Registering a Litigation Regarding the Annulment of a Building Permit in the Land Register

Today, we have chosen to discuss an important case from our portfolio, in which both our team of litigation lawyers and experienced notaries specializing in land registry and cadastre played a key role.

This case kept our team on high alert for nearly two years, as the legal issue at stake had only been marginally addressed in specialized legal literature, and the few existing court rulings indicated inconsistent judicial practice.

The Legal Issue Analyzed: Can a Lawsuit Seeking the Annulment of a Building Permit Be Recorded in the Land Register?

It is important to note that our analysis and the substantive ruling obtained in court pertain to the period before the enactment of Law No. 102/2023.

From our perspective, the Civil Code and secondary legislation does not provide for the possibility of recording such a lawsuit in the land register either:

• For informational purposes under Article 903 of the Civil Code, or
• To establish enforceability against third parties under Article 881(3) in conjunction with Article 902(2) of the Civil Code, as it concerns the annulment of an administrative act—the building permit.

The judicial issue underlying this conclusion was the subject of a case before the Buftea Court of First Instance, which was successfully resolved on November 8, 2024.

At the substantive level, the court:

• Admitted the complaint against the rejection of the re-examination request,
• Granted the re-examination request,
• Annulled the registrar’s decision allowing the notation of a litigation regarding a building permit, and
• Ordered the deletion of the notation from the land register.

At this time, the court’s written judgment has not yet been issued. However, given the extensive efforts of our litigation team, our innovative legal arguments, and the favorable ruling obtained, we believe the decision reflects the arguments advanced by Cornelia Cerviș Counselors.

Legal Issue: The Conditions for Recording a Lawsuit in the Land Register

In our view, two conditions must be met cumulatively for a lawsuit to be recorded in the land register:

1. A specific legal provision allowing for such a registration must exist, and
2. The lawsuit must have a direct connection with the real estate property.

If the legal texts cited above were interpreted otherwise, any lawsuit merely related to a property could be recorded in the land register. This could lead to abuses, with individuals filing requests to record lawsuits in the land register, unjustly restricting property owners’ rights to dispose of their assets.

This is precisely why the legislator has imposed stricter conditions on notations in the land register through Article 881(2) and (3) of the Civil Code, in conjunction with Article 902 of the Civil Code.

Article 902 of the Civil Code provides an exhaustive list of acts or facts subject to registration in the land register. The type of litigation discussed in this case is not included in this list. The legislator has explicitly limited the cases in which a notation is permitted, as stipulated in:

• Article 18 of the Civil Code,
• Article 881(3) of the Civil Code, and
• Article 18 of the Regulation approved by Order No. 700/2014 of the Director General of ANCPI.

The Impact of Law No. 102/2023

A different perspective should be considered in light of Law No. 102/2023, which amended Law No. 50/1991 on the authorization of construction works. Under the new Article 7(23), effective April 21, 2023, the law introduced the mandatory recording of the building permit in the land register.

Thus, after April 21, 2023, the permit holder must ensure its publication by:

• Recording the permit in the land register before starting construction,
• Publishing the permit in a widely circulated newspaper, and
• Placing an identification panel at the construction site.

Therefore, any discussion regarding the admissibility of registering a lawsuit seeking the annulment of a building permit can only be considered after April 21, 2023, when the law introduced an express obligation to record the administrative act for informational purposes.

Key Legal Considerations

Another important aspect to consider is whether the registrar’s decision to allow the notation was based solely on the rationale that “the notation of the lawsuit reflects the real and current legal status of the property, which is particularly relevant to the legal circulation of the asset and protects the interests of potential third-party acquirers.”

In such cases, a distinction must be made based on whether the lawsuit seeking annulment of the administrative act also includes a subsidiary claim for the demolition of the construction:

1. If the lawsuit only seeks annulment of the administrative act, courts generally order compliance with legal requirements rather than demolition. This approach protects the rights of the affected party by allowing the construction to be brought into legal compliance. In such cases, third parties do not require additional legal protection through a land register notation.
2. If the lawsuit also includes a demolition request, the situation changes. In this case, third-party rights may indeed be affected, and additional legal protection could be justified.

Moreover, Law No. 50/1991 provides a legal remedy for unauthorized constructions, allowing property owners to bring their buildings into legal compliance rather than face automatic demolition.

Legal Framework for Notations in the Land Register

A notation in the land register is only permitted if two conditions are met:

1. A direct connection with the real estate property, and
2. An explicit legal provision allowing the notation, under the Civil Code, Order No. 700/2014, Order No. 600/2023, or another special law.

The following legal provisions reinforce this requirement:

• Article 876(2) of the Civil Code – Certain rights, facts, or legal relationships may be recorded in the land register only when expressly provided by law and if they are directly related to the property.
• Article 881(3) of the Civil Code – Provisional registrations and notations are only permitted in cases expressly provided by law.
• Article 24(1) of Law No. 7/1996 – There are three types of land register entries: intabulation, provisional registration, and notation.
• Article 17(1) and (3) of the Regulation – Notations are only permitted if expressly provided by law.
• Article 18(1) and (2) of the Regulation – Only the cases listed in Article 902-903 of the Civil Code or other special laws allow notations in the land register.

Conclusion

A mere connection with the real estate property—even an indirect one, as in this case—is not sufficient to justify recording a lawsuit in the land register.

The arguments presented above were extracted from the substantive legal defenses developed by our team. Despite submitting numerous memoranda to the land registry office, all of which were rejected, we ultimately obtained a favorable ruling from the Buftea Court of First Instance.

The decision was a hard-earned victory, following multiple postponed rulings that kept our team on edge. However, the joy of finally reading the court’s decision on the judiciary portal made it all worthwhile—especially considering the unique nature of the case and the conflicting views expressed by land registry offices.

We hope this ruling sets a precedent, recognizing the diligent work of legal professionals who steadfastly defended their legal reasoning.

Once again, Let’s be thinkers together!