Through Order no. 1,323/2026, a series of new clarifications and procedures are introduced, specifically targeting real estate developers, owners of land affected by specific easements, and forest fund administrators.
What does it stipulate?
Increased flexibility for real estate developers. The Order introduces a simplified procedure for developers who wish to register a construction as a “future asset” (necessary for selling off-plan units), but who already had that construction partially registered (by execution stages) or without documents. Now, the developer can request the cancellation of the previous registration through a simple authentic declaration, without the need for complex cadastral cancellation documentation, thus quickly unblocking the pre-apartmentation and sales process. Furthermore, it is clarified that minor modifications during construction (e.g., interior partitioning) no longer require new pre-apartmentation documentation, but are updated upon final reception. Only substantial modifications that affect the building permit (e.g., height regime, total number of units) require documentation updates during the process.
Automatic notation of aeronautical and petroleum easements. The normative act stipulates that cadastral offices will ex officio note in the land books the mention “Property subject to military aeronautical easements” for properties located in restricted areas. This measure increases transparency in real estate transactions, informing potential buyers about construction or usage limitations. Similarly, at the request of exploitation license holders, the mention “property subject to petroleum easements” will be noted for lands within the respective perimeters, ensuring the enforceability of these encumbrances against third parties.
Clarifications regarding condominiums and property consolidation. It is explicitly confirmed that parking spaces located inside condominium-type constructions, including those arranged at ground level but on basement slabs, are assimilated to individual units (IU). This provision simplifies their separate registration and transaction. At the same time, a rule of caution is introduced: when consolidating two or more properties, if at least one has the mention “uncertain location” registered, the newly formed property will automatically take over this mention, signaling a risk that must be evaluated in land transactions.
Who does it apply to?
The modifications primarily target the following categories:
- Real estate developers (residential, office, or commercial).
- Owners and investors with properties located in the vicinity of military airfields or in petroleum exploitation perimeters.
- Companies in the petroleum sector holding exploitation licenses.
- Forest fund administrators, public or private.
- Owners of apartments and parking spaces in condominium-type complexes.
What should you do?
- Update internal workflows for registering constructions as future assets, taking advantage of the new simplified procedure for canceling previous registrations (by execution stages or without documents).
- Evaluate when new pre-apartmentation documentation is required. Minor modifications (partitioning, destination) can be updated at the end, but those affecting the building permit (height regime, number of units) require new documentation during execution.
- Check the land book extract for properties held in areas with potential restrictions (military, petroleum) to identify if new easements have been noted that may affect the value or use of the property.
- Initiate, if you represent a petroleum company, steps with the cadastral offices for noting easements in the land books of properties within exploitation perimeters, to secure the rights conferred by the license.
Source: Official Gazette, Part I, no. 623 of July 29, 2026.
Note: This material is strictly for informational purposes and does not constitute legal, tax, or business advice. As the interpretation and application of legal provisions can vary significantly depending on the specific circumstances of each entity, we recommend that you seek specialized legal assistance before making any operational decisions based on these modifications.