Last updated: 10 May 2023
- Filed under:
- Legal News
- Cristina BOJICA
The building regulations in force regarding the authorization and performance of construction works, especially the Law no. 10/1995 and the Law no. 50/1991 have been subject to major changes since 2022 and up to date.
In the context of these changes, we shall briefly overview some key aspects that are relevant with respect to the authorization and performance of construction works.
Validity of the building permit
According to the amendments brought by the Law no. 176/20221 to the Construction Law no. 50/1991, the validity of the building permit can be extended, free of charge2, only once for 24 months maximum, compared to the previous 12-month maximum.
Also, the application for extension may be filed 45 days prior to expiry of the permit compared to 15 days under the previous regulation.
Furthermore, the Law no. 316/2022 3 provides that the extension of the validity of the permit under the Law no. 176/2022 also applies to building permits that have already been extended and are valid at the time when the said law was adopted. Qualify for the extension of the validity of building permits cases when the construction works cannot be started or cannot be completed by the set deadline. For the record, the building permit is originally issued for no more than 24 months from the date of issuance, when the applicant is entitled to start the works after prior notification of the issuing authority.
For trans-European transport infrastructure projects, building permits, as well as town planning certificates, notices, agreements as appropriate, maintain their validity throughout the span of the projects until completion of the works, respectively until the date of signing the acceptance protocol, provided that the works start within 12 months from the date of issuance of the building permit.
Obtaining the building permit
Civil, industrial, agricultural constructions, those for supporting technological installations and equipment can only be carried out in compliance with the building permit, as well as the regulations on design and construction works.
As a general rule, the building/demolition permit can only be issued after obtaining all the necessary approvals, as well as the approval of the Zonal Urban Plan (PUZ) or the General Urban Plan (PUG). Thus, the building permit is issued for carrying out basic works and those related to the organization of the execution of the works, in maximum 30 days from the date of submission of the documentation for authorization of the execution of the construction works.
The demolition permit is issued under the same conditions as the building permit, in accordance with the provisions of the urban plans and their related regulations. However, if the applicant wishes to erect a new building to replace demolished constructions, a unique building permit is issued providing and approving both the demolition of the old building and the construction of the new one. In this case, only the construction fee is charged. In certain situations, provided for by the Law no. 50/1991, some works that do not change the resistance structure and/or the architectural appearance of the buildings, can be carried out without a building/demolition permit.
By way of exception from the hereinabove rules, building / demolition permits may be issued for certain works provided for under the Law no. 50/1991 without need to priory submit the authorization documentation hereinabove.
Among these, we mention in particular the exception in the case of consolidation, reconstruction, modification, repair, rehabilitation, protection, restoration and/or conservation works, extension of buildings of any kind, over-storying of existing buildings as well as in the case of investment objectives on agricultural land located outside the build-up area and of those aimed at the production of electricity from renewable sources, production capacities of solar energy, wind energy, energy from biomass, bioliquids and biogas, electricity storage units, transformation stations or other similar systems that can be located on the agricultural lands located outside the build-up area, in a maximum area of 50 ha, considering the changes brought by Law no. 21/2023 to Law no. 19/1991.
The building permit is issued for the execution of the basic works and those related to the organization of the execution of works, in maximum 30 days from the date of submission of the documentation for authorization of construction works. For constructions representing household annexes of agricultural facilities, the deadline for issuing the building permit is 15 days from the date of registration of the application. Emergency building permits can also be issued within up to 7 days, at the justified request of the beneficiaries; a fee for emergency issuance will be charged.
Should the works fail to start within the validity period of the building permit or if there is a change of theme and provided that the urban planning regulations remain unchanged, a new building permit may be issued based on the same documentation for the authorization of the execution of construction/demolition works, without the need for a new urban planning certificate and without obtaining new approvals/agreements, to the extent that the new building permit is requested within a timeframe equal to the validity period of the original building permit. In the event of a change in the protection regime of the building or the area where it is located between the date of issuance of the permit and the date of the application for the new permit, the agreement issued by the authority in charge with protection must be reconfirmed.
Should the works not be completed within the validity period of the building permit, a new building permit may be issued, relevant for the physical stage of completion of the authorized works on the date of the request, to pursue the works in compliance with the provisions of the documentation for the authorization of the original construction/demolition works, without need to produce a new urban planning certificate and to obtain new approvals/agreements.
In case of interruption of the execution of the works for a period exceeding the execution timeframe provided under the building / demolishing permit, without application of conservation measures, the works remaining to be executed may only be resumed based on a technical documentation drawn up in accordance with the conclusions of a report of technical expertise of the works performed regarding compliance with the applicable fundamental requirements.
As already mentioned in the introduction of this article, by way of exception from the provisions of the 2 paragraphs above, if the construction works cannot be started or cannot be completed by the set deadline, the investor can request the issuing authority to extend the validity of the authorization at least 45 working days before its expiry.
The extension of the validity of the authorization is granted free of charge, only once and for a period not exceeding 24 months. The building or demolition permits, issued in violation of the legal provisions, can be annulled by the administrative litigation courts, upon legal action filed prefect, following the inspection carried by the State Construction Inspectorate - I.S.C.
Builders are liable for the quality and safety of the construction and the compliance with legal regulations and quality standards.
Builders must ensure that work is carried out by skilled and well-trained workers and high-quality construction materials are used. Moreover, according to Law no. 10/1995 regarding quality in construction as amended, art. 9 letters m), n), to enter into force starting on August 25, 2023, the technical-professional certification of economic operators who provide design and/or consulting services in construction or who perform construction works is mandatory.
The construction works can only be performed based on the technical project and execution details.
Liability and sanctions
The execution of construction works in violation of the applicable legal provisions may result in fines for contraventions, respectively imprisonment from 3 months to 1 year or fines for serious offence.
The changes in the legislation in the construction sector were generally aimed at standardizing and simplifying authorization procedures, introducing new requirements to promote investments in the field of renewable energy or simply making greener buildings.
1. Law 176/2022 for the approval of GEO no. 93/2021 for setting up measures for the implementation of the second stage of the National Local Development Program and for the amendment of art. IV para. (1) of the GEO no. 6/2017 for the modification and addition of some normative acts, as well as for setting up measures for the realization of investments funded from public funds, for the regulation of some measures related to the National Local Development Program, as well as for the modification of some normative acts, published in the Official Gazette 567 from June 10, 2022.
2. Prior to adopting the Law no. 176/2022, for extending the validity of the building permit, a fee of 30 percent of the fee for issuing the original permit was charged.
3. Law no. 316 of November 18, 2022 for the approval of GEO no. 181/2020 regarding certain fiscal-budgetary measures, for the modification and addition of some normative acts, as well as for the extension of some deadlines, published in the Official Gazette 1121 of November 21, 2022.