Strategic planning/zoning in Romania is governed by Law 350/2001 regarding urban planning and several other general and local regulations and plans.
The main regulations and plans are:
The PUG is a complex technical document drawn up for the regulation and development of a locality and sets forth general provisions, based on which the PUZs are drafted for the different areas of such locality.
The PUZ is a technical document drawn up for detailed regulation of the development of a determined area within an administrative unit and sets forth the rules and conditions under which constructions may be built in a particular area.
The PUD is a technical document that details the PUG and the PUZ and that is drawn up for a specific location.
The importance of the above-mentioned documents resides in the fact that they determine, among others aspects:
Last modified 13 Mar 2025
According to the Law 50/1991 regarding construction works, construction works may be performed only after a building permit is issued by the relevant authority. The first step to be taken in order to receive a building permit is the issue of a locality planning certificate. Thus, the locality planning certificate alone does not grant the right to perform construction works.
The locality planning certificate is a document issued for information purposes by the competent authorities and contains a summary of the territorial arrangement and zoning regulations applicable to a certain plot of land, the requirements that need to be complied with in relation to the plot of land, and the approvals necessary for obtaining the building permit. The locality planning certificate contains the rules and parameters that have to be followed and complied with by the designer of the building/construction and may not deviate from the requirements set forth by the urban planning documentation of the respective area.
According to the relevant legislation, when 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 investor, the investor may be required by the competent authorities to prepare a zoning urban plan or a detailed urban plan. Only following the approval of the requested urban plans by the relevant authorities, the investor may prepare the other documents and apply for the issue of a building permit. For most investments, the preparation of the zoning urban plan requires the prior approval of the chief-architect involved in the investment, approval which then needs to be endorsed by the competent authorities.
By way of exception, the issue of building permits are not required for certain works, for example
However, in 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 the building permit.
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The Law 10/1995 regarding quality in construction works provides the main framework of the requirements that need to be fulfilled by investors, designers and constructors. Furthermore, several technical regulations regulate the construction quality system.
Certain standards must be met throughout the entire existence of the construction relating to:
Technical expertise must be provided by authorized experts for rebuilding, consolidation, transformation, partial demolition purposes.
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According to the Procedural Norms associated to Law 50/1991 regarding construction works, approvals authenticated by a notary public are required from the neighbours for construction works necessary for the purpose of changing the designated use of existing buildings, or for the development of buildings with a different use to that of the neighbouring buildings. Any unjustified refusal of the neighbours can be assessed as such by a competent court and a court decision in that regard is a substitute for the neighbours' approval.
Last modified 13 Mar 2025
The main legislation regarding the development and designated use of individual parcels of land is Law 350/2001 regarding urban planning, Law 50/1991 regarding construction works and Law 10/1995 regarding quality in construction works.
Depending on what it relates to, a building permit can be issued by:
According to the Law 350/2001 regarding urban planning, the zoning urban plan and the detailed urban plan have to be signed only by the urban planning experts who have signatory rights. In addition, as a general rule, the zoning urban plan and the detailed urban plan are approved by the Local Councils.
Last modified 13 Mar 2025
Several other permits and approvals are necessary for construction works. By way of example the following approvals are necessary:
The preliminary contact with the competent environmental authority is a prior mandatory requirement for the issue of the building permit. At that stage, the authority will make an initial assessment of the investment in order to establish if an environmental impact study is necessary.
If an environmental study is necessary, the investor will notify the competent authority issuing the building permit with its intention to continue with the development. An environmental study will need to be prepared by the investor in accordance with the environmental regulations.
The environmental approval document is a compulsory part of the documentation filed for obtaining a building permit. The competent authority issuing the building permit shall refuse any building permit application which does not have a full set of supporting documents, such as the environmental authority authorizing document.
Locality planning certificates may require several approvals for the issue of the building permit. By way of example, the following approvals may be requested:
Last modified 13 Mar 2025
According to the Law 50/1991 regarding construction works, in order to obtain a building permit the following steps must be followed:
In addition, when necessary due to the importance and/or complexity or specifics of the construction works or when derogation from the provisions of the existing urban planning documents is requested by the investor, the investor may be required by the authorities to prepare a zoning urban plan or a detailed urban plan.
Furthermore, the authenticated (by the notary public) approval of the neighbours necessary for the purpose of changing the use of existing buildings, or for the development of buildings with a different use from that of the neighbouring buildings, must be contained in the technical documentation filed for the issue of the building permit.
Last modified 13 Mar 2025
According to the applicable legislation, the public should be involved in all steps of the decisional process regarding the urban planning and designed use of the territory. The public's participation in the decisional process involves its right to have access to information, its right to be consulted and its right of free access to justice on urban planning and designed use of territory issues during the setting-up and approval of the public strategies and the corresponding documentation.
Any interested third party may file with the relevant authority opinions and objections to a proposed urban planning and/or designated use for a specific area. Should the authorities not consider the objections raised during the decisional process, the interested third parties may file a court action to challenge the administrative act issued by the authorities.
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The authority which is competent to issue a building permit depends on the location and the nature of the plot of land on which the building will be developed.
Furthermore, if an interested person files a claim with the administrative courts of law in order to challenge a building permit or the administrative decision to reject the application for a building permit, the application for the issue of the building permit will be reviewed by such courts of law.
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According to the law 50/1991 regarding construction works, the building permit is issued within 30 days following the filing of the application, together with the complete underlying documentation. However, please note that, in practice, the issue of a building permit may take more than 30 days.
Last modified 13 Mar 2025
According to the Law 50/1991 regarding construction works, any interested person may file with the administrative courts of law a claim in order to challenge a building permit or the administrative decision of rejecting the application for a building permit.
Nonetheless, before going to court, a preliminary administrative procedure needs to be followed. Hence, within 30 days from the building permit or, as the case may be, the administrative decision being made available to the public, the interested persons apply to the competent authority to revoke the said administrative acts. Only if the competent authority does not issue a favourable resolution, may the interested persons file a claim with the administrative courts of law.
An interested person may be a person whose application for a building permit was rejected, as well as any other person who may claim an interest (including the prefect of the relevant county).
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Development agreements with the Romanian public authorities may be concluded according to the applicable legislation regulating public procurement, provision of services and concessions (ie Law no. 98/2016 regarding public procurement, Law no. 99/2016 regarding the sectorial procurement, Law no. 100/2016 regarding the award of public works and services concession agreements, Law no. 101/2016 on remedies and appeals, Emergency Government Ordinance no. 57/2018 regarding the Administrative Code).
Furthermore, please note that agreements with the utilities suppliers must be concluded during the construction works as well as after the construction works are finished.
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Once the building permit is received, the construction works must start within the validity period indicated in the building permit, which can be of maximum 24 months from the date of issue and which can be extended for only one time for another 24 months. If the construction works start within the respective period of time, the building permit is valid for the entire duration of the construction works. However, the construction works must be completed within the period provided for in the building permit.
The investor has the obligation to notify the authority who has issued the building permit, as well as the territorial inspectorate in constructions on the date of starting the authorized works. Otherwise, if the finding of the fact of starting the works without notification was made within the validity term of the building permit, the date of starting the works shall be considered as the day following the date of issuance of the authorization.
The validity of the building permit extends over the entire duration of the works provided by the authorization, starting with the date of starting the works notified as per the above paragraph. In case of non-compliance with the notification obligation, the execution duration established in the building permit is calculated from the date of issuance of the building permit.
Also, the validity of the building permit is maintained in case of change of the investor, before the completion of the works, provided that the provisions of the related building permit are observed and the changes in the real estate rights are registered with the land book.
If the construction works are not started within the validity period of the building permit or in case of a change of theme and if no urban regulations were approved, different to the ones based on which the initial building permit was issued, a new building permit must be obtained. The new building permit can be issued based on the same documentation and without the need of obtaining a new urban planning certificate or new permits/approvals.
The new building permit should be requested within a time period equal to the validity period of the initial building permit. In case the protection regime of the property or of the area where the property is located changes between the date when the initial building permit was issued and the date when a new building permit is requested, the reconfirmation of the approval issued by the authority responsible for the protected matter is necessary.
If the construction works are not finalized within the validity period of the building permit, a new building permit for the continuation of works may be issued, corresponding to the physical stage of the authorized works and based on the same documentation for the authorization for those construction works, without new urbanism certificate and approvals being necessary.
However, on appropriate grounds, the relevant authority may extend the validity of a building permit, or of the period of time within which the construction works must start, once only and for a period no longer than 24 months.
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The public control of construction works is performed by the State Inspectorate of Construction and by other competent authorities through inspections carried out at the construction sites during the entire development.
The State Inspectorate of Construction and the authority that issued the building permit must be notified when the construction works start. Moreover, the reception handover protocol on the completion of the construction works is signed only if the requirements set out by the building permit have been fulfilled. The handover protocol is signed by a commission which must comprise the following members: a representative of the investor, a representative of the local authority and 1-3 specialists in the construction field. In certain situations the structure of the reception commission must be extended, by including the following additional members, as follows: (i) a representative of the State Inspectorate in Constructions, in case of the reception of buildings of high importance or in case of the reception of low importance buildings of public or social interest financed in whole or in part from public funds or in case of intervention to such buildings; (ii) a representative appointed by the inspectorates for emergency situations, for the constructions falling under the Law no. 307/2006 on fire prevention; (iii) a representative appointed by the county/Bucharest culture departments, for constructions included in the list of historical monuments (iv) a designated representative by the main credit release authority in case of the reception of buildings of high importance or in case of intervention to such buildings financed in whole or in part from public funds and for which the approval of the technical documentation is in the competence of the government.
Furthermore, any interested person may file with the administrative courts of law a claim in order to challenge any acts of the relevant authority.
Non-compliance by a developer with the relevant permits and authorizations is punished by an administrative fine (and also by the refusal of the authorities to acknowledge the completion of the building. Such refusal of the authorities would impede on the Land Book registration of the building and also preclude the owner from using the building in accordance with its designated use.
Last modified 13 Mar 2025
Are there any legal restrictions on the designated use to which any new building may be put or on any change in the designated use of an existing building?
According to the Procedural Norms associated to Law 50/1991 regarding construction works, approvals authenticated by a notary public are required from the neighbours for construction works necessary for the purpose of changing the designated use of existing buildings, or for the development of buildings with a different use to that of the neighbouring buildings. Any unjustified refusal of the neighbours can be assessed as such by a competent court and a court decision in that regard is a substitute for the neighbours' approval.
Last modified 13 Mar 2025