Last updated: 30 March 2018
A new procedure for the final or temporary withdrawal of lands located outside built-up areas from the agricultural circuit was passed in February. This procedure regulates the method of approval and the documentation necessary for performing such operation. The procedure was approved by the Order of the Minister of Agriculture and Rural Development no. 83 as of 23 February 2018, published in Official Journal no. 184 as of 28 February 2018.
This procedure presents an interest also for those who wish to build farms or household outbuildings on a land located outside the built-up area. The number of such people has increased lately, as shown by the records of the agricultural directorates.
This procedure brings certain changes to the former Regulation (dating from 2015). These changes refer to the documents to be filed and to the approval procedure.
Please note that the new regulation only applies to lands located outside the built-up area. It excludes lands located in the built-up areas and permanent meadows.
NECESSARY DOCUMENTATION
As a general rule, those who apply for the final or temporary withdrawal from the agricultural circuit of lands located outside the built-up area must draft a specific documentation. As an example, here are some of the most important necessary documents:
• Informative land registry extracts and the cadastral plan extract;
• The urban planning certificate and the site layout;
• the pedological and agrochemical study used in the inclusion of the land in its quality class;
• the calculation of the fee due for this operation;
• the technical memo.
Furthermore, compared to the former regulation, the procedure mentions several additional documents, such as:
• the site inspection report showing the existence/inexistence of constructions on the agricultural land located outside the built-up area;
• the Government/County Council/Local Council decision declaring the public utility of national, county or local investment objectives (for specific cases).
The procedure also requires additional documents if the applicant wishes the final withdrawal from the agricultural circuit of lands having specific use categories, such as:
• the deforestation permit – for lands part of the orchards or vineyards use category;
• a certificate issued by the Mayor’s Office attesting that the total surface of the meadow was registered as such on 1 January 2007 in the agricultural registry or a certificate issued by the Mayor’s Office showing whether there is a surplus of permanent meadows in its jurisdiction – for lands part of the permanent meadows use category;
• a certificate issued by the Mayor’s Office listing the location coordinates, the use category of the land and attesting that the land in question is used for agricultural purposes – if the applicant intends to build specific investment objectives, as – for example – ancillary facilities or farms.
On the other hand, the procedure no longer requires an assessment of the lands by appraisers certified by the Ministry of Agriculture, Forests and Rural Development, as well as urban planning studies (General Urban Plan or Area Urban Plan) for the withdrawal from the agricultural circuit of lands located outside the built-up area – 1st and 2nd quality class, of lands with land improvements and of lands with vineyards and orchards.
APPROVAL METHOD
The procedure stipulates the method of approval of the final or temporary withdrawal from the agricultural circuit of lands located outside the built-up area for the purpose of building the investment objectives stipulated in article 92 paragraphs (2), (3) and (9) of Law no. 18/1991, as follows:
• pursuant to a decision of the chief of the county agricultural authority, for agricultural lands having a surface up to 1 hectare included;
• pursuant to a decision of the chief of the county agricultural authority, with the endorsement of the specialized department of the Ministry of Agriculture and Rural Development, for agricultural lands having a surface up to 100 hectares included;
• pursuant to a Government decision, initiated by the Ministry of Agriculture and Rural Development, for agricultural lands with a surface exceeding 100 hectares.
For the above mentioned lands, beneficiaries must submit their applications to the county agricultural authority. This authority also issues the final withdrawal decision (where applicable, with the endorsement of the Ministry of Agriculture and Rural Development).
The procedure shall apply to applications filed after 26 March 2018. Procedures started prior to this date shall be finalized in accordance with the laws in force at the moment of their registration.