Cover article: “Simplified procedures for authorization of construction works”
by Roxana Neguțu, Partner Voicu & Filipescu and Alexandra Davidoiu, Senior Associate Voicu & Filipescu
The long awaited changes to the Law no. 50/1991 by Law no. 193/2019 entered into force as of November 2, 2019.
The main improvements aim to facilitate the procedure for authorizing construction works by reducing the deadlines for issuing the building and demolition permits, as well as simplifying the documentation and reducing the well-known bureaucracy.
Unique documentation for building/demolition and for connection to utilities
The authorization of the construction works and the connection to the public utility network are unified by issuing a single urbanism certificate, joint approvals and an unique building permit. The amendment is the expected approach considering that the new construction is dependent on the public utilities that will serve it.
One of the most important changes relates to the issuance of a single permit which will approve both the demolition of old buildings and the construction of new ones, without being necessary to perform a double authorization procedure.
Shorter deadlines for the issuance of the urbanism certificate and the building/demolition permit
In order to streamline the process of obtaining the building or demolition permits, the deadlines of issuing the documents have been considerably reduced as follows:
- the urbanism certificate shall be issued within 15 days from application and shall be delivered in printed form or digitally by email, according to the applicant’s request;
- the building or demolition permit shall be issued within 30 days from the date of submission of the full documentation and upon the supported request of the beneficiaries, it will be issued as a matter of urgency within a 7 working days, subject to the payment of an emergency fee, as it shall be further organized.
Simplified authorization procedure
In order to support the beneficiaries who do not finalize the construction works within the validity period of the building permit, the law grants the possibility of issuing a permit in a simplified procedure by reference to the actual progress of the works performed exclusively in observance of the provisions of the initial documentation (without being necessary to obtain a new urbanism certificate or new approvals).
Specific regulations on the supporting documents – approvals
It is expressly established that the approvals required through the urbanism certificate shall refer strictly to the type of works corresponding to the beneficiary’s project. Thus, it is no longer possible to request approvals without legal and technical basis linked to the envisaged works. It remains to be seen in practice to what extent the competent authorities will organize the specialized departments that will technically analyze the opportunity or necessity of obtaining such documents.
As regards the specific approvals necessary for issuing building or demolition permits in protected areas, the following are required:
- for works related to all categories of historical monuments, protection zones of historical monuments, protected built-up areas or constructions located in such areas, the permits are issued with the approval of the public administration competent in the cultural field, compared to the approval of the Ministry of Culture and Cults imposed according to previous regulation,
- for the works related to the safety zones of public transport infrastructure and communication channels, the permits are issued with the approval of the competent public administration in the field of transport, compared to the approval of the Ministry of Transport, Construction and Tourism imposed according to the previous regulation.
In order to support the applicants for obtaining building or demolition permits, the competent authorities have the obligation to organize the Unique Approval Commission for the counties or county capital cities. Such commission will provide consulting services regarding obtaining such approvals subject to a fee payment.
Extended competences granted to the prefect: the power to annul the building/demolition permit
The law sets forth a special power of the prefect to annul the building or demolition permits not complying with the legal provisions, as it will result from the inspections carried out by the State Inspectorate for Constructions.
Liability of the competent authorities
The law regulates the liability of the competent authorities, establishing as offenses: (i) failure to issue the approvals and the permits within the legal deadlines subject to fines ranging from RON 5,000 to 30,000 and (ii) the unjustified refusal to issue the urbanism certificates or the corresponding permits within the deadlines provided by the law in the case full documentations has been submitted, subject to fines ranging from RON 1,000 to 5,000. The sanctions are imposed by the control bodies of the State Inspectorate for Constructions.
Legal Changes of October 2019
Voicu & Filipescu is a full service law firm, covering all legal areas relevant to your company’s activity. This issue of our monthly newsletter provides you with a brief description of some of the recent legal amendments in: