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 realization of ISSUING housing PARLIAMENT Published in MONITORUL OFICIAL NR. 259 of 24 October 1996 the Romanian Parliament adopts this law.
Article 1, law No. 50/1991 authorizing execution of construction and housing measures in order to achieve change and completed as follows: 1. In article 2, after paragraph 2, insert a new paragraph with the following content: "through the exemption from the provisions of the preceding paragraph may be issued permits for the construction and in the absence of documentation of urban planning and landscaping have been approved for: a) modification works , repair, protection, restoration and preservation of buildings of any kind provided to maintain the same function and surface;
b) amending or papers concerning ways of communication repair, technical-urban underground and overhead lines and the like, without changing their route;
c) amending or works concerning repair fencing, urban furniture, furnishings for green spaces, parks and public gardens, squares, pedestrian and other works of public spaces;
d) research and prospecting of land-drilling and geotechnical studies-necessary excavations, which have a ridicarilor of topographic, quarries, gravel pits, gas probes and oil as well as other exploitation;
e) camps of tents. "
2. Article 4 (a)) shall read as follows: "permanent delegations) County Councils, with the opinion of the Mayor, for investments approved by the Government; public works, places of worship, Commerce, construction, industry, services, social-cultural and special, which is executed in the villages; for buildings and works of any kind, which is executed in the outskirts of localities, except those referred to in (b). d). "
3. Article 6 shall read as follows: Art. 6.-authorization to construct will be issued within 30 days of registration, to which is annexed, by way of technical documentation, consisting of construction plans indicating destination, constructive, functional construction and appearance, drawn up at a convenient scale by an authorized designer for construction works, the natural person or legal person, as well as proof of the applicant's title over the land.
Technical documentation shall be checked in accordance with the law and to contain the necessary legal notices on functions, presented by the applicant.
In case of submission of a technical documentation which is incomplete, it shall be returned to the applicant within 10 days of the date of registration in writing, with an indication of the materials necessary to supplement it.
Technical documentation will be signed: the architect's diploma) recognised by the Romanian State, the architecture, the construction works and the underground storages, with public access;
b) engineer with a diploma recognized by the State, part of the engineering construction works.
The provisions of the preceding paragraph shall also apply to the documentation.
Technical documentation relating to the residential buildings with ground floor and first floor and second floor not exceeding 175 sqm of surface, their household annexes with a built surface of up to 200 square meters, as well as provisional buildings, besides protected areas established according to legal provisions, can be signed and conductors and architects vîlcea, as appropriate.
Signing of documentation by the persons referred to in paragraph 1. 4, 5 and 6 shall entail responsibility them according to the law. "
4. Article 8 (a)) and f) shall read as follows: ' a) repairs to roofs, roofing, fencing, patios, or when not to change the shape and the materials from which they are carried out; "
' f) Inland plants and repairs to the exterior bransamentele, 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.-Notwithstanding the provisions of article 4. 10, land used for construction execution can lease without a public tender in the following cases: a) for the purposes of public utility, including those of a social nature, without lucrative purpose, other than those carried out by local colectivitatile on land, with the concession fee as established by law;
(b) to expand the existing construction) by the owner or with his consent. "
6. in chapter IV "Responsibilities and sanctions" are inserted articles 25 ^ 1 ^ 2 and 25, with the following content: "Art. 25 ^ 1. -Constitute offences the following facts: a) execution, without authorization or in violation thereof, referred to in art. 3 (a). b);
b) continuing execution without authorization or in violation of requirements of this disposition, after halting work by law enforcement officials who have applied to the administrative fine.
The crimes referred to in paragraph 1. 1 is punishable with imprisonment from 3 months to 3 years.
Art. 25 ^ 2. -In the case of the facts referred to in art. 25 ^ 1, inspection and control bodies as referred to in art. 27 are obliged to refer the matter to the prosecution. "
7. Article 26(2) shall read as follows: Art. 26. the following acts Constitute offences-if they were not committed in such circumstances that, by law, be considered offences: a) execution, without authorization or in violation thereof, and of the approved projects, the work referred to in article 1. 3, except for white and rosé wines. b);
b) disbanding, partially or wholly, without authorization or in violation thereof, the construction and installations other than those of article 235, 3 (a). b);
c) maintaining, after expiry of the period provided for in the authorization, or other purposes without authorization, provisionally, as well as maintaining the provisional construction site after completion of work on the basis of;
(d) prevention control) the exercise of inspection and control bodies are empowered, by banning their access or through documents and the required documents;
e) authorization to construct or remove on the basis of documents which are not drawn up, signed and verified by the authorized persons according to the law, which does not contain the required legal notices or terms which contravene the provisions of the town planning and landscaping rules approved technical design times and execution;
neorganizarea f) and failure to control, according to the law, by the supervisory bodies of the County and local councils with powers in the field of urban planning and spatial planning in their administrative-territorial units.
Offences committed by natural or legal persons, referred to in paragraph 1. and (b). c) and (f)), shall be imposed with a fine from 2,000,000 to 4,000,000 lei lei, the white and rosé wines. d) and (e)), with fine of 5,000,000 lei la 7,000,000 lei, while the rosé wines. the a and b)), with fine 7,000,000 20,000,000 Lions Lions. "
8. Article 27(2) shall read as follows: Art. 27.-Offences under article 4. 26 it is noticed by the control bodies of the County and local councils for the acts committed within their territorial-administrative units, with the exception of the contravention referred to in art. 26 lit. f), which are found under the conditions laid down in paragraph 1. 3, as well as by the control of county councils for local councils within their administrative-territorial units.
Reports of irregularities, concluded by the control bodies, shall, for the purposes of the penalty, the Chief of the Directorate who co-ordinates the work of town planning and landscaping or, where appropriate, the President of the County Council, Vice-President times Mayor cases or administrative and territorial unit where that offence was illustrious.
State control in spatial planning, urban planning and construction execution authorisation is exercised by the State Inspection for construction, public works, zoning and planning in the Ministry of public works and town and country planning, which may find offence and fines may be applied throughout the country.
Offences relating to enforcement or dismantling construction without a permit as referred to in art. 26 para. and (b). the a and b)), as well as those referred to. c) and (d)) can be found and the police. "
9. Article 28 shall read as follows: Art. 28. once the application of fine for offences under article 4. 26 para. and (b). the a and b)), ordering stoppage of execution, as well as, where appropriate, measures for their classification under authorization or dismantling works performed without authorization or in violation thereof, within a time limit set out in the minutes of the contravention.
If the bodies that have carried out works fine it considers without a permit or in contravention of its conditions provided by law for the issue of an authorisation, they shall lay down, by the finding of violation, a term in which the infringer may request and obtain the necessary authorisation or, where appropriate, a new authorization. In this situation, measures abolishing construction will be prepared only after the expiry of the deadline. "
10. Article 30 shall read as follows:
"Art. 30.-where individuals sanctioned execution contravening stopped but not complied within those laid out in the report in respect of the contravention, art.7. 28, inspection and control. 27 will refer the matter to the courts, where appropriate: (a) provisions of the works) employment authorization;
b) abolishing unlawful construction.
In the case of acceptance of the application, the Court will establish deadlines for the implementation of the measures referred to in paragraph 1. and (b). the a and b)).
In the cases referred to in article 1. 25 ^ 1, inspection and control will be able to ask the Court to order at criminal by the judgement of conviction, the measures referred to in paragraph 1. and (b). the a and b)). Inspection bodies and inspection authorities will be able to ask the prosecution appealed and, where appropriate, the Court, to have, as a provisional measure, throughout the criminal process, stopping the execution.
People who have benefited from the subsidy for the construction of a residence and for which ordered the measure mentioned in paragraph 1. and (b). b) will refund the subsidies received, pay interest for the period in which they used. "
11. After article 30 article 30 shall enter ^ 1 with the following content: "Art. 30 ^ 1. -By way of derogation from the provisions of art. 30, the constructions carried out without planning permission on land belonging to the public domain of the State, counties, cities or of the House of Commons may be administratively dissolved by the competent public administration, without referral to the courts, at the expiry of the period laid down by the Protocol in respect of the contravention, the infringer's expense. "
12. In article 7(b). the a and b)), at art. 40 and in the annex to the law. 50/91 shall be replaced by the following: "Department of zoning and planning" with "Ministry of public works and town and country planning"; "The Ministry of environment" with "Ministry of waters, Forests and environmental protection"; "The Ministry of trade and tourism" with "Ministry of tourism"; "National Commission of monuments, ensembles and historical sites" with "Ministry of culture". Article 38 would remove the phrase "Department of zoning and planning within.".
13. In the law No. 50/91 shall be replaced by the following: "Prefecture" with permanent delegation: "County Council", at art. 4 preamble and subparagraph (c). a), art. 9 and art. 20 paragraph 1. 3 and the "County Council" in article 13 para. 4, art. 14 and annex; "town halls" with: "local councils", at art. 11, art. 13(2). 4, art. 14, 18, 19 and annex; with "the General Bucharest City Council" at art. 13(2). 4, art. 14, 18, 19 and annex; with the "mayors" in art. 4 preamble and subparagraph (c). a)-d), art. 9, paragraphs 1 and 13. 1, art. 20 paragraph 1. 3 and art. 31, and the "Mayor of the municipality of Bucharest" at art. 4 preamble and subparagraph (c). c), art. 9 and art. 20 paragraph 1. (3); and the word "decision" with "judgment" in art. 14 and 18.
Article 2 Any provisions contrary to this law are hereby repealed.
Article 3 Law No. 50/1991 authorizing execution of construction and measures for carrying out housing, with subsequent amendments, will the Republic Official Gazette of Romania, part I, Rosca articles a new numbering.
This law was adopted by the Senate at its meeting on 1 October 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. SENATE CHAIRMAN ION SADANI this law was adopted by the Chamber of deputies at its meeting on 30 September 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ADRIAN NASTASE — — — — — — — — — — — — — — — — — —