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Law No. 125 Of 16 October 1996 For The Modification And Completion Of The Law #. 50/1991 Authorizing Execution Of Construction And Some Measures For The Achievement Of The Housing

Original Language Title:  LEGE nr. 125 din 16 octombrie 1996 pentru modificarea şi completarea Legii nr. 50/1991 privind autorizarea executării construcţiilor şi unele măsuri pentru realizarea locuinţelor

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LEGE No. 125 of 16 October 1996 to amend and supplement Law no. 50/1991 on the authorisation of construction and certain measures for housing
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO 259 of 24 October 1996



The Romanian Parliament adopts this law + Article 1 Law no. 50/1991 concerning the authorisation of construction and certain measures for the realisation of housing shall be amended and supplemented as follows: 1. In Article 2, after paragraph 2, a new paragraph is inserted, with the following contents: " By exemption from the provisions of the previous paragraph, building permits can be issued and in the absence of urban planning and landscaping documentation approved, for: a) works of modification, repair, protection, restoration and preservation of buildings of any kind, provided that the same function and the built area are maintained; b) modification or repair works on communication routes, underground and aerial technical-publishing facilities and the like, without modification of their route; c) modification or repair works on fencing, urban furniture, green spaces, parks and public gardens, pedestrian squares and other works of arrangement of public spaces; d) research and land prospecting works-drilling and excavation-necessary for geotechnical studies, topographic elevations, quarries, ballasters, gas and oil wells, as well as other holdings; e) the organization of tent camps. " 2. Article 4 (a) shall read as follows: " a) the permanent delegations of the county councils, with the opinion of the mayoralties, for the investments that are approved by the Government; for public works, places of worship, constructions for industry, trade, services, social-cultural and special, which is carried out in the villages; for the constructions and works of any kind, which are executed in the extravilan of the localities, except those mentioned in lett. d). " 3. Article 6 shall read as follows: "" Art. 6. -The building permit is issued no later than 30 days after the registration of the application, to which the technical documentation, consisting of the plan of location of the construction, plans from which the destination, the composition, is attached constructive, functional and appearance of construction, drawn up on a convenient scale by an authorized designer for construction works, natural or legal person, as well as proof of the applicant's title on the land. The technical documentation must be verified according to the law and also contain the necessary legal notices, on functions, presented by the applicant's care. In case of submission of an incomplete technical documentation, it shall be returned to the applicant within 10 days from the date of registration, with the written mention of the elements necessary to complete it. The technical documentation will be signed: a) by architect with a diploma recognized by the Romanian state, for the architectural part, in the above-ground and underground construction works with public access; b) engineer with diploma recognized by the Romanian state, for the engineering part in the construction works. The provisions of the preceding paragraph shall also apply to the execution documentation Technical documentation on ground floor and ground floor and floor buildings that do not exceed the deployed area of 175 square meters, their household annexes with a built area of up to 200 square meters, as well as provisional constructions, located in outside the protected areas, established according to the legal provisions, can also be signed by architects and subengineers, as the case may be. The signing of documentation by the persons referred to in par. 4, 5 and 6 entail their responsibility under the law. " 4. Article 8 (a) and (f) shall read as follows: "a) repairs to fencing, roofs, coverings or terraces, when their shape does not change and the materials from which they are executed;" "f) repairs to indoor installations and external connections, of any kind, related to buildings, without implications for the structure of resistance or their architectural appearance." 5. Article 12 shall read as follows: "" Art. 12. -By exception to the provisions of art. 10 10, land for the execution of construction may be awarded without public auction, in the following cases: a) for the realization of public utility objectives, including those of a social nature, non-profit, other than those that are carried out by local authorities on their land, with the payment of the concession fee established according to the law; b) for the extension of existing constructions by the owner or with its consent. " 6. In Chapter IV "Liabilities and Sanctions" Articles 25 ^ 1 and 25 ^ 2 are inserted, with the following contents: "" Art. 25 25 ^ 1. -Constitutes crimes the following facts: a) execution, without authorization or in violation thereof, of the works provided in art. 3 lit. b); b) the continuation of the execution of works, without authorization or in violation of its provisions, after the disposition of the stop of works by the bodies that imposed the contravention fine. The offences provided in par. 1 are punishable by imprisonment from 3 months to 3 years. Art. 25 ^ 2. -In case of committing the facts provided in art. 25 ^ 1, the inspection and control bodies provided for in art. 27 are obliged to notify the prosecution bodies. " 7. Article 26 shall read as follows: "" Art. 26. -It constitutes contraventions the following facts, if they were not committed in such conditions that, according to the law, they are considered crimes: a) execution, without authorization or in violation of it, as well as of approved projects, of the works provided in art. 3 3, except for the ones at lit. b); b) abolition, partial or total, without authorization or in violation of it, of constructions and installations, except those of art. 3 lit. b); c) the maintenance, after the expiry of the term provided for in the authorization, or the adaptation for other purposes, without authorization, of the provisional works, as well as the maintenance of provisional construction site constructions after the completion of d) preventing the exercise of control by inspection and control bodies, ability, by prohibiting their access or by not submitting the requested documents and documents; e) the issuance of the building permit or the abolition on the basis of documentation that are not drawn up, signed and verified by the persons empowered according to the law, which do not contain the necessary legal notices or that contravene the provisions urban planning and landscaping documentations approved or technical design and execution rules in force; f) non-organization and non-exercise of control, according to the law, by the control bodies of the county and local councils, with attributions in the field of urbanism and spatial planning, in their administrative-territorial units. Contraventions committed by natural or legal persons, provided in par. 1 lit. c) and f), is sanctioned with a fine from 2,000,000 lei to 4,000,000 lei, those from lit. d) and e), with a fine from 5,000,000 lei to 7,000,000 lei, and those from lit. a) and b), with a fine from 7,000,000 lei to 20,000,000 lei. " 8. Article 27 shall read as follows: "" Art. 27. -The contraventions provided in art. 26 is found by the control bodies of the county and local councils for the acts committed within their administrative-territorial units, except for the contravention provided in art. 26 lit. f), which is found under the conditions set out in par. 3, as well as by the control bodies of the county councils for local councils within their administrative-territorial units. The minutes of finding the contraventions, concluded by the control bodies, shall be submitted, in order to apply the sanction, to the head of the directorate who coordinates the activity of urbanism and landscaping or, as the case may be, the president or vice president of the county council, mayor or deputy mayor of the administrative-territorial unit where the contravention was enjoyed. State control in territorial planning, urbanism and authorization of construction execution are exercised by the State Inspection in construction, public works, urban planning and spatial planning within the Ministry of Public Works and Landscaping, which can find contraventions and impose fines throughout the country. Contraventions regarding the execution or abolition of constructions without authorization, provided in art. 26 26 para. 1 lit. a) and b), as well as those referred to in lett. c) and d) can also be found by police bodies. " 9. Article 28 shall read as follows: "" Art. 28. -With the application of the fine, for the contraventions provided in art. 26 26 para. 1 lit. a) and b), it is ordered to stop the execution of the works, as well as, as the case may be, the measures for their classification in the provisions of the authorization or the abolition of works carried out without authorization or in violation the minutes of finding the contravention. If the bodies that have imposed the fine appreciate that the works executed without authorization or in violation of it meet the conditions provided by law for the issuance of an authorization, they may establish, through the minutes of finding of contravention, a term in which the offender can request and obtain the necessary authorization or, as the case may be, a new authorization. In this situation, the measures to abolish the constructions will be ordered only after the deadline has expired. " 10. Article 30 shall read as follows: "" Art. 30. -If the persons sanctioned contraventionally stopped the execution of the works, but did not comply within those ordered in the minutes of finding the contravention, according to the provisions of art. 28, the inspection and control bodies provided for in art. 27 will refer the matter to the courts to order, as the case may be: a) the classification of works in the authorization; b) the abolition of illegal constructions. In the case of admission of the application, the court will set the deadlines for the execution of the measures provided in 1 lit. a) and b). In the situations provided in art. 25 ^ 1, the inspection and control bodies will be able to ask the criminal court to order, by the sentencing decision, the measures referred to in par. 1 lit. a) and b). The inspection and control bodies will be able to ask the criminal prosecution bodies notified and, as the case may be, to order, as a provisional measure, throughout the criminal proceedings, to stop the execution of the works. Persons who have benefited from the subsidy for the construction of a home and for whom the measure provided in par. 1 lit. b) will refund the subsidies received, with the payment of legal interests for the period in which they used them. " 11. Article 30 (1) shall be inserted after Article 30, with the following contents: "" Art. 30 30 ^ 1. -By derogation from the provisions of art. 30, constructions executed without a permit to build on land belonging to the public domain of the state, counties, cities or communes will be able to be abolished administratively by the competent public administration authority, without the complaint of the courts, at the expiry of the deadline set by the minutes of finding the contravention, at the expense of the offender. " 12. In Article 7 lit. a) and b), at art. 40 40 and in the Annex to Law no. 50/1991 the names are replaced: "Department for urban planning and spatial planning" with "Ministry of Public Works and Spatial Planning"; "Ministry of Environment" with "Ministry of Water, Forestry and Environmental Protection"; " Ministry of Commerce and Tourism "with" Ministry of Tourism ";" National Commission of monuments, ensembles and historical sites "with" Ministry of Culture ". In Article 38, the phrase "Department for urbanism and spatial planning within ...." is deleted. 13. In the contents Law no. 50/1991 the names are replaced: "prefecture" with: "permanent delegation of the county council", in art. 4 preamble and lit. a), art. 9 9 and art. 20 20 para. 3 3 and with the "county council" in Article 13 para. 4 4, art. 14 and in the annex; "mayors" with: "local councils", in art. 11 11, art. 13 13 para. 4 4, art. 14, 18, 19 and in the annex; with the "General Council of Bucharest Municipality" in art. 13 13 para. 4 4, art. 14, 18, 19 and in the annex; with "mayors" in art. 4 preamble and lit. a)-d), art. 9, 13 para. 1 1, art. 20 20 para. 3 3 and art. 31, and with the "General Mayor of Bucharest" at art. 4 preamble and lit. c), art. 9 9 and art. 20 20 para. 3; and the word "decision" with the "judgment" in art. 14 14 and 18. + Article 2 Any provisions contrary to this law shall be repealed. + Article 3 Law no. 50/1991 on the authorization of construction execution and some measures for the realization of housing, as amended, will be republished in the Official Gazette of Romania, Part I, giving the articles a new numbering. This law was adopted by the Senate at the meeting of October 1, 1996, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT ION SOLCANU This law was adopted by the Chamber of Deputies at the meeting of September 30, 1996, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE ------------------