Resource information
This Act lays down rules regarding the acquisition of property rights of agricultural and forestry lands, the institution of usufruct right on such lands, the use of land, the control on restrictions relative to the acquisition of land, and rules regarding local land commissions. This Act applies to all land in the national territory. The Act is composed of seven chapters: Preliminary provisions (I); Acquisition of Property Right of Land (II); Acquisition of Usufruct Right and of Right of Use (III); Use and Utilization of Land (IV); Control on Restrictions relative to the Acquisition of Land and the Compulsory Utilization (V); The Local Land Commission (VI); Final Provisions (VII). Articles 10-15 determine who may be entitled to the acquisition of land property and foresees certain restrictions, such as that the new proprietor of land must use the land exclusively for the use registered in the land register for a minimum of five years. Articles 16-17determine the maximum size of land property case by case. The right of pre-emption is ruled in Arts. 18-22. Sale contracts must be approved by the competent authority according to the rules foreseen by Arts. 23-30. Acquisition of entitlements of land use rights, its prohibition and the allowed size are ruled in Arts. 40-43. The duration of lease contracts is minimum one and maximum 20 crop years. Lease contracts must be approved as well. Contracts contravening to the restrictions or prohibitions of acquisition of land property or use rights established by this Act, are null. Article 68 lays down rules regarding the establishment of local land commissions.
Implemented by: Decree No. 474 of 2013 (XII. 12.) Korm. of the Government laying down detailed rules of the publication by announcement of sales and lease contracts in the interest of excercising of pre-emption and pre-lease rights. (2014-03-20)
Implemented by: Decree No. 38 of 2014 (II.24.) of the Government on detailed rules of keeping a register of farmers, of agricultural production organizations and of properties serving for their agricultural activities. (2014-07-25)
Implemented by: Decree No. 47 of 2014 (II. 26.) Korm. of the Government laying down security requirements and rules of issuance of paper format documents concerning the transfer of property rights of land or containing other kind of written legal transaction affecting property rights of land. (2014-07-25)
Implemented by: Decree No. 191 of 2014 (VII. 31.) Korm of the Government laying down the rules of sale by auction of agricultural and forestry lands as part of executive, liquidation or municipal debt settlement proceedings. (2015-03-30)
Implemented by: Decree No. 373 of 2014 (XII. 31.) Korm. of the Government concerning the duties and territorial competence of land offices and of the Land Survey and Remote Sensing Institute, and providing detailed rules for certain land related procedures. (2015-03-30)
Amended by: Act No. CCXII of 2013 laying down certain provisions and transition rules in connection with Act No CXXII of 2013 concerning agricultural and forestry land trade. (2014-05-01)
