New rules for the real estate transactions
Recent changes to the Tax Insurance Procedural Code, effective May 3, 2024, amended the rules for real estate and motor vehicle transactions.
Until now, the absence of public obligations to the state and municipal budgets was certified by signing a declaration by the seller. From May 3, 2024 notaries and registry judges will check through direct access to the NRA information system in real-time before the transaction whether you have such obligations.
This rule will apply to any kind of disposal with rights on real estate – sale, exchange, donation, the establishment of a mortgage or other limited real rights, entry of special pledges, or in-kind contribution to the capital of a commercial company, and also when transferring the ownership of motor vehicles.
Suppose you have obligations to the national or municipal budget that are subject to enforcement - unpaid taxes, excise duties, customs duties, mandatory insurance contributions, fines, etc. In that case, the transaction will only be possible if you first repay your obligations or give consent that your obligations are repaid from the price you receive from the opposite party. It is paid to the account of the relevant budget. Notaries and registry officials will be jointly and severally liable for enforceable public obligations and will strictly monitor compliance with this requirement.
In this regard, anyone can check about the existence of public obligations subject to enforcement through the portal for electronic services of the revenue agency with a personal identification code issued by the NRA or with a qualified electronic signature or on-site at the offices of the NRA. In order to certify that you do not have such obligations, you can request the issuance of a certificate under Art. 87 of the Tax Insurance Procedural Code.