In transactions involving a contract that provides for the emergence of rights over real estate, the notary warns the party about the necessity of registering the arising rights in the Cadastre within 30 working days from the moment of notarial certification:
This requirement is also enshrined in notarial contracts that provide for the emergence, modification, or transfer of rights over real estate, which, however, is not always given importance by the interested party upon signing the transaction:
The fact is that citizens often do not perceive the negative legal consequences that inevitably arise as a result of non-compliance with the aforementioned legislative requirement:
According to current legislation, failure to submit an application for the registration of rights arising from the transaction within the established period leads to the invalidity of the transaction. Such a transaction is null and void, that is:
The authorized body conducting state registration is obliged to reject the application of the party to the transaction for the registration of the right arising from the transaction in all cases where it becomes clear that the application was submitted in violation of the referenced 30-day period. Moreover, the reasons for missing the deadline are of no significance, as there is no legal possibility to restore the referenced 30-day period, even if the established deadline was missed due to circumstances beyond the control of the person obligated to register the right arising from the transaction:
In such a situation, the interested party in the transaction has no choice but to take measures to re-sign the transaction. However, organizing the process of re-signing the transaction entails additional costs, and due to changes in circumstances (such as the death of the individual who was a party to the transaction, the dissolution of a legal entity, loss of interest in signing the transaction, etc.), in some cases, it even becomes impossible.