New amendments to Construction Law30 October 2019
On 26.10.2019, Law no. 193/2019 regarding the amendment and supplement of Law no. 50/1991 on authorization of construction works (“Law no. 193/2019”) was enacted and published in the Official Gazette of Romania no. 873 of 30.10.2019. This normative act which will enter into force on 02.11.2019 brings a series of amendments and supplements to Law no. 50/1991 on authorization of construction works (“Construction Law”).
The amendments brought by Law no. 193/2019 concern, inter alia, the following aspects of Construction Law:
(i) Certain categories of works are exempted from the issuance of the endorsement by the decentralized departments of the central authorities regarding the protection of public health, namely:
- construction, restoration, extension and consolidation of single-family dwellings;
- construction of household auxiliaries;
- construction of enclosures;
(ii) Certain categories of works are exempted from the issuance of the administrative act by the competent environmental protection authority, namely:
- construction of single-family dwellings;
- construction of household auxiliaries, except for the ones used for animal breeding;
- consolidations of existing immovables;
- construction of enclosures;
- dismantlement, allotment of lands;
(iii) For single-family dwellings located on category II and III streets and which are not located at the area of juncture with a roundabout the issuance of the Technical Traffic Commission endorsement is not required;
(iv) Reduction of the term for the issuance of the urbanism certificate by the competent authorities for the authorization of the construction works from 30 days to 15 business days as of the registration date of the application;
(v) Reduction of the term for the expedited issuance of the building permits from 15 days to 7 business days;
(vi) In case the construction works are not initiated within the period of validity of the building permit, provided that no different urban planning regulations compared to those based on which the initial business permit was issued have been adopted and only if the new building permit is requested in a time period equal to the period of validity of the initial building permit, a new building permit may be issued based on the same documentation for authorization of construction/demolition works, without a new urbanism certificate and without obtaining new endorsements/approvals;
(vii) In case of failure to complete the construction works within the period of validity of the building permit, a new building permit may be issued, corresponding to the physical status of the authorized works on the date when the new permit is requested, for the continuance of the works with the observance of the initial documentation for authorization of construction/demolition of works, without a new urbanism certificate and without obtaining new endorsements/approvals;
(viii) Failure to issue the endorsements/approvals requested by means of the urbanism certificate by the institutions/economic operators empowered by law with the issuance thereof, within maximum 15 business days as of the registration date of the application/complete specific documentation, shall be sanctioned with a monetary fine imposed by the State Inspectorate for Constructions, and not with the sanction consisting in the application of the legal provisions regarding tacit approval;
(ix) The building/demolition permits issued without the observance of the legal provisions may be annulled by the prefect, following the control of the State Inspectorate for Constructions.
Law no. 193/2019 clarifies the provisions regarding the interior partitioning which can be performed without a building permit – works which have generated, in practice, many divergent interpretations. Thus, non-structural, demountable partitioning, made of light materials which do not alter the interior spatial design, can be performed without a building permit.
Also, as a novelty to the previous regulation of the Constructions Law, Law no. 193/2019 includes provisions with respect to:
(i) The issuance of the building/demolition permit based on the documentation for authorization of works with simplified content for the modification works of the interior partitioning and for closing works of existing balconies/terraces;
(ii) The validity of the endorsements/approvals requested by means of the urbanism certificate and issued according to the law is maintained:
- for the period of the implementation of the investments, both until the completion of the works for which they have been issued and until the signing date of the final takeover protocol of the works, provided that the works are initiated within the legal term, except for the cases in which during the performance of the works new elements imposing the resumption of the endorsement procedures are identified and/or amendments of the conditions based on which such endorsements/approvals were issued;
- from the date of submission of the documentation for the authorization of construction works to the competent public authorities until the issuance date of the building permit, for the endorsements/approvals valid at the date of submission of the respective documentation;
(iii) The issuance of a sole building permit indicating and approving both the demolition of the old construction and the construction of the new one, in case the applicant will build a new construction in lieu of the demolished constructions.
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