The regulations, concerning the procedure for deregistration of estates, are not quite detailed, in particular as regards the estates, representing municipal property. The only text, concerning deregistration of estates, representing municipal property, is this of article 64 of the Municipal Property Act. Deregistration of estates, representing state property, is provided for in the State Property Act (article 78) and the Regulations for its application (article 108 – article 114).
THIS ARTICLE IS INTENDED TO CLARIFY THE ISSUES, RELATED TO DEREGISTRATION OF ESTATES, REPRESENTING STATE/MUNICIPAL PROPERTY, AND TO PRACTICALLY SUPPORT THE INTERESTED PERSONS IN THE PROCESS OF REINSTATEMENT OF THE TITLE OF OWNERSHIP OVER THESE ESTATES.
First, there shall be clarified certain terms, which are widely used in this field:
The estates, representing state/municipal property, are declared to be such through the issuing of deeds pursuant to templates of the Minister of Regional Development and Public Works. These deeds are issued in two copies: one of the copies is compulsorily entered into and kept with the special deed books of the Registry Services – these books are public and everyone has access thereto. The second copy of the duly issued deed is kept by “State Property” Unit to the Regional Governor, respectively, “Municipal Property” Service.
This is a procedure, applicable to estates, which have incorrectly been registered as state/municipal property, as well as to estates, the grounds for whose registration have been cancelled. Namely such estates may and shall be reinstated to their owners, however, this is not done directly, but an express statement is required. These estates are deregistered from the deed books by order of the Regional Governor/Mayor of the Municipality and are delivered to the owner.
For the purposes of deregistration of an estate, an express request in writing on behalf of the owner is required.
- The request shall be submitted to the Regional Governor as per the estate’s location (respectively to “State Property” Department / “Municipal Property” Department).
- The request shall contain a detailed description of the estate, whose deregistration is required, as well as the following shall be enclosed: 1. all documents, evidencing the title of ownership of the person, submitting the request, over the relevant estate, or 2. documents, proving that the title of ownership of the state/municipality has lapsed (depending on the grounds for deregistration). Such documents may be contracts, notarial deeds, orders for cancellation of expropriation, decisions of land commissions for reinstatement of the title of ownership, etc., depending on the particular case. Again depending on the particular case, there may be necessary to submit a survey sketch, certificate of heirs, etc. The enclosing of all documents, evidencing the title of ownership, is of particular importance, because appealing of the refusal for deregistration of the estate is not expressly provided for. There is no court practice, related to appealing of refusals for deregistration, either.
- The request shall also specify the number of the state/municipal property deed.
- There shall compulsorily be indicated the grounds, whereon deregistration is requested, namely: whether the grounds for registration of the estate have been subsequently cancelled, or the claim concerns preliminary incorrect registration of the estate as state/municipal property.
- The request shall also contain the legal grounds for its submission, namely: for estates, representing state property, this is article 78, par. 1 of the State Property Act and article 108 of the Regulations for the application of the SPA, and as regards estates, representing municipal property – article 64, par. 1 of the Municipal Property Act.
- Finally, an express request shall be referred to the Regional Governor to order deregistration of the estate from the deed books of state/municipal property.
- The request shall also contain an express request for issuing of a copy of deregistration order and a certificate that the estate is deregistered from the deed books of state/municipal property (in case the request for deregistration is granted).
No terms for submission of such a request are prescribed. The procedure is free of charge. If it is established that the grounds for this exist, the estate is deregistered from the deed books. A certificate is issued to the person, by virtue of which a notarial deed for the title of ownership is issued (if the person does not have one).
With the changes made in State property Act with State Gazette No. 18/2010, effective from 5.03.2010, special procedure is noted for deregistration of estates that are:
- acquired in accordance with a privatization contract for sale of an isolated part of the property of commercial companies with more than 50% state participation in the capital
- property belonging to companies whose stocks and shares had been a subject of privatization sale contracts, on which the Agency for Privatisation and Post-privatisation Control exercises post-privatisation control.
In the cases mentioned above, the estates are deregistrated by order, issued by the regional governor upon presentation of a certificate, issued by the Agency for Privatisation and Post-privatisation Control for a lack of obligations ensuing from a failure to implement the privatization contract.