CODE ON SPATIAL PLANNING, URBAN PLANNING AND CONSTRUCTION: REPEALS, AMENDMENTS AND NEW PROVISIONS

Law no. 169/2026 on the Spatial Planning, Urban Planning and Construction Code was published in the Official Gazette no. 661/2026 and entered into force on 25 August 2026. The Code establishes a single regulatory framework for spatial planning, urban planning and construction.

Pursuant to Article 576 para. (3), on the date of its entry into force, Law no. 350/2001 and Law no. 50/1991 are repealed in full, as is most of the Law no. 10/1995. Articles 10 and 41 of the Law no. 10/1995 concerning technical regulations in construction and the regulation of the quality system remain in force.

One of the main changes brought by the Code is the digital and interconnected organization of the urban planning and construction process. The Code expands and integrates existing mechanisms into a national system that will cover the entire course of an investment: from consulting the regulations applicable to a plot of land up to the authorization of works and the monitoring of the construction during operation.

The system is based on:

• The National Platform for spatial and territorial planning and building authorization
• The National Urban Planning Geoportal, which will host urban planning documentation prepared in GIS format and allow consultation of the regulations applicable to plots of land
• The National One-Stop Shop for Building Permits, allowing document submission, clearance & approval issuance and permit communication. The National One-Stop Shop shall become operational in stages over a period of five years from publicity of the Code. Upon expiry of the 5-year term, its use will become mandatory for authorities and entities issuing approvals and clearances.

These instruments are complemented by the National Registry of Constructions, a national database that will include existing and new public and private constructions and will allow monitoring their condition and performance throughout their service life.

In relation to the provisions of Law no. 350/2001

The Code repeals Law no. 350/2001 in full and integrates the regulations concerning spatial planning and urban planning in Book I.

• Updating the GUP (In Romanian, PUG)

The obligation to periodically update GUP also existed under Law no. 350/2001, which provided for a period of no more than 10 years and allowed the validity of the plan to be extended until a new one was approved. However, the Code requires GUPs older than seven years to be updated within a maximum of three years from its entry into force, limits their validity to this term and sanctions failure to comply with the obligation by prohibiting the local authority from accessing reimbursable or non-reimbursable funds.

• GIS-format documentation

Preparing urban planning documentation in digital format is not entirely new. It was provided for in Article 48¹ para. (1) of Law no. 350/2001, which stipulated the obligation to prepare it both in digital and analogue format, on a topographical base.

Under the repealed legislation, this documentation had to be transmitted electronically to the National Agency for Cadastre and Land Registration for incorporation into the cadastral system and the INSPIRE geoportal, and to the Ministry of Development for incorporation into the National Territorial Observatory.

The new Code expands this system by requiring that all spatial planning and urban planning documentation be prepared in GIS format, according to a standardized structure, for publication in the National Urban Planning Geoportal. The Geoportal will allow any interested party to identify the regulations applicable to a plot of land, consult urban planning documentation online and check existing zoning, easements and restrictions. The data will be entered within 90 days of publication of the Code and updated by central and local authorities, authorized urban planning professionals, ATU expert centers (in Romanian, Centre de expertiză publică de amenajarea teritoriului și urbanism) and administrators of technical and utility networks.

In relation to the provisions of Law no. 50/1991

The new Code repeals Law no. 50/1991 in full. For investors, real estate developers, designers and contractors, the important changes concern at least two stages: obtaining the building permit and obtaining the clearances required for the project.

• Building permit

The basic rule for obtaining the building permit does not change. Construction or demolition works may be carried out only after the building permit has been obtained, except for works for which the Code allows notification or execution without formalities. As under the previous legislation, the period for issuing the building permit is of maximum 30 calendar days from the date of submission of the full documentation.

At the beneficiary’s request, the permit may be issued within up to seven working days. This later procedure also existed under the previous legislation; however, the new Code no longer expressly requires the beneficiary’s request to be justified and allows the local authority to charge a special fee for issuing the permit under the expedited procedure, in accordance with Article 484 of the Fiscal Code.

With regard to the file to be submitted for issuing the building permit, the Code maintains for the authority the prerogative of requesting completion of the documentation and the applicant’s obligation to submit the additional documents within no more than three months.

However, the term in which the authority must indicate what is missing from the file is changed from five to 10 working days.

• Execution of works by notification

Law no. 50/1991 distinguished, primarily, between works requiring a permit and works that could be carried out without a permit. There were also notification obligations for certain specific situations, but not a general intermediate regime structured in the current form.

The Code organizes three distinct regimes:

• works requiring a permit;
• works that may be carried out through a simplified notification procedure;
• works that may be carried out without a permit and without notification.

What is new is the uniform regulation of works that may be carried out based on a notification prior to the commencement of the works in the case of expressly regulated construction projects (e.g. a new construction, arrangement or repair).

The notification is made by filling in a notification form and attaching a simplified technical execution design, drawn up by specialists in the field, and allows the works to commence after 15 days, provided that the legal conditions are met. The notified works may be carried out within three years.

The documents are entered in the Registry of Notifications, while the projects together with the notifications are entered by the designers in the National Registry of Constructions.

• Construction clearances: what remains and what changes

The Code reorganizes the procedure for obtaining clearances, maintaining both the single approval and the tacit approval mechanism in certain situations previously regulated by Law no. 50/1991, as amended in 2025. Thus, the Code integrates these mechanisms into a more structured procedure, regulated under Articles 269 and 305–308.

The Single Approval Commission becomes mandatory at the level of counties, municipalities and the districts of Bucharest. For the other local authorities, its establishment remains optional, but its duties may be taken over by the county council commission.

The procedure will be managed through the National One-Stop Shop. Until it becomes operational, documents may circulate via the authorities’ digital platforms or by e-mail.

The Code establishes the following deadlines:

• Clearances obtained through the Single Approval Commission _ 30 calendar days
• Clearances obtained directly _ Maximum 15 days
• Clearances concerning historic monuments _ Maximum 30 days from consideration by the competent commission
• Clearance issued by the Romanian Civil Aeronautical Authority _ Maximum 30 days from submission of the documentation
• Act of the environmental authority _ Maximum 15 days from completion of the specific procedure

Not all clearances are included in the single approval. Certain acts concerning the environment, water management and cultural heritage, as well as the neighbors’ consent, must be obtained separately, with reference to Article 266 para. (2).

An important change is the recognition, at the building permit stage, of the validity of clearances obtained for a ZUP (PUZ, in Romanian) regulating the plot in detail.

The clearance procedure does not have to be repeated if the issuer has not expressly requested that it be revisited at the building permit stage.

With regard to tacit approval, if the competent authority does not issue the clearance, does not request additional documents or reject the documentation for cause within the prescribed period, the clearance is deemed granted.

The beneficiary may continue the procedure based on the proof of submission and a statement under his / her own responsibility.

However, the building permit cannot be obtained tacitly. It must be issued by the competent authority.

Tacit approval does not apply to institutions in the National Defence, Public Order and National Security System.

In relation to the provisions of Law no. 10/1995 – Quality in construction: what changes for investors and real estate professionals

The essential principles of Law no. 10/1995 remain in place. Constructions must comply with the requirements concerning strength and stability, fire safety, health, safety in use, protection against noise, energy efficiency and the sustainable use of resources. However, the Code changes the way in which these obligations are organized and monitored.

Quality monitored throughout the service life of the construction Law no. 10/1995 already established responsibilities for investors, designers, verifiers, contractors, site supervisors and technical execution managers.

The Code maintains these responsibilities and details them for each stage of the project, particularly through Articles 425–465.

For investors and developers, the change has a direct practical effect, meaning that documents, verifications and technical decisions must be monitored throughout the entire service life of the construction.

This approach requires a clearer allocation of responsibilities in contracts concluded with designers, contractors, consultants and certified specialists. The contracts must specify who draws up, verifies, retains and hands over each document, who manages non-conformities and who is responsible for changes made to the design.

The fundamental and specific requirements applicable to constructions are, in their turn, developed through Articles 388–414 and aligned with the European legislation.

The Code pays greater attention to performance documents, traceability and the conditions for the storage, installation and use of products. Before a product or system is used, the investor and the contractor must check its conformity against the design, the documents certifying its performance, the conditions for placing it into operation and the warranties offered. Choosing solely based on the price may generate risks at acceptance, during operation or in the event of an inspection.

Acceptance remains the stage when compliance of the works with the permit, the design, the contract and the technical regulations is checked. The Code integrates this stage into the investment cycle and develops the regime of partial acceptance.

Article 574 provides that partial acceptances under the new rules may also be carried out for works in progress on the date of entry into force of the Code. This solution is relevant for projects developed in stages, as it may allow acceptance and use of a distinct part of the project. However, such part must allow independent operation and meet all quality and safety requirements. For developers, partial acceptance may facilitate phased sale of the investment. It may not be used to put into operation spaces that depend on works not yet completed or that cannot be used safely.

Digital records, BIM and construction control

One of the main new elements is the National Registry of Constructions, established under Article 415, which will centralize information on permanent constructions carried out with public or private funds, both existing and new, subject to the exceptions provided by the Code.

The data will make it possible to monitor the condition and the efficiency of constructions.

The National Registry of Buildings will contain information on public and private buildings, identified by their geographical location – for example, homes, schools, hospitals or office buildings.

The difference between the two lies in their scope: “constructions” represent the broader category, which includes buildings and engineering works such as bridges or roads.

The Registry of Buildings is the component dedicated to buildings within the general National Registry of Constructions. Pursuant to Article 415 para. (7)–(8), it will also allow data to be correlated with local urban records and with other national systems and registries. For real estate companies, the technical documentation of a building will play a more important part after acceptance as well.

The information concerning the authorization, execution, acceptance, operation and interventions carried out on buildings become more relevant in case of:

• the sale or lease of the property;
• a due diligence procedure;
• financing or refinancing;
• extension, modernization or change-of-use works;
• verification of the technical condition;
• inspections by the authorities.

The Code also expressly introduces in the regulation of the design and execution of constructions, the BIM methodology – Building Information Modeling.

BIM allows information concerning architecture, structure, installations, costs and execution to be managed in a shared digital model. For complex projects, this methodology may reduce coordination issues between disciplines, changes arising during the works and budget overruns.

The mention of BIM in the Code does not mean that its use becomes mandatory for every investment.

The obligation must be assessed according to the type of project, the source of funding, the beneficiary’s requirements, the procurement documentation, the contracts and the applicable technical standards. State control and the sanctions regime are also reorganized.

The risks are not related only to defective execution of the works. Liability may also arise from the absence of mandatory documents, the use of non-compliant products, failure to comply with the verified design, failure to fulfill obligations concerning monitoring during operation or carrying out interventions without the required documentation.

The Code also regulates the suspension of specialists’ right to practice in certain situations.

For investors, checking the certifications and the validity of the right to practice of the professionals involved becomes a necessary risk-control measure.

In practice, companies involved in developing, building or managing real estate projects will have to review their internal procedures and contracts. They must reflect more clearly the responsibilities of each participant, the document flow, product verification, the management of changes and the obligations surviving the acceptance of the works.

Conclusion

For companies involved in developing, building or managing real estate projects, the Code requires an integrated legal and technical approach throughout the entire service life of the construction.

In practice, the compliance of the technical documentation will affect the authorization, acceptance, operation, financing and sale of the project.

Any deficiency may generate delays, additional costs, sanctions or difficulties in a due diligence process.

The immediate priority for companies is to conduct an audit of ongoing projects and contracts, followed by adapting their contractual templates and control procedures to the requirements of the Code.