TERMS OF REFERENCE
INDIVIDUAL NATIONAL CONSULTANT
SUPPORT IN PREPARING AMENDMENTS TO LAW No. 7/1996 for CADASTRE
AND LAND REGISTRATION
1. Project Background
The objective of the Complementing EU Support for Agricultural Restructuring project is
to facilitate market-based farm restructuring through enhancing the ability of farmers,
farm family members and farm workers to manage their assets and income. Under this
overarching objective, the project will assist the Government of Romania (GOR) in
completing the property title registration of land assets in rural areas to improve the
security of land property rights and reduce transaction costs on rural land markets.
The project is amongst other to:
Assist the GOR in improving the delivery of guidance services that enable the
agricultural population to more sustainably manage its income and assets and thus
contribute to the absorption of available national and EU support programs,
 Improve the property rights security,
 Endow owners and users of rural land with legal proof of ownership or operatorship,
 Contribute to an enhanced functioning of rural land markets,
 Standardize the processes for sporadic and property rights systematic (mass)
registration.

Within this framework, and after observing the international trends in the sector, the
Government of Romania decided in June 2004 to merge the cadastre and land book
functions into a single, self-financing national agency called the National Agency for
Cadastre and Land Registration, hereinafter ANCPI, subordinated to the Ministry of
Administration and Interior.
The main law ruling the cadastre and land registration field is the Law No. 7/1996. In the
new mentioned framework and considering the ANCPI intention to start the systematic
registration process of all real estates in Romania, we have identified several situations
that are not covered by this law as it is now. We take also into consideration the entry
into force of the new Civil Code, which brings significant changes to the legislation in the
field of cadastre and land registration. Therefore, the intention is to amend Law No.
7/1996 for addressing these situations by:
- establishing the title adjudication process as an administrative process,
- resolving complaints and dealing with objections, including the introduction of
administrative and judicial steps for both sporadic and systematic property
registration,
-
regulating the new electronic land book resulting from the systematic registration.
For the implementation of the envisaged changes regarding the systematic registration
process, a working group from the Land Registration and Cadastre Departments was
created to elaborate the amendments to Law no.7/1996 for cadastre and land
registration, in order to sustain the above highlighted issues.
2. Objectives
The main objective of the assignment is to support ANCPI in preparing the amendments
of Law No. 7/1996, of cadastre and land registration and support in promoting these
amendments in order to facilitate the process of sporadic and systematic registration of
immovable properties and considering the modifications required by the new Civil Code.
I. The purpose for amending the current Law No. 7/1996 of cadastre and land
registration is to establish:
- principles and procedures for sporadic and systematic registration of immovable
properties;
- registration of owners in the process of systematic registration through an
administrative/judicial or mixt procedure, the legal effects of ownership
registration, the regime of acts under private signature;
- registration of property rights for the immovable properties located in the former
non-cooperativized areas;
- legal regime for dealing with differences in land area resulting from the
comparison of deed area with (cadastral) surveyed area;
- the organizational arrangements, including human resources, required for the
process of systematic registration of immovable properties;
- procedures for the commissions established to solve the complaints and claims as
an administrative process;
- the general rules for transferring the information related to immovable and
ownership rights from three property evidence systems (old land book system,
transcriptions and inscriptions registers and the property titles registers) to the
new unified system of cadastre and land book by updating it at the same time in
accordance with the existing situation found after completion of the cadastral
work for systematic registration of property rights;
- modalities to terminate the effects of the registration in the real estate records
(transcriptions- inscriptions registers, ancient land books, etc.) and to terminate
the effects of earlier plans of achieving the systematic registration of immovable
properties;
- clarify the legal effect of the registration based on the systematic registration
system and sporadic registration system, in light of new regulations of the Civil
Code.
II.
Identifying and reporting of any changes or additions that are needed for
implementing the proposed amendments, in the Regulation of organization and
operation of the cadastre and land registration bureaus, approved by Order of general
director of ANCPI, no. 633/2006, with subsequent amendments and completions. These
changes will harmonize the amendments proposed for modifying and completing the
Law no. 7/1996, with the provisions of Regulation.
This TOR requests the services of a national lawyer/national legal expert, hereinafter
called the Consultant, selected based on professional and expert criteria to support
ANCPI to develop an efficient project to amend the Law no. 7/1996 of cadastre and land
registration and to identify and mark up the needed changes in the Regulation for
organizing and functioning the cadastre and land registration bureaus, as a result of
implementing the proposed amendments of law.
The Expert should support ANCPI in the process of harmonising the subsequent
legislation with the new Civil Code, as well as promoting the proposed amendments.
3. Scope of Work and Tasks
The Consultant will focus on preparing the necessary amendments to Law No. 7/1996
of cadastre and land registration, in order to correlate the legal framework in the field of
cadastre and land registration with the requirements of the new Civil Code as well as
sustaining these amendments in the administrative and legal procedures to their
adoption.
In order to accomplish the above scope of work, the Consultant will follow the following
steps:
3.1. Elaborate recommendations
During Phase 1 of this assignment the Consultant will provide recommendations
regarding the necessary changes to be made to the Law No. 7/1996 of cadastre and
land registration, with particular attention to:
• establish the principles and procedures processes that will govern the
systematic and sporadic registration processes;
• develop proposals for registration of possessors in the process of systematic
registration through an administrative procedure, establishing the legal effects of
registration of possession as well as the regime of acts under private signature;
• develop proposals for registration of property rights for the immovable properties
located in the non-cooperativizate areas;
• formulate solutions for legal regime of differences in land area resulted from
comparison of deed area with (cadastral) surveyed area;
• establish the responsibilities of the authorities involved in the systematic
registration process (public authorities, institutions/authorities holding public
ownership, contractors, etc.);
• regulate the first registration of properties in case of systematic registration,
establishing of a legal procedure for resolution of the appeals, setting up the
composition and competence of Appeals Committee;
• develop a simple procedure for registration of property titles issued under the laws
of property, indicating the administrative and legal steps for sporadic and
systematic registration;
• develop the proposals for termination the effects of the registration in the real
estate records (transcriptions- inscriptions registers, old land books, old
cadastre plans etc.).
At the end of this stage the Consultant will be required to make a presentation to ANCPI
in order to sustain the proposals and recommendations formulated. The ANCPI will
analyse these proposals and provide written comments to the Consultant within five
working days after presentation.
3.2. Elaborate the amendments to the Law no. 7/1996 of cadastre and land registration
Phase 2 will consist of preparing the draft law of amending Law No. 7/1996 of cadastre
and land registration according to necessity of change identified in the previous phase,
in order to create a viable legal framework for systematic and sporadic registration of
immovable properties.
3.2.1. Elaborating amendments to the Law No. 7/1996 of cadastre and land registration
A workshop will be organized by ANCPI to discuss the first draft of amendments to the
Law No. 7/1996 of cadastre and land registration. During this workshop the Consultant
will present his proposed amendments to the Law No. 7/1996 of cadastre and land
registration.
Within ten working days following the workshop, the Consultant will submit to the
Project Manager the second draft of amendments to the Law No. 7/1996 of cadastre
and land registration. The ANCPI will provide comments within five working days to the
proposed draft. These comments should be included in the final version of draft
amendments to the Law No. 7/1996 of cadastre and land registration.
3.2.2. Identifying and reporting of provisions of Regulation for organization and
operation of the cadastre and land registration bureaus, which are to be change,
addition, update or repeal, according to the New Civil Cod provisions (Law no.
287/2009) and with those included in the draft law for changing, modifying and updating
the Law no. 7/1996.
The Consultant will identify and report the changes and amendments to be made in the
Regulation for organization and operation of the cadastre and land registration bureaus,
needed for implementing the amendments of Law no. 7/1996.
3.3. Promoting and reporting actions
During the contract period the Consultant will support ANCPI in promoting the proposed
amendments to the Law No. 7/1996 of cadastre and land registration and amendments to
the regulations of General Director of ANCPI, to the civil society, public institutions and
collaborators (UNNPR, ARB, UNEJR, CNADNR, etc.). To that purpose he will attend up
to two conferences or public debates initiated and organized by ANCPI within an agreed
timetable. The first of these debates will be held prior to Phase 1.
The Consultant also undertakes to support and promote amendments made by ANCPI to
the Law No. 7/1996 of cadastre and land registration with materials prepared for
publication.
At the end of his assignment, the Consultant will prepare and submit a final report
summarizing his findings, actions and recommendations. The ANCPI will provide
comments within five working days, which must be included into the final version of the
final report. The final report should be produced in both Romanian and English.
4. Language
Official language for the assignment shall be Romanian. All materials and reports
produced by the consultant under this contract shall be made available to the Client in
Romanian in hard copy and digitally in MS Word format. The final report will be produced
in both Romanian and English.
5. Work Products
5.1. The Consultant will be required to present a short program of work to be agreed
with the client at the start of the consultancy.
5.2. Phase 1 will result in a guideline document referring to principles, entities for
registration and other major issues to be taken into consideration when elaborating the
draft for the amending the Law No. 7/1996 of cadastre and land registration and for
amending the Regulation of organization and operation the cadastre and land
registration bureaus.
The Consultant will be required to make a presentation to ANCPI at the conclusion of
the first phase under above Scope of works. The ANCPI will comment on the
presentation and provide written feedback to the consultant within five working days
after presentation.
5.3. Phase 2 will produce the final draft of law for amending the Law No. 7/1996 of
cadastre and land registration and the proposals for amending the Regulation for
organization and operation of the cadastre and land registration bureaus, within the
scope of work.
5.4. Phase 3: the Consultant will be considered to have accomplished this phase after
attending a public conference organized by the ANCPI, after adoption by the
Government of the law amending and supplementing Law no. 7/1996, republished, with
subsequent changes. The Consultant will also produce a final report summarizing his
findings, actions and recommendations.
6. Period of Performance
The work will have to be completed within maximum 70 working days over a period of 7
calendar months.
Task
Task description
Allocated
Delivery deadline
working
days
Within 7 calendar days
Preparation of the guideline document,
3.1
5
after signing the
including proposed working program
contract
Within 70 calendar days
Preparation the draft amendments of
3.2.1
30
after submission of work
Law no. 7/1996
program
Identifying and reporting of provisions
to be changed in Regulation
of
Within 100 calendar
organization
and
operation
the
3.2.2
25
days after submission of
cadastre and land registration bureaus,
work program
needed
for
implementing
the
amendments of Law no. 7/1996.
3.3
Promoting actions and final report
10
Within 7 calendar
months after
submission of work
program
7. Professional Expertise Required
In order to achieve the assignment it is necessary to hire the services of a senior lawyer
who should meet the following requirements:
•
•
•
•
•
Legal education (Master degree or higher);
Good knowledge of Romanian land administration system: at least 5 years of
experience with Romanian property rights/real estates/land administration process
(as a judge, lawyer, notary, registrar, etc.);
Prior experience in developing or amending legal frameworks;
Academic experience regarding the real estates laws and land registration laws:
published materials in these fields of Romanian law;
Knowledge of various land administration systems and of modern land
administration practices would be an advantage.
8. Client Project Manager:
Mr. Victor Grigorescu, Director Projects Management Department will act as Project
Coordinator on behalf of the client, and all reports must be submitted to him.
The Project Manager will review and approve the reports and also submit them for
being reviewed and approved by the Mr. Marcel Grigore, Deputy General Director.
Client’s counterparts for the Consultant:
• Mrs. Eugenia Sas, Land Book specialist, Projects Management
Department
2. Reports and deadlines for submissions
Reports under WORK PRODUCTS above will be submitted to the Project Coordinator
according to the deadlines mentioned under above point 6 – Period of Performance.
Reports will be delivered in one hard copy and one electronic copy. They will be
commented on by ANCPI within five working days of their reception.
3. Place of the Mission
National Agency for Cadastre and Land Registration (ANCPI), Bucharest, Romania.
4. Other provisions
Office space, telephone and Internet access will be provided by ANCPI, upon
Consultant’s request.