The romanian housing policy bounds for legal patterns: compulsory insurance, social housing and the "first house" program.
Radu, Roxana Cristina
Legislation in the field of housing
Housing is a key factor in the health and comfort of the
population, therefore housing policy must occupy an important place in
social policy, together with other public programs designed to provide
citizens with a decent standard of living (Radu, 2009: 8). Quality of
living conditions contributes to biological, psychological and social
fulfilment of citizen's needs, to carrying out physiological and
psychosocial functions of individuals and family as a "basic
cell" of society (Stanciu and Puiu, 2008: 87; European Centre for
Environment and Health, 2006: 7), being essential to the existence of a
"community life and family cohesion" (Gavrilescu, 2011: 37).
Romania is facing great problems in terms of housing, especially
with a big housing deficit, an increase in homelessness, insufficient
houses offer, high costs of purchase and maintenance, poor state of real
estate, high prices of energy, inadequate heating systems and
insulation, etc.
Although in Article 1 paragraph 3 of the Constitution it is stated
that Romania is a democratic and social, ruled by law state, based on
supreme values as human dignity and free development of human
personality (Danisor, 2009: 46-76), the right to housing being not
included among the fundamental rights and freedoms listed in Chapter 2,
Article 22-52. In many of the fundamental laws of European countries is
provided for the "right to housing" (Article 2 paragraph 3 of
The Constitution of the Federation of Bosnia and Herzegovina; Section 19
of the Constitution of Finland), "the right to decent housing"
(Article 23 of the Belgian Constitution) or "a proper dwelling
conditions bearable" (Article 41 paragraph 1 of the Federal
Constitution of the Swiss Confederation).
Although in international law of human rights, we do not find any
concrete definition of the notion of "adequate housing", the
Committee for Economic, Social and Cultural Rights of the United Nations
Organization, in General Comment No. 4, established seven minimum
criteria for a dwelling may be regarded as appropriate (Protectia
dreptului la locuinta al romilor din Romania. Manual de educare privind
legislatia internationala si dreptul la locuinta adecvata, 2004: 17-22):
the security of possession (provides protection against forced
evictions, harassment and other threats); the availability of services,
materials, facilities and infrastructure (a dwelling suitable to ensure
its inhabitants access to drinking water, gas, electricity, heating,
sanitary facilities, health services, transport, etc.); accessibility in
terms of financial costs (purchasing, maintenance costs or rent must not
be liable to meet other basic needs of the population); housing
character (housing must be adequate space to provide protection against
weather conditions and natural disasters); accessibility in legal terms
(facilitating access to housing on the basis of normative acts to
support the disadvantaged); location (which must allow access to the
labour market, health care, education, childcare centres, centres for
social work and other social facilities); cultural suitability (the way
housing is constructed and fitted to allow the expression of the
cultural identity of those who dwell therein).
Romanian legislation in force in the field of housing is extremely
vast, often incomplete and subject to diverse interpretations, causing
problems and complaints: Housing Law No. 114/1996, as amended and
supplemented; Law No. 152/1998 on the establishment of the National
Housing Agency (ANL); Law No. 260/2008 concerning compulsory insurance
of housing against earthquakes, landslides or floods, as amended and
supplemented; Government Emergency Order No. 18/2009 on increasing
energy performance of housing blocks; Law No. 230/2007 on the
establishment, organization and functioning of associations of owners,
which contains the rules governing the operation and management of the
building-blocks of flats, as well as exercising control of financial
accounting and management of the activities of associations of owners
etc. Complementary provisions of primary legislation relating to housing
can be also meet elsewhere. For example, Article 24 of Law No. 339/2004
on decentralisation provides that the local public administration
authorities of the municipalities and cities shall exercise powers
shared with the central public administration authorities regarding,
inter alia, the construction of social housing and for youth. National
legal framework establishes a number of obligations and tasks required
for the State on the basis of which the Government assumes the
responsibility of creating certain minimum requirements in the field of
housing, as well as the correlative right of citizens to seek fulfilment
of those minimum obligations by the state. It does not create a general
obligation on the State to provide free adequate housing of all
applicants, but the obligation to seek, through the most appropriate
means, to ensure the appropriate conditions of access to housing, in
particular to disadvantaged groups, homeless persons, those who live in
inadequate conditions and those who do not have the financial resources
required to obtain benefits corresponding to the right to housing (this
obligation of the State is, however, an obligation of diligence, not of
product).
Article 2 of the Housing Law no. 114/1996, as amended and
supplemented, defines housing as a "functional unit, stand-alone
construction or component of an integrated construction, consisting of
one or more living rooms on the same level of the building or at
different levels, with dependencies, facilities and utilities necessary,
with direct access or servitude of passage and separate entrance, and
that has been built or converted in order to be used, as a rule, by a
single household, in order to meet the requirements of housing",
while the convenient house is defined as "dwelling which, by its
characteristics, meet the requirements of the user at a time, covering
the essential necessities of housing, food, recreation, education and
hygiene, ensuring minimal requirements set out in the annex to this
law". Apart from the minimum requirements to be satisfied by a
dwelling-free access to the living space without disturbing the
possession and exclusive use of space owned by another person or family;
room for rest; space for food preparation; toilet; access to electricity
and drinking water, disposal of wastewater control and household waste,
the annex to the Housing Law also stipulates minimal surfaces of living
rooms, the number of sanitary rooms, minimum equipment of the kitchen,
minimum equipment with electrical installations, as well as spaces and
commonuse facilities for multiple housing buildings.
Regarding accessibility in financial and legal terms, the
Government should put in the centre of its policy in the field of
housing, as its principal objective, increasing access to land for
people who do not have land and for those with low incomes having regard
that the biggest obstacle to the construction of housing, especially in
urban areas, is the price of the land. A solution in this regard, which
has targeted mainly the creation of jobs in rural areas, in order to
attract young people, was introduced by Law No. 646/2002 concerning
State support for rural youth, governing the legal framework to support
the integration of young people in rural areas. Thus, in order to
develop agriculture, non-agricultural activities and services, to
preserve local crafts and craft practices, young families and young
people aged up to 40 who are domiciled or wish to establish their
residence in the rural area, as well as specialists who work in
agriculture, civil servants, teachers, healthcare staff, staff of
legally recognized religious denominations, which are domiciled or wish
to establish their residence in the rural area, aged up to 40 years, has
the following facilities (Avram, Radu and Barbieru, 2013: 197): a) the
assignment of ownership, for free, of a land of up to 1,000 sq. meters
for the construction of housing and household fixtures; b) the
assignment of agricultural land use up to 10 ha; c) exemption from
payment of the fee fixed percentage according to the provisions of
Article 92 paragraph (4) and (5) of the Law of the Land Fund no.
18/1991, republished, with subsequent amendments and additions, to the
final removal of set-aside farmland referred to let. (a).
If in the situation of young people who are domiciled or wish to
establish their residence in the rural area, the issue of possession of
land necessary for the construction of housing was thus settled,
instead, for those in urban areas, obtaining a grant from the State
shall be subject to the existence of a right in rem over land on which
to carry out the construction. Thus, Article 51 of Housing Law no.
114/1996, as amended and supplemented, provides that individuals who
build a home for the first time through the mortgage loan may qualify
for a grant of 20% of the value of a home up to 100,000 euros, if they
meet the following conditions: (a) have a right in rem over land on
which to carry out the construction; (b) may not have benefited from
another form of subsidy or support from the State budget to build or
purchase a dwelling; (c) does not hold ownership of a dwelling with a
built-up area of more than 100 sq. meters; (d) construction to fit into
the new housing complexes and observe just approved planning
documentation; (e) construction to be enforced by an approved
construction company, ensuring the quality of implementation of the
legislation in force; (f) construction company to submit all eligibility
conditions imposed by law.
The amount of the subsidy is be transferred to the building society
after reception and handing over to the beneficiary of the principal
works of construction in normal use, once it makes the proof of payment
of the duties and taxes owed. The financial resources necessary for the
granting of the subsidy of 20% shall be achieved through the National
Housing Agency, within the limits of the sums allocated annually with
this destination in the budget the Ministry of Transportation,
Constructions and Tourism.
Law No. 116/2002 on preventing and combating social exclusion,
which has targeted mainly harmonizing policies for knowledge and
prevention the situations which determines social marginalization (Avram
and Radu, 2009: 62), devotes Section 2 of Chapter II to the access to
housing. According to the Article 13 of this normative act, in order to
facilitate access to housing for people aged up to 35 years, in the
impossibility of buying a dwelling only with their own forces, the
county councils and the General Council of Bucharest can dispose of sums
from the following sources: (a) the sums or shares broken down of the
revenue that is appropriate to the State budget, which is set annually
by the State budget law; (b) a share of the annual budget established of
the County Council or of the General Council of Bucharest; (c) a fee
determined annually, by law, for individuals originating from non-rented
dwellings, other than those of the home; (d) donations, sponsorships or
other such sources, accepted in accordance with the legal provisions.
These amounts are administered by the County Council and the General
Council of Bucharest. Of these amounts, the County Council or the
General Council of Bucharest will cover the entire estimated amount of
the advance to be paid for acquisition of a dwelling or rent for a
period of up to three years for a rented dwelling. The amount of the
advance shall be fixed at the beginning of each year by the County
Council, or by the General Council of Bucharest, according to the
provisions of normative acts that regulate the construction of
dwellings, and may be adjusted periodically in relation to trends in
consumer prices or, where appropriate, in the cost of a dwelling. For
the purposes of the law, through the acquisition of a dwelling shall be
understood both the construction of a new dwelling, as well as the
purchase of a dwelling on the free market, in which case the amount
provided as advance must represent at least one third of the value of
the contract for sale and purchase. People who have benefited from the
advance covered by the County Council, or the General Council of
Bucharest, may benefit of other provisions of the law relating to the
interest subsidy in the case of purchase of a dwelling. Article 15 of
Law No. 116/2002 provides that the establishment of criteria for the
granting of amounts under the tile of advance payment or rent is the
attribution of the County Council, or of the General Council of
Bucharest, taking into account the following priorities in order of
importance: young people from orphanages and child reception centres
within the specialized public services and private bodies authorized for
protection of children; married couples aged up to 35 years with
dependent children; married couples aged up to 35 years old with no
dependent children; other people aged up to 35 years.
The Romanian Government, through the Ministry of Regional
Development and Tourism, runs and coordinates a series of programmes in
the field of housing: social housing construction program, programs in
the field of increasing the energy performance of buildings, the Program
on the strengthening of multi-storey residential buildings, classified
in Ist class of seismic risk and endangering the public, the Program on
the first emergency intervention in vulnerable buildings and endangering
public, the Program on the construction of dwellings with mortgage, the
Program on housing construction for young people, aimed at hiring.
Compulsory insurance of housing
Under Article 3 paragraph 1 of Law No. 260/2008 concerning
compulsory insurance of housing against earthquakes, landslides or
floods, natural and legal persons are obliged to insure against natural
disasters, according to the law, all buildings intended for housing,
urban or rural, owned and registered in the records of tax bodies. Sum
insured which may be granted under the law (sum compulsory insured) is
the equivalent in lei, at the exchange rate communicated by the National
Bank of Romania at the time of conclusion of the contract of obligatory
insurance of the dwelling, of: (a) 20,000 euros for each type A housing;
(b) 10,000 euros for each type B dwelling (Article 5 paragraph 1 of Law
no. 260/2008 concerning compulsory home insurance against earthquakes,
landslides or floods). The subventions due for the amounts secured are
the equivalent in lei, at the exchange rate communicated by the National
Bank of Romania valid at the date of payment, of: 20 euros for the
amount referred to in letter (a); 10 euro for the amount referred to in
letter (b).
Natural or legal persons who cannot provide the insurance of the
housing owned, according to the law, shall not benefit, in the event of
natural disasters as defined under the law, of any compensation from the
State budget or local budget for the damage of the dwelling. Individuals
compensated, according to the law, for any damage resulting from a
natural disaster do not benefit from the provisions of Law No. 114/1996,
republished, with subsequent amendments and additions relating to the
granting of social housing.
Rehabilitation of housing
Housing rehabilitation is aimed at reducing energy consumption for
the heating of blocks of flats, in terms of ensuring and maintaining
indoor thermal environment in flats. Government Emergency Ordinance No.
18/2009 on increasing the energy performance of blocks of flats
determines intervention works necessary for the thermal insulation of
the housing blocks built after projects developed in the period
1950-1990, the stages necessary for carrying out the works, their
funding method, as well as the obligations and responsibilities of
public authorities and associations of owners. The intervention works at
the block of flats envelope, set out in Government Emergency Ordinance
no. 18/2009, are: thermal insulation of exterior walls; replacing
windows and external doors, including carpentry associated to the access
in the housing block, with high energetic joinery; thermo and
waterproofing insulation of terrace/thermo-insulation of the roof over
the last level where framing; thermal insulation of the floor over the
basement, where the design of the block provided flats on the ground
floor; works of dismantling of the installations and equipment
apparently mounted on the facades/terrace housing block and replacing
them after thermal insulation works; works of restoration the envelope.
With the completion of these intervention works can be also executed the
following works, justified from the technical point of view by the
technical expertise and/or energy audit: a) repair works to the building
elements that pose potential danger of loosening and/or affect the
functionality of the block of flats, including restorative works in the
areas of intervention; b) intervention works at the distribution of heat
installation for heating purposes in respect of the common parts of the
block of flats.
The City Council shall approve, on the proposal of the local
coordinators, technical-economic indicators corresponding to the
objectives of investment on the growth of energy performance of blocks
of flats, as well as perennial local programs on the growth of energy
performance of housing blocks.
Social housing
Social housing is housing that is granted with subsidized rent to
persons or families whose economic situation does not allow them access
to a dwelling owned or rented out on the housing market conditions
(Article 2 letter c of the Housing Law no. 114/1996, as amended and
supplemented).
The governmental programme of social housing construction
"aims to build social housing intended for certain categories of
persons to whom the resource levels of existence does not allow them
access to a dwelling owned or rented out on the housing market
conditions" (Romanian Government, Ministry of Regional Development
and Tourism, 2011). This program is designed for those whose incomes do
not allow them access to a lending scheme, which do not possess the
constant surplus necessary to save money and who cannot afford to rent a
home on the open market. Recognizing the gravity of the lack of an
adequate housing, the Government program adopted in 1996 is a specific
measure aiming at solving the problem of housing shortages for the
population affected by poverty. Social housing, attributed from the
State found, with rent subsidized, is intended to ensure, for at least a
limited period of time, up to overcoming a threshold income, a decent
housing for those who are unable to secure one. In 2007, another
government measure provide that persons who live with the ANL rent more
than five years to be able to buy those homes, and, at the end of 2008,
the minimum rental term of 5 years was reduced to 3 years.
Social housing can be achieved through new construction or
rehabilitation of existing buildings, they belonging to the public
domain of administrative-territorial units, without the possibility of
being sold. Housing allocation is done by local councils, following
proposals from the social committees which examine applications for
social housing at the local level. Only those persons who satisfy the
conditions laid down by law have the possibility to qualify for social
housing. Nominal rent is subsidized from sources of local budgets.
According to the legislation in force, a person in a situation of
precariousness of incomes (below the guaranteed minimum income) may
apply to the local Council renting a dwelling in an ANL building, at a
subsidized price. According to the available social housing stock at a
specified time at local level, the applicant may receive such a dwelling
for a limited period, to the extent that local councils have in
administering such housing may subsidize the rent of beneficiaries form
their own funds. Social housing can be eligible for individuals or
families who have "... an average monthly net income achieved
during the preceding 12 months under the monthly net income per family,
to which the social aid is granted according to the law, plus 10%"
(Article 42 of the Housing Law no. 114/1996, as amended and
supplemented) and which do not hold ownership of a dwelling; not have
alienated a home after January 1, 1990; have not received State support
in loans and bonds to a dwelling; do not hold, as a tenant, another
dwelling.
Social housing shall be distributed by the local councils on the
basis of criteria defined by them, according to the law, and they may be
allocated, in the order of priority set by local councils, to the
following categories of persons: newlyweds who either aged up to 35
years of age, young people from institutions of social protection and
who have reached the age of 18, invalids of Ist and IInd degree,
disabled persons, pensioners, veterans and war widows, the beneficiaries
of the provisions of Law no. 42/1990, republished, and of Decree-Law no.
118/1990, republished, other people or families in particular (Article
43 of the Housing Law no. 114/1996, as amended and supplemented). Within
each criterion, in determining the order of priority it will be taken
into account the following elements: the living conditions of
applicants, number of children and other persons that live together with
the applicants, health condition of applicants or of members of their
families, length of time elapsed from the submission of applications.
Local Council shall control and be responsible for social housing fund
in the territory of the respective territorial administrative units,
having the status of owner of social housing, and its relationship with
the beneficiaries of the measure is defined in terms of the
landlord-tenant relation.
Social housing is assigned for rent by the local councils, for a
period of five years, to persons who meet the eligibility criteria, with
a rate subsidized of the rent, which varies according to the income of
the beneficiary (the rent charged shall not exceed 10% of net monthly
income per family, calculated for the last twelve months, regardless of
the actual amount of the rent). If the tenant does not comply with the
conditions of the rental contract (stipulated in Article 24 of the
Housing Law) or "the net average monthly income per family, in two
consecutive fiscal years, exceeds by more than 20% the minimum level
referred to in Article 42 of this law, and the lease holder has not paid
the nominal value of the rent within 90 days of the communication"
(Article 46), the contract shall terminate. A social housing tenant is
obliged to notify the Mayor any modification of the net income of the
family, within 30 days, which entails recalculating the rent charged. He
may not sublet the dwelling, may not convey the right acquired to
another person/family and cannot change the destination of the space he
occupies (deviations shall be sanctioned with the termination of the
contract and the recovery of any damage).
In terms of housing for young people, the framework law is the Law
no. 152/1998 on the establishment of the National Housing Agency (ANL).
ANL is a public institution with legal personality and financial
autonomy, with the role of coordinating the funding sources in the
construction of housing. Romanian citizens residing in Romania and
Romanian legal entities can benefit from credits granted by ANL. The
beneficiary of a credit granted by ANL shall be entitled to an interest
rate lower than the average interest rate charged on the financial
market, calculated and accepted by ANL; access to land for housing
construction, through sale and purchase, lease or putting into service
throughout the duration of construction, under preferential conditions,
established by ANL along with local or central public administration
authorities, where appropriate; exemption from payment of fees for land
and from tax on the building on the duration of loan repayment; a grant
in the amount of 30% of the value of the home, only for the first
housing built with the mortgage, for persons who have not received
support from the State budget in the form of grants to another dwelling.
The allocation of dwellings for rental housing for young, built and
put into operation through programs conducted by ANL, is made under the
following criteria established and adopted by local and/or central
public administration authorities acquiring housing administration, with
the opinion of the Ministry of regional development and housing, on the
basis of framework criteria for access to housing and for priority to
the housing allocation approved by decision of the Government. On the
basis of substantiated proposals only framework criteria for access to
housing can be adapted to the specific circumstances prevailing on local
level, and only in terms of territorial area. Rental contracts are
concluded for a period of 5 years from the date of allocation of
housing. After expiry of this period the rental contract extension shall
be for a period of one year, under the following conditions: (a) by
recalculation of the rent under the provisions of Article 31 of Law no.
114/1996, republished, with subsequent amendments and additions, to the
contract holders who have reached the age of 35 years; (b) by keeping
the original contractual terms relating to the amount of the rent, for
contract holders who have not reached the age of 35 years (Article 8
paragraph 4 of Law no. 152/1998 on the establishment of the National
Housing Agency).
Housing for situations of necessity
Law no. 114/1996 includes provisions for housing for situations of
necessity, namely that "housing for rental or temporary
accommodation for individuals, families or households whose housing
either have become unusable as a result of natural disasters or
accidents, or are subject to demolition in public utility purposes, or
are subject to rehabilitation or consolidation works which cannot
perform in the operating conditions of the building" (Article 2).
Housing for situations of necessity is public property of the State or
of the administrative territorial units and can be carried out on the
locations referred to in the documentation of urbanism and under the
provisions of the housing law. The fund of housing for situations of
necessity is composed, on the one hand, of existing housing which,
according to the legal provisions, were built for the purpose of
necessity housing, and, on the other hand, of new housing or from
processing buildings in various stages of construction, including
housing which are acquired in the market and receive the necessary
housing destination. With the same destination of necessity housing can
be also used the vacant dwellings in the building fund, owned by
administrative-territorial units.
In cases of extreme emergency, according to the law, temporary
accommodation for individuals, families or households whose dwellings
have become unusable as a result of natural or anthropic disasters can
be achieved in other living spaces. The use of these living spaces by
people, families or households affected is transient and free of charge,
until the providing of necessity housing or until the ensuring of normal
use condition of their homes.
House of necessity shall be hired on a temporary basis to
individuals and/or families whose housing had become unusable due to
natural disasters or accidents. The rental contract is concluded by the
mayor or by the Mayor of Bucharest, or by a person empowered by him, on
the basis of the decision of the local Council, or of the General
Council of Bucharest, being valid until removal of the effects which
have made the housing unusable. The homes declared temporary as
necessity housing must be recovered to their initial destination and to
the originally operation circuit after removing the effects which have
made the housing unusable, but not more than 5 years after the date of
distribution.
The "First House" Program
The "First House" Program was approved in the summer of
2009, through the Government Emergency Ordinance no. 60/2009.
Considering the effects of the crisis on economic sectors, the
"First House" Program was released as a Government programme
which aims to facilitate the access of individuals to the acquisition or
construction of a dwelling through the contracting of loans guaranteed
by the State (Zilisteanu, 2011: 129). According to this Ordinance, the
housing can be constructed by beneficiaries who have owned the land on
which to build their home or through associations having no legal
personality, consisting of at least seven beneficiaries, of which at
least one is the owner of land on which the homes will be built (Article
1 of the Government Emergency Ordinance no. 60/2009).
The beneficiary of the "First House" Program is the
natural person who meets the following cumulative conditions: (a) up to
the date of application for the loan has not held in sole proprietorship
or together with husband or wife of any dwelling, irrespective of the
manner and time in which it was acquired; (b) purchases or builds a
single dwelling, through a loan granted and guaranteed under the
program; (c) has the quality of the borrower in relation to the funder.
Ministry of Public Finance is authorized to delegate the National
Fund of Credit Guarantee for Small and Medium-Sized Enterprises to issue
warranties in the name and on behalf of the State, in favour of banks
granting loans to individuals for the acquisition or construction of a
dwelling within the program. The Ministry of Public Finances and the
National Fund of Credit Guarantee for Small and Medium-Sized Enterprises
conclude a convention setting out the rights and obligations of the
parties in carrying out the programme "First House".
On the basis of the contract of guarantee, real estate purchased
under the program "First House" set up in favour of the
Romanian State, represented by the Ministry of Public Finance, a Ist
rank legal mortgage over the life of the contract, with the ban on
disposal of housing for a period of 5 years and the prohibition of
encumbering the property over the duration of the loan.
At the beginning of 2010, "First House" Program was
converted into "First House 2" and later, in early 2011,
appeared "First House 3" Program. In comparison with previous
programs, "First House 3" brought as changes the fact that the
Bank may put the pledge on the borrower's accounts (if the court
allows the bank the attachment of the rates in question of those
accounts), the Bank is given priority over other creditors in the event
that it would proceed to enforcement of the person concerned. Also,
there is no need for at least seven customers for the construction of a
building. "First House 3" has brought the possibility of
changing currency credit and of loan restructuring or rescheduling (Radu
and Avram, 2011: 315).
On 26 May 2011, rules for the application of the "First House
4" were published in the Official Gazette, the program kicking off
on June 6, 2011. Under the new program, the maximum amount guaranteed by
the state remains unchanged, and loans have the same limits: 60,000
Euro--in case of the acquisition of an old house; 70,000 euro--if a new
home is acquired; 75,000 euros--if a house is built from scratch.
Compared to previous years, the state will not guarantee full credits
and participating banks will assume the 50% risk of default. Another
change is that owners who own a home with a floor area of 50 square
meters can access a "First House" credit to buy a house with a
larger area. Also, applicants who hold shares part of a dwelling will be
eligible for loans guaranteed by the state to acquire interest in
difference of the shared parts. Besides the opportunity to build their
own home, "First House 4" gives beneficiaries the opportunity
to purchase the following types of housing: housing completed, for
purchase, including the built and put into operation by ANL programs;
unfinished housing, in various stages of construction, for purchase
after completion, including those built by ANL programs; new homes for
purchase after completion, including those built by ANL programs. Under
the program, the applicant may purchase only one dwelling completed,
located in Romania, registered in the land registry according to the law
or build a home, alone or with others, respecting the regulations
concerning the "first house". The beneficiary must meet
specific conditions laid down by internal lending norms; constitute a
collateral deposit to guarantee interest in an amount equal to three
interest rates, valid for the duration of the grant; not to alienate the
acquired dwelling within five years from the date of acquisition. After
this period, if the credit agreement is takeover by a third party, it
must meet the eligibility criteria for program beneficiaries. Another
requirement is to ensure the dwelling purchased against all risks and to
appoint the Romanian state, represented by the Ministry of Finance, as
the beneficiary of the insurance policy for the duration of funding.
Also, the house purchased under the scheme must fall into one of the
classes A, B or C of energy efficiency, requirement applicable from the
date of entry into force of Article 23 of Law no. 372/2005 on energy
performance of the buildings, as amended.
Conclusions
Looking at all these acts can be concluded, however, that Romanian
legislation, although extremely bushy, can affect a large part of the
population, especially persons in a state of extreme poverty. For these
people at risk of social exclusion, the legislature, although he found
some flexibility, particularly in terms of the "First House"
Program, failed to build a "safety net" to guarantee their
right to housing and minimum living conditions, lack of access to
adequate housing affecting equally their health and life expectancy.
Another conclusion is the need to modify the Article 47 of the
Romanian Constitution, for the purposes of inclusion, along with the
obligation of the State to provide citizens with a decent standard of
living and their entitlement to welfare measures, of their right to a
decent dwelling.
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Received: December 15 2014
Accepted: February 27 2015
Roxana Cristina Radu *
* Associate Professor, PhD, University of Craiova, Faculty of Law
and Social Sciences/ Scientific Researcher III, PhD, "C.S.
Nicolaescu-Plopsor" Institute for Research in Social Studies and
Humanities of the Romanian Academy, Craiova, Phone: 0040721400359,
E-mail: rocxaine@yahoo.com.