The communist period, years 1945-1989, had a major influence regarding a constitutional right, namely the right of ownership in Romania, as properties were abusively taken over by the state. Thus, it was subsequently aimed at developing and implementing measures related to the reclamation of nationalized buildings, given the evolution of the democratic society. The Romanian legislature has adopted a series of laws to solve the problem of restitution of abusively taken buildings, such as Romanian Law no. 112/1995 on the regulation of the legal situation of some buildings destined for housing, passed into state ownership, Romanian Law no. 10/2001 on the legal regime of some buildings abusively taken over between March 6, 1945 – December 22, 1989, Romanian Law no. 165/2013 regarding the measures for the completion of the restitution process, in kind or by equivalent, of the properties that were abusively taken over during the communist regime in Romania. Pavel, Margarit and Associates Romanian Law Firm recommends contacting a lawyer specialized in recovering the possession of nationalized buildings, appealing CNCI decisions and real estate disputes in Romania that can assist and represent you legally in an action for the recovery of possession in Romania.
According to the Romanian Law no. 10/2001 on the legal regime of some buildings abusively taken over between March 6, 1945 – December 22, 1989, the properties that were abusively taken over by the state in the communist period is returned in kind or equivalent. In principle, property that was taken over abusively in Romania are returned in kind in the state in which they are at the date of the refund request and free of any encumbrances, however, they are not likely to be returned if they were alienated on the basis of the Romanian Law no. 112/1995 for regulating the legal situation of some buildings intended for housing, owned by the state.
The person who suffered a civil damage has the possibility to call the Romanian National Authority for Property Restitution (ANRP) to obtain compensation for the damages. The Romanian Law no. 165/2013 regarding the measures for the completion of the restitution process, in kind or by equivalent, of buildings taken over abusively during the communist regime in Romania provides for the establishment of another institution in this field, respectively, the Romanian National Commission for Property Compensation (CNCI) regarding the applications related to the issuance of a CNCI decision in Romania. In practice, it often happens that the compensation value is not the appropriate one, which is why, most of the time, disputes are started for appealing the CNCI decisions in Romania.
You can contact one of our lawyers specialized in recovering the possession of nationalized buildings, appealing CNCI decisions and real estate disputes in Romania that can provide you with specialized assistance regarding the reclaim of abusively taken buildings during the communist period, using the contact form on our website https://www.avocatpavel.com/contact-us/.
According to the Romanian Law no. 165/2013 regarding the measures for the completion of the restitution process, in kind or by equivalent, of the buildings abusively taken over during the communist regime, the assessment of abusively taken over buildings for which compensation is granted is expressed in points and is made by applying the notarial grid valid for the year preceding the issuance of the the National Commission for Property Compensation (CNCI) decision in Romania, taking into account the technical characteristics of the property and the category of use at the time of its taking over. A point has the value of 1 Romanian leu.
In practice, we have faced situations where the Romanian National Commission for Property Compensation (CNCI) issued compensation decisions undervaluing the market value of the properties. These situations can be unpleasant, in particular, because people facing these situations are waiting for decades to receive fair compensation from abusively taken over buildings that cannot be returned in kind.
In conclusion, during the communist period, the state abusively took over properties, which is why the legislator pursued the possibility of claiming them in kind or by equivalent. As mentioned above, there are situations in practice where the Romanian National Commission for Property Compensation (CNCI) does not carry out a correct assessment of abusively taken over buildings. Pavel Margarit & Associates Romanian Law Firm is recognized for the extensive experience of its lawyers specialized in recovering the possession of nationalized buildings, appealing CNCI decisions and real estate disputes in Romania, which can help you to formulate a sue petition to obtain the cancellation of compensation decisions, the determination of the number of points related to the value of the property and the issuance of a new compensation title.
Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2023, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2023 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.