will indicate the right to sell and the identification data of the property (cadastral number, address, etc.).

If the power of attorney is issued on the territory of a foreign state, it is necessary to check whether it is valid on the territory of the Republic of Moldova without additional super legalization. Otherwise, the power of attorney must be apostilled, translated into Romanian and/or Russian and legalized by a notary of the Republic of Moldova.

Powers of attorney used to authenticate acts of disposition of property or acts granting the right to conclude acts of disposal on their own behalf or on behalf of another person remain in the file in their original form or in the form of a legalized copy.

6. Identity document of the person representing the interests of the seller

7. Power of attorney from the seller’s spouse/partner

If both spouses/partners are registered in the Real estate register as owners, then both spouses/partners must appear before a notary and sign the purchase and sale agreement. However, one of the spouses/partners can give the other one a power of attorney for the right to sign the contract instead of them, if for certain reasons (visit abroad, health conditions, etc.) they cannot be present at the signing of the contract.

Additional documents required for the sale of an apartment under construction

According to Article 36 of the Law No. 246 of 15.11.2018 On Notarial Procedure, when certifying a contract of sale of real estate under construction, a notary, in accordance with paragraph (2) of Article 17, shall check information from electronic public registers related to real estate in the course of construction, the plot encumbered with construction, the owners of the rights to it. The parties shall submit the following acts to the extent that there is no information about them in the public registers:

8. Building permit;

9. Documents confirming ownership or superficies for the plot;

10. Declaration of condominium;

11. If necessary – other acts.

What documents should not be presented to a notary?

1. After the changes made to the Law on Notaries of 2018, it is not mandatory to submit to the notary certificates of the State Tax Service on the absence or presence of debts to the budget related to real estate.

2. To confirm the purchase and sale agreement, it is not necessary to present documents and/or invoices confirming the absence of sums unpaid in utility bills. These documents can be presented to the buyer to confirm the absence of debts.

3. In the case of purchasing a house under construction in the private sector, the seller must send the buyer all the necessary permits to continue construction (urban planning certificate, building permit, demolition permit, applications to the Technical Supervision Agency, etc.). Submission of these documents to a notary is not mandatory.

4. If persons with a residence permit but not owners are registered in the real estate being sold, their consent is not required, since the residence permit does not give any ownership rights to real estate.

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