Legal & Tax Alerts

Draft law for facilitating the construction of renewable electricity production capacities

The Chamber of Deputies has adopted a draft of Law amending Law no. 350/2001 on zoning planning and urbanism and Law no. 50/1991 on authorization of construction works (“Draft Law”) with the purpose to simplify the process of constructing facilities for electricity and hydrogen production and storage from renewable energy sources. These facilities can be located in urban or rural areas and include substations, cables, and grid connection equipment.

According to the form submitted for enactment, the construction of renewable energy production capacities can be authorized even without an approved urban planning documentation, meaning that applicants can apply for building permits without having to submit and obtain prior approval for zoning documentation.

In addition, the Draft Law allows for multiple building permits to be requested using the same urban planning certificate, as long as all objectives are to be constructed on the same plot of land and each objective is identified within the technical documentation.

It’s important to note that the Draft Law may undergo further modifications (in case the President of Romania will return the Draft Law to the Parliament). The Legislative Counsel has issued only a formal positive clearance, identifying several discrepancies between the provisions of the draft and the legislation it intends to amend. The clearance is given on the condition that such discrepancies are addressed. Therefore, the final form to enter into force may differ from its current version.

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