Public notaries do not have the authority to determine the taxable value of the buildings and the land on which they are located, the National Union of Public Notaries of Romania said in a statement, implying that they do not take responsibility for the data that will be obtained. to be used from next year when calculating property tax.

• It should be noted that from next year, property taxes will increase according to Decree 16/2022: taxes on buildings will increase from 2023 by 2 times in Bucharest, and on houses in Cluj by more than 3 times. Some examples

“According to Decree No. 16/15 July 2022 on Amendments and Additions to Law No. 227/2015 on the Fiscal Code, Cancellation of Certain Regulatory Acts and Other Financial and Fiscal Measures issued by the Government of Romania and published in the Official Gazette No. 716/15 July In 2022, the taxable value of buildings and the land covered by them will be taken from the Market Research on the Indicative Value of Real Estate in Romania,” UNNPR reports.

According to UNNPR, these market studies were mistakenly mentioned in the media under the names “notary grids”, “notary grids”, etc.

“We explain that the procedure for preparing market research is provided for in Art. 111 par. (5) from Law No. 227/2015 on the Fiscal Code, according to which: “Public notaries’ chambers update at least once a year the market studies prepared by appraisers authorized by law, which must contain information on the minimum values ​​recorded on specific real the real estate market in the previous year and reports them to the regional general directorates

of state finances as part of ANAF,” the message of the UNNPR states.

According to notaries, all responsibility for the implementation and content of market research lies exclusively with the authorized experts who prepared them at the request of notary chambers, in accordance with the law, the latter do not take any part in the preparation of the market situation.

Market research is publicly available information that can be found on the website: www.unnpr.ro and is conducted solely for the purpose of calculating tax on income received by individuals from the transfer of ownership of immovable property from personal inheritance.

The IMF did not recommend the use of notarial studies

In an article published on his website, Adrian Vascu, a senior partner at Veridio and former president of ANEVAR, says that the IMF report of June 29, 2022 on local taxes in Romania did not recommend the use of a “notarial grid”, that is, what he calls UNNPR “market research”.

“What is recommended, and I think there is still time for the necessary adjustments:

Extending the use of “market value” to both residential and non-residential real estate.

Consolidation of land plots of residential and non-residential buildings and buildings located on the same property into a single property.

In relation to non-residential real estate, the land plot and structures built on this land must be valued at market value, which constitutes a single real estate.

Valuation of non-residential real estate should be done on the same valuation date.

Analytical studies should be conducted to better calibrate the tables of values ​​and adjustment factors contained in the Fiscal Code to the market,” says Adrian Vascu.

The above ideas relate to abandoning the existing system of separate taxation of buildings and land, without which there can be no market value.

The valuation date for non-residential buildings is “the same”, i.e. December 31, 2022.[dirinenerezidențialesăfie„aceeași”adicădeexemplu31decembrie2022[dirilenerezidențialesăfie„aceeași”adicădeexemplu31decembrie2022

Calibration of value tables refers to the table in article 457 CF (before OG16), which after adjustment can meet the requirements of some market values.

Read everything material by Adrian Vascu.

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