By law, construction works may be undertaken only after a building permit is issued by the relevant authority. In order to receive a building permit the following is required:
- Town Planning Certificate – a document issued for information purposes by the competent authorities, which contains a summary of the spatial planning and zoning regulations applicable to a certain plot of land. This contains the rules and parameters that must be followed and complied with by the entities involved in the construction process.
- Planning documents – if necessary due to the nature or specifics of the construction works or when derogation from the provisions of the existing urban planning documents is requested by the client/employer, the competent authorities may require that the client/employer obtain an urban zoning plan (PUZ) or a detailed urban plan (PUD). Usually the PUZ has already been prepared by the local authorities. However, there are situations where a PUZ has not already been drafted and the client/employer must prepare it. When the PUZ is prepared by the client/employer, the prior approval of the chief-architect involved in the investment is required, approval which then needs to be endorsed by the competent authorities. Only following the approval of the urban plans by the relevant authorities, can the client/employer prepare the other documents and apply for the issue of a building permit.
- The validity of the planning documents is extended by law, for those investments which were commenced during the validity period of the planning documents, until their completion, in the following cases:
- a) if the permitting procedure regarding the construction/demolition had already started during the period of validity;
- b) if the regulations regarding the legal circulation of the land were enforced and if the built-up area was established and delimited or the areas affected by public easements were delimited; or
- c) if investments regarding the modernisation and/or the development of the town infrastructure were initiated.
- Initial evaluation of the investment by the environmental authority – this is a prior mandatory requirement for the issue of a building permit, the client/employer must contact the competent environmental authority in order to make an initial assessment of the investment and establish if an environmental impact study is necessary for the approval of the construction works.
- Notification to the competent authority – if an environmental study is necessary, the client/employer will notify the competent authority issuing the building permit of its intention to continue the project. An environmental study will need to be prepared by the client/employer in accordance with the environmental regulations.
- Issuance of permits and approvals – the town planning certificate indicates which approvals, permits and authorizations must be obtained by the client/employer as a condition precedent for the issue of the building permit. In addition, several other approvals may be requested under Romanian law. By way of example, the following approvals are often requested if the specifics of the project demand it:
- Approvals from utility suppliers
- Approvals from the Ministry of Culture and National Patrimony in relation to archaeological sites, historical monuments or protected developed areas
- Approval for a change in a designated agricultural use or for including the land on which a building will be developed within the inner limits of a locality
- Approval from the Romanian Civil Aeronautics Authority if the building will be developed in the vicinity of an airport
- Approvals regarding connections to municipal infrastructure
- Approvals regarding fire safety, civil protection and the protection of human health
- Approvals regarding specific areas subject to restrictions imposed by special regulations
- Issue of the environmental approval – the environmental approval document is a compulsory part of the documentation which must be filed in order to obtain a building permit. The competent authority issuing the building permit will refuse any building permit application which is not accompanied by a full set of supporting documentation.
- Working up of technical documentation.
- Filing of the documentation.
- Issue of the building permit.
In addition, in order to start work, site organisation authorisation must be obtained. Generally, the application for this authorization is filed together with the application for the issue of the building permit and is obtained together with the relevant building permit, but it may also be obtained after the building permit is issued.
Where demolition is necessary in order to start construction works, a demolition permit is required. It will be released subject to the same conditions as the building permit.
In addition, an express approval authenticated by a notary public must be obtained from neighbouring owners (or from the homeowners' association) for any change in the designated use of existing buildings, or for the construction of buildings with a designated use which differs from that of the neighbouring buildings. These approvals must be attached to the technical documentation filed with the application for the issue of a building permit.
Building permits are not required for certain works such as interior decoration, exterior decoration if the façade elements or the colour are not changed, repairs to fencing, roofs or terraces, if the form or the materials are not changed etc. However, in the case of historical monuments, including constructions located within the protected built areas or within the protection area of historical monuments, the conditions are more restrictive, and a building permit might be requested in respect of which, for ordinary construction works such building permit is not required.
Furthermore, in certain cases, specific urban planning documents are not required for the issue of a building permit.
