Legal & Tax Alerts

Amendments to Law no. 10/1995 on the quality of construction works and Law no. 50/1991 on the authorization of construction works

On 08.01.2020, Law no. 7/2020 regarding the amendment and supplement of Law no. 10/1995 on the quality of construction works and of Law no. 50/1991 on the authorization of construction works (“Law no. 7/2020”) was published in the Official Gazette[1]. The normative act which will enter into force on 11.01.2020 brings new provisions in the field of authorization of construction works as regards the performance of connections to the utility grids of the municipal infrastructure.

Therefore, according to the new regulations, a series of amendments regarding the obligations of the investors and construction owners in relation to the performance of the connection works to the utility grids of the municipal infrastructure were brought to Law no. 10/1995, amongst which the following:

(i) Additional to the obligation of the investors – natural persons or legal entities – who finance and carry out investments or interventions to existing constructions to obtain the approvals and endorsements provided by law, as well as the building permit, the approval/authorization of the road administrator for the performance of the connections to the utility grids of the municipal infrastructure, with the payment of connection fees corresponding to the respective connections will have to be obtained;

(ii) Investors have to perform the takeover upon completion of construction works for the works included in the building permit, only together with the takeover upon completion of connection works to the technical-municipal infrastructure corresponding to individual or collective dwellings, constructions of public utility and access roads;

(iii) The obligation of the investors to carry out expertise works through certified technical specialists does no longer apply to municipal installations/grids. The change of the municipal installations/grids corresponding to the expertised constructions shall be based on a technical documentation drawn up and endorsed in accordance with the legal provisions;

(vi) In case of new investments, as well as in case of interventions to the existing constructions which have not been used during the performance of the construction works, the handover of the construction to the owner shall be made by the investor only after the approval of the takeover upon completion of construction works and the commissioning of the authorized and definitive connections to the public utility grids of the municipal infrastructure. The obligation to commission the connections to the public utility grids to the municipal infrastructure before putting into use the constructions or allowing the use of the constructions has been stipulated also for the owners of constructions.

Also, Law no. 7/2020 amends and supplements the provisions of Law no. 50/1991 on the authorization of construction works. These amendments concern, inter alia, the following aspects:

(i) As a novelty element, Law no. 7/2020 provides that, for the performance of construction and/or deviation works regarding exclusively the connection to the technical-municipal grids existing in the area, the approval/authorization of the road administrator shall be issued by the competent authorities on behalf of the operators of technical-municipal grids, based on the application submitted by the beneficiary of the objective. The building permits for the immovable property and the approval/authorization of the road administrator for the installations for connection to the utilities shall be issued simultaneously. The impossibility of the issuance of an approval/authorization of the road administrator for the performance of the connection installation to one of the utilities will not hinder the process of issuance of the other building permits for the immovable property or for other utilities;

(ii) The documentation for the authorization of the performance of construction works will have to include also the technical documentation for the approval/authorization of the administrator of the road carried out on public domain to the technical-municipal infrastructure existing in the area;

(iii) The works for the installation on buildings, household auxiliaries and on the ground of photovoltaic panels for producing electricity by prosumers, as defined under Article 2, letter x1) of Law no. 220/2008 on the establishment of the promoting system of producing electricity from renewable energy sources, and/or of solar panels for heating or preparing hot water for domestic consumption, with prior notification of the local public administration authorities and with the observance of the legislation in force;

(vi) The building or demolition permits, issued without the observance of the legal provisions, may be annulled by the administrative courts of law, according to the legislation, following the claim made by the prefect, after the control of the State Inspectorate for Constructions;

(v) With respect to the constructions for which the performance of the works has been made without a building permit, and the infringements of the provisions of Law no. 50/1991 cannot be sanctioned due to the expiry of the applicable statute of limitations provided in this normative act, the ascertaining certificate/attestation regarding the edification of the construction shall be issued based on a technical evaluation concerning the observance of the applicable fundamental requirements regarding the quality of construction works, including with the observance of the approved urbanism regulations, confirming the current state of the constructions and the observance of the applicable provisions and of a cadastral documentation. In case the technical evaluation ascertains the infringement of all fundamental requirements and of the ones regarding the observance of urbanism regulations, the ascertaining certificate/attestation regarding the edification of the construction will not be issued.

 

[1] Official Gazette of Romania, Part I, no. 8 dated 08.01.2020.

The article can be downloaded in PDF format right from this link.

Cookie Settings