Este obligatoriu certificatul de urbanism la vânzarea unui teren intravilan fără construcții?

Este obligatoriu certificatul de urbanism la vânzarea unui teren intravilan fără construcții?

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În domeniul tranzacțiilor imobiliare, unul dintre cele mai frecvente subiecte de dezbatere îl reprezintă obligațiile legale privind documentația necesară la vânzarea unui teren intravilan fără construcții. O întrebare pe care o întâlnim des este: este obligatoriu certificatul de urbanism în acest caz?

Deși răspunsul pare simplu, analiza prevederilor legislative relevă nuanțe ce trebuie înțelese și adaptate fiecărei situații.

Ce spune legea?

Legea nr. 350/2001 privind amenajarea teritoriului și urbanismul:

  • Conform Art. 29 alin. (2), certificatul de urbanism este obligatoriu pentru adjudecarea lucrărilor de proiectare și execuție a lucrărilor publice, dar și pentru întocmirea documentațiilor cadastrale în scopul construirii.
  • În cazul vânzării sau cumpărării de imobile, solicitarea certificatului de urbanism este facultativă, cu excepția cazurilor în care terenurile sunt împărțite sau comasate în vederea construirii sau realizării unor lucrări de infrastructură.

Legea nr. 50/1991 privind autorizarea executării lucrărilor de construcții:

  • Art. 6 alin. (6) menționează că certificatul de urbanism trebuie emis pentru operațiuni notariale privind circulația imobiliară, dar doar dacă acestea implică împărțeli sau comasări de parcele pentru lucrări de construcții.

Interpretarea prevederilor

Din analiza celor două acte normative, reiese că certificatul de urbanism nu este obligatoriu în toate cazurile de vânzare de terenuri intravilane fără construcții. Există însă câteva excepții importante:

  1. Dacă terenul este divizat sau comasat în scopul construirii.
  2. Dacă terenul este vândut în cadrul unui proiect mai amplu, ce implică lucrări de infrastructură sau urbanizare.
  3. În anumite situații, notarul public poate solicita certificatul pentru clarificarea regimului juridic sau urbanistic al terenului.

Recomandarea noastră

Deși legea nu impune obligatoriu certificatul de urbanism în toate cazurile de vânzare, considerăm că obținerea acestuia este o practică utilă și recomandată din mai multe motive:

  1. Claritate pentru cumpărător – Certificatul de urbanism oferă informații esențiale despre regimul juridic, tehnic și economic al terenului, precum și despre eventualele restricții sau interdicții de construire.
  2. Evitarea riscurilor ulterioare – Dacă ulterior achiziției cumpărătorul constată că terenul nu poate fi utilizat în scopul dorit (de exemplu, pentru construirea unei case), pot apărea conflicte sau chiar solicitări de despăgubiri.
  3. Transparență în tranzacție – Un certificat de urbanism adaugă un plus de profesionalism și încredere în relația dintre vânzător, cumpărător și notar.

Concluzie

Obținerea unui certificat de urbanism pentru vânzarea unui teren intravilan fără construcții nu este întotdeauna o cerință legală obligatorie. Totuși, este un instrument util care poate preveni eventualele probleme și asigură o tranzacție mai transparentă și sigură.

Recomandăm tuturor vânzătorilor să analizeze cu atenție situația specifică a terenului împreună cu un notar și, dacă este cazul, să solicite certificatul de urbanism înainte de încheierea tranzacției.

Pentru orice întrebări legate de documentația necesară în astfel de situații, echipa Equinox Imobiliare vă stă la dispoziție cu servicii profesionale și consultanță personalizată.

Pe aceeași tema, mai puteti citi:

Atenție la Certificatul de urbanism! [1]

Atenție la Certificatul de urbanism! [2]

Achiziționarea unui Teren pentru Construirea unei Locuințe

De ce este greu sa gasesti un teren bun in Ploiesti

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