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Law No. 50 Of 29 July 1991 * Authorizing Execution Of Construction Republished And Some Measures For The Achievement Of The Housing

Original Language Title:  LEGE nr. 50 din 29 iulie 1991 *** Republicată privind autorizarea executării construcţiilor şi unele măsuri pentru realizarea locuinţelor

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LEGE no. 50 50 of 29 July 1991 (** republished) (* updated *) concerning the authorisation of construction works ((updated until 1 May 2016 *)
ISSUER PARLIAMENT




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** **) Republicated pursuant to art. II para. ((1) of Law no. 199/2004 to amend and supplement Law no. 50/1991 on the authorization of the execution of construction works, published in the Official Gazette of Romania, Part I, no 487 of 31 May 2004, giving the texts a new numbering.
Law no. 50/1991 was republished in the Official Gazette of Romania, Part I, no. 3 3 of 13 January 1997 and has been amended by:
- Government Emergency Ordinance no. 231/2000 to amend and supplement Law no. 50/1991 on the authorization of construction execution and some measures for housing, published in the Official Gazette of Romania, Part I, no. 612 612 of 29 November 2000, rejected by Law no. 413/2001 , published in the Official Gazette of Romania, Part I, no. 402 402 of 20 July 2001;
- Government Emergency Ordinance no. 295/2000 to suspend the application or repeal of emergency ordinances and ordinances of the Government, published in the Official Gazette of Romania, Part I, no. 707 707 of 30 December 2000, approved by Law no. 109/2001 , published in the Official Gazette of Romania, Part I, no. 157 157 of 29 March 2001;
- Law no. 350/2001 on spatial planning and urbanism, published in the Official Gazette of Romania, Part I, no. 373 373 of 10 July 2001;
- Law no. 453/2001 to amend and supplement Law no. 50/1991 on the authorization of the execution of construction works and some measures for the realization of housing, published in the Official Gazette of Romania, Part I, no 431 of 1 August 2001, rectified in the Official Gazette of Romania, Part I, no. 712 712 of 8 November 2001;
- Government Ordinance no. 5/2002 to amend and supplement art. 4 4 of Law no. 50/1991 on the authorization of the execution of construction works, republished, published in the Official Gazette of Romania, Part I, no. 70 70 of 31 January 2002, approved by Law no. 455/2002 , published in the Official Gazette of Romania, Part I, no. 504 504 of 12 July 2002;
- Government Ordinance no. 36/2002 on local taxes and fees, republished in the Official Gazette of Romania, Part I, no. 670 670 of 10 September 2002, repealed by Law no. 571/2003 on the Fiscal Code, published in the Official Gazette of Romania, Part I, no. 927 927 of 23 December 2003;
- Law no. 401/2003 to amend and supplement Law no. 50/1991 on the authorization of the execution of construction works, published in the Official Gazette of Romania, Part I, no 749 749 of 27 October 2003.
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+ Chapter I Authorization of execution of construction works + Article 1 (1) The execution of construction works is allowed only on the basis of a building or abolition authorization, issued under the conditions of this law, at the request of the holder of a real right on a building-land and/or construction- identified by cadastral number, if the law does not have otherwise. ---------- Alin. ((1) of art. 1 1 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (2) Civil, industrial constructions, including those for the support of technological, agricultural or other installations and machinery, may be carried out only in compliance with the building permit, issued under the conditions of this Law, and regulations on construction design and execution. + Article 2 (1) The building permit constitutes the final act of authority of the local public administration on the basis of which it is allowed to execute the construction works corresponding to the measures provided by law regarding the location, conception, Construction, operation and post-use. ---------- Alin. ((1) of art. 2 2 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (2) The building permit is issued on the basis of the documentation for the authorization of the execution of construction works, elaborated under the conditions of this law, under and in compliance with the provisions of urban planning documentation, approved and approved according to law ---------- Alin. ((2) of art. 2 2 has been amended by section 1 1 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ((2 ^ 1) The procedure for authorizing the execution of construction works begins with the submission of the application for the issuance of the urbanism certificate in order to obtain, as a final act, the building permit and includes the following stages: a) issuance of the urbanism certificate; b) issue of the point of view of the competent authority for environmental protection for investments not subject to environmental impact assessment procedures; c) notification by the applicant of the authority of the competent public administration about the maintenance of the request for obtaining, as final act, the building permit, for the investments to which the competent authority for environmental protection has established the need for environmental impact assessment and issued the guidance according to the legislation on the impact assessment of certain public and private projects on the environment; d) issue of opinions and agreements, as well as of the administrative act of the competent environmental protection authority on investments assessed in terms of environmental impact; e) elaboration of the technical documentation necessary for the authorization of execution of construction works, hereinafter referred to as technical documentation-D.T.; f) submission of documentation for the authorization of execution of construction works to the competent public administration authority; g) issuance of the building permit. ---------- Alin. (2 ^ 1) of art. 2 2 has been amended by section 2 2 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 3 3 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (3) The building permits for bus networks, communication routes, land improvement facilities, telecommunications networks or other infrastructure works, which are executed in the extravilan of the localities, are issued in compliance with the landscaping plans, approved and approved according to the law. (4) By exemption from the provisions of par. (2) building permits can be issued and without approved spatial planning and urbanism documentation, for: a) modification, repair, protection, restoration and preservation of buildings of any kind, provided that the same function is maintained, the surface built on the ground and their volumetry; a ^ 1) works to bunk buildings with one more level, only once, in the area of not more than 20% of the built-up area of buildings, provided that they are located outside protected areas or areas of protection of monuments, as appropriate; ---------- Lit. a ^ 1) a par. ((4) of art. 2 2 was introduced by section 4.2. 3 3 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 3 3 ^ 1. a ^ 2) works of extension of social, educational, health, cultural and administrative buildings belonging to the public and private domain of the state and administrative-territorial units, if the extension falls within the provisions the local urban planning regulation related to the general urban plan-PUG or the zonal urban plan-PUZ, approved, in force; ---------- Lit. a ^ 2) a par. ((4) of art. 2 2 was introduced by section 4.2. 3 3 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 3 3 ^ 1. a ^ 3) changing the use of existing constructions, if the new use corresponds to the provisions of the local urban planning regulation related to the general urban plan-PUG or the zonal urban plan-PUZ, approved, in force; ---------- Lit. a ^ 3) a par. ((4) of art. 2 2 was introduced by section 4.2. 3 3 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 3 3 ^ 1. b) repair works on communication routes, technical-publishing facilities and the like, without modification of the route and, as the case may be, of their functionality; c) repair works on surroundings, urban furniture, green spaces, parks and public gardens, pedestrian squares and other works of arrangement of public spaces; d) research and land prospecting works-boreholes and excavations-, necessary in order to carry out geotechnical studies, quarries, ballasters, gas and oil wells, as well as other exploits; e) the organization of tent camps. + Article 3 (1) Civil, industrial, agricultural constructions, those for the support of technological installations and machinery, for infrastructure of any kind or of any other nature can be carried out only in compliance with the building permit, as well as regulations on construction design and execution, for: a) construction, reconstruction, consolidation, modification, extension, rehabilitation, change of destination or repair of constructions of any kind, as well as of the installations related to them, except for those provided in art. 11 11; b) construction, reconstruction, extension, repair, consolidation, protection, restoration, conservation, as well as any other works, regardless of their value, to be carried out in all categories of historical monuments provided by Law no. 422/2001 on the protection of historical monuments, republished, with subsequent amendments and completions, including their annexes, identified in the same building-land and/or construction, in constructions located in areas of protection of monuments and in protected areas, established according to the law, or in constructions with special architectural or historical value, established by approved urban planning documentation; ---------- Lit. b) a par. ((1) of art. 3 3 has been amended by section 4.2 1 1 of art. I of LAW no. 53 53 of 30 March 2016 published in MONITORUL OFFICIAL no. 245 245 of 1 April 2016. c) construction, reconstruction, modification, extension, repair, modernization and rehabilitation works on communication routes of any kind, forest roads, art works, technical-edilitary networks and facilities, connections and connections to utility networks, hydrotechnical works, white furnishings, land improvement works, infrastructure installation works, works for new production capacities, transport, electricity and/or thermal power distribution, as well as rehabilitation and retrofitting of existing ones; d) fencing and urban furniture, landscaping of green spaces, parks, playgrounds and leisure, squares and other works of arrangement of public spaces; e) drilling and excavation works necessary for the carrying out of geotechnical studies and geological prospections, the design and opening of quarries and ballasters, gas and oil wells, as well as other surface exploits, underground or underwater; ---------- Section 1 of the art. I of EMERGENCY ORDINANCE no. 85 85 of 5 October 2011 , published in MONITORUL OFFICIAL no. 716 of 11 October 2011, which amends lit. e) a par. ((1) of art. 3 of this normative act, was repealed by item 1 1 of art. unique from LAW no. 81 81 of 5 April 2013 , published in MONITORUL OFFICIAL no. 199 199 of 9 April 2013. As a result of this repeal, lit. e) a par. ((1) of art. 3 3 has returned to its original form as amended by section 4.2. 4 4 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009. f) works, facilities and constructions of a provisional nature necessary for the organization of the execution of works, under the conditions provided in art. 7 7 para. ((1) and (1 ^ 3); g) the organization of tent camps, cottages or caravans; h) construction works of a provisional nature: kiosks, tonettes, cabins, exhibition spaces, display bodies and panels, companies and advertisements, awnings and pergolas located on public paths and spaces, household annexes, as well as household annexes of agricultural holdings located in extravilan; i) cemeteries-new and expansions. (2) In order to simplify the procedure for the authorization of the execution of the provisional construction works provided in par. ((1) lit. d), g) and h), the building permit is issued on the basis of technical documentation-D.T. with simplified content in relation to the framework content set out in Annex no. 1. ---------- Article 3 has been amended by section 3. 4 4 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 4 4 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. + Article 4 (1) The building permits shall be issued by the presidents of the county councils, by the general mayor of Bucharest, by the mayors of the municipalities, the sectors of Bucharest, of the cities and communes for the execution of the works defined in art. 3 3, as follows: a) by the chairmen of the county councils, with the opinion of the mayors, for the works 1. on land exceeding the limit of an administrative-territorial unit; 2. in the intravilan and extravilan of the administrative-territorial units whose mayors do not have any employee-public official with attributions in the field of urbanism, spatial planning and authorization of the execution of construction works, in specialized structures organized according to the law; ---------- Item 2 of the letter. a) a par. ((1) of art. 4 4 has been amended by section 2 2 of art. I of LAW no. 53 53 of 30 March 2016 published in MONITORUL OFFICIAL no. 245 245 of 1 April 2016. a ^ 1) by the presidents of the county councils, with the prior opinion of the secretary of the administrative-territorial unit or the person appointed by the prefect art. 55 55 para. (8 ^ 1) of the Local Government Law no. 215/2001 , republished, with subsequent amendments and completions, in exceptional situations in which the works are executed at buildings located within the administrative-territorial units where the local council is dissolved and the mayor cannot exercise Tasks: 1. as a result of the termination or suspension of the mandate under the law; 2. in the event that preventive measures, other than those that cause the suspension of the mandate and which make it impossible to exercise by him the powers provided by law; ---------- Lit. a ^ 1) a par. ((1) of art. 4 4 was introduced by art. VII of EMERGENCY ORDINANCE no. 41 41 of 30 September 2015 , published in MONITORUL OFFICIAL no. 733 733 of 30 September 2015. b) by the mayors of the municipalities, for the works that are carried out in their administrative territory, except for those provided in lett. a) section 1 1; c) by the general mayor of Bucharest, with the opinion of the mayors of the sectors of Bucharest, for the works that are executed 1. on land exceeding the administrative-territorial limit of a sector and those from extravilan; 2. to the constructions provided in art. 3 3 para. ((1) lit. b); ---------- Item 2 of the letter. c) a par. ((1) of art. 4 4 has been amended by section 5 5 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 4 4 ^ 2. 3. works of modernization, rehabilitation, expansions of municipal urban networks, urban or surface urban transport, transport and distribution, for: water/canal, gas, electric, district heating, as well as works and/or rehabilitation for streets that are in the administration of Bucharest City Hall ---------- Item 3 of the letter. c) of art. 4 4 has been amended by section 1 1 of art. 42 of LAW no. 154 154 of 28 September 2012 , published in MONITORUL OFFICIAL no. 680 680 of 1 October 2012. d) by the mayors of the sectors of Bucharest, for the works that are carried out in the administrative territory of the sectors, except for those provided in c), including connections and connections related to the publishing networks; ---------- Lit. d) of art. 4 4 has been amended by section 4.2 5 5 of art. unique from LAW no. 119 119 of 5 May 2005 , published in MONITORUL OFFICIAL no. 412 412 of 16 May 2005, amending art. unique of EMERGENCY ORDINANCE no. 122 122 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.152 1.152 of 6 December 2004. e) of mayors of administrative-territorial units that have in the specialized apparatus employees-civil servants with attributions in the field of urbanism, spatial planning and authorization of the execution of construction works for the works that is executed: ---------- Part introd. a lit. e) a par. ((1) of art. 4 4 has been amended by section 4.2 3 3 of art. I of LAW no. 53 53 of 30 March 2016 published in MONITORUL OFFICIAL no. 245 245 of 1 April 2016. 1. in their administrative territory, except those referred to in lett. a) section 1 1; 2. at the constructions representing historical monuments classified or in the class procedure according to the law, located on the administrative territory, under the conditions of art. 10 lit. a) and art. 45 45 para. (4) and the opinion of the chief architect of the county; ---------- Item 2 of the letter. e) of art. 4 4 has been amended by section 6 6 of art. unique from LAW no. 119 119 of 5 May 2005 , published in MONITORUL OFFICIAL no. 412 412 of 16 May 2005, amending art. unique of EMERGENCY ORDINANCE no. 122 122 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.152 1.152 of 6 December 2004. ---------- Lit. f) a par. ((1) of art. 4 4 has been repealed by section 6.6. 5 5 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 4 4 ^ 4. (2) For investments that are carried out on sites exceeding the administrative-territorial limit of the county, respectively of the city of Bucharest, in bordering administrative-territorial units, in order to harmonize the conditions of authorization for the entire investment, the authority of the central public administration competent with regulatory powers, according to the law, in the field of which the investment subject to authorization is part, will issue a coordinating opinion, under which the presidents the county councils involved, respectively the general mayor of Bucharest, as the case may be, will issue building permits for the execution of works related to the investment parties located in the administrative-territorial units in their area of competence. ---------- Alin. ((2) of art. 4 4 has been amended by section 2 2 of art. unique from LAW no. 81 81 of 5 April 2013 , published in MONITORUL OFFICIAL no. 199 199 of 9 April 2013, which introduces point 1 1 ^ 1 al art. I of EMERGENCY ORDINANCE no. 85 85 of 5 October 2011 , published in MONITORUL OFFICIAL no. 716 716 of 11 October 2011. (2 ^ 1) For the works of installation and development of electronic communications networks, the Ministry of Regional Development and Tourism will issue a coordinating opinion, on the basis of which the presidents of the county councils involved, namely the general mayor of The city of Bucharest will issue building permits for all works in their area of competence. ---------- Alin. (2 ^ 1) of art. 4 4 has been introduced by section 2 2 of art. 42 of LAW no. 154 154 of 28 September 2012 , published in MONITORUL OFFICIAL no. 680 680 of 1 October 2012. (3) The building permits provided in par. ((2) and (2 ^ 1) produce effects from the date of entry into force of the last building permit issued under the conditions of this Law. ---------- Alin. ((3) of art. 4 4 has been amended by section 3 3 of art. 42 of LAW no. 154 154 of 28 September 2012 , published in MONITORUL OFFICIAL no. 680 680 of 1 October 2012. ((4) Abrogat. ---------- Alin. ((4) of art. 4 4 has been repealed by section 6.6. 7 7 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 5 5 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ((5) Abrogat ---------- Alin. ((5) of art. 4 4 has been repealed by section 6.6. 2 2 of art. I of EMERGENCY ORDINANCE no. 85 85 of 5 October 2011 , published in MONITORUL OFFICIAL no. 716 716 of 11 October 2011 (6) By exception to the provisions of art. 2 2 para. (1), the execution of the works of drilling necessary for the conduct of geotechnical studies and geological prospections, the design and opening of gas and oil operations, other underwater operations, as well as the construction works of Submarine energy and communications networks, in the territorial sea, the contiguous area or the exclusive economic zone of the Black Sea, as the case may be, shall be permitted under the authority of the competent authority designated by the special law, which holds a place of building/abolition authorization and is issued under the terms of the legislation specific gas, oil, electricity and communications, of which the works are part, as the case may be. ---------- Alin. ((6) of art. 4 4 has been introduced by section 3 3 of art. unique from LAW no. 81 81 of 5 April 2013 , published in MONITORUL OFFICIAL no. 199 199 of 9 April 2013, which introduces point 3 3 of art. I of EMERGENCY ORDINANCE no. 85 85 of 5 October 2011 , published in MONITORUL OFFICIAL no. 716 716 of 11 October 2011. ---------- Article 4 has been amended by art. unique of EMERGENCY ORDINANCE no. 122 122 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.152 1.152 of 6 December 2004. + Article 5 (1) The opinions and agreements established by the urbanism certificate shall be requested by the investor/beneficiary and shall be obtained from the competent authorities in the field before the submission of the documentation for the authorization of the execution of the construction works Public administration authorities competent for: a) insurance and connection/connection to the edilitary infrastructure, under the conditions imposed by the characteristics and location of the energy distribution/transport networks in the site area; b) connection to the communication path network; c) fire safety, civil protection and public health protection; d) requirements specific to areas with restrictions established by special regulations. ((2) The acts of authority issued by the competent authorities for the protection of the environment referred to in 2 2 para. ((2 ^ 1) lit. b) and d) are requested and obtained by the investor/applicant under the law. (3) The opinions and agreements established by the urbanism certificate, together with the view of the competent authority for the protection of the environment or, as the case may be, its administrative act, obtained according to the provisions of par. ((1) and (2), shall be annexed and become an integral part of the building permit. ---------- Article 5 has been amended by section 6.6. 9 9 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 6 6 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. + Article 6 (1) The urbanism certificate is the act of information by which the authorities provided in art. 4 4: a) make known to the applicant the information on the legal, economic and technical regime of the existing land and constructions on the date of the request, in accordance with the provisions of the urban plans and their regulations Spatial planning plans, as appropriate, approved and approved according to the law; b) establish the urban requirements to be fulfilled according to the specifics of the site; c) establish the list of opinions/agreements required for authorization; d) incunostinteaza the investor/applicant on the obligation to contact the competent authority for environmental protection, in order to obtain the point of view and, as the case may be, of its administrative act, necessary in order to authorization. ---------- Alin. ((1) of art. 6 6 has been amended by section 10 10 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 7 7 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ((1 ^ 1) The point of view of the competent authority for the protection of the environment is the written document issued by it after the initial assessment stage, respectively after the stage of the investment in the environmental impact assessment procedure, and the administrative act of the competent authority for environmental protection is, where appropriate, the environmental agreement or the Natura 2000 opinion. ---------- Alin. ((1 ^ 1) of art. 6 6 has been amended by section 11 11 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 8 8 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (2) The urbanism certificate is issued by the authorities provided in art. 4, authorized to authorize the construction works, and shall be issued to the applicant no later than 30 days from the date of registration of the application, necessarily mentioning the purpose of its issuance. (3) The urbanism certificate shall be signed by the chairman of the county council or mayor, as the case may be, by the secretary and by the chief architect or by the person with responsibility in the field of spatial planning and urbanism in the apparatus own the authority of the issuing public administration, the responsibility of issuing it to the signatories, according to the powers established according to the (4) In order to issue the urbanism certificate, the applicant-any interested natural or legal person-will address the authorities provided in art. 4 with an application that will include both the elements of identification of the property for which the urbanism certificate is requested, namely the locality, cadastral number and land registry number, where applicable, if the law does not have otherwise, and elements defining the purpose of the request ---------- Alin. ((4) of art. 6 6 has been amended by section 12 12 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 9 9 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (5) The urbanism certificate does not confer the right to perform construction works. (6) The urbanism certificate is also issued in the following situations: a) for the concession of land, according to the law; b) in order to tender the design of public works in the phase of "Feasibility Study", according to the law; c) for claims in justice and notarial operations on real estate movement when the respective operations have as object dividing or comasars of plots requested for the purpose of construction works, as well as the establishment of a servituti of passage on a building. The mentioned legal operations, carried out in the absence of urbanism certificate, are hit by nullity ---------- Alin. ((6) of art. 6 6 has been amended by section 12 12 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 9 9 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. + Article 6 ^ 1 (1) The specific measures for the protection of the environment established by the administrative act of the competent authority for environmental protection shall be taken into account in the elaboration of the technical documentation-D.T. and cannot be modified by the authorization procedure or by the building permit. (2) In the event that an investment is to be staged or to be located on land within the territorial area of several neighbouring administrative-territorial units, the assessment of environmental effects shall be carried out for the whole investment. ---------- Art. 6 ^ 1 was introduced by item 1. 10 10 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. + Article 7 (1) The building permit is issued for the execution of basic works and those related to the organization of the execution of works, no later than 30 days from the date of submission of the documentation for the authorization of the execution of construction works, which includes, in copy, the following documents: a) the urbanism certificate; b) proof, in legalized copy, of the title on the property, land and/or construction and, as the case may be, the updated cadastral plan extract up to date and the updated information land book extract, if the law does not have otherwise; ---------- Lit. b) a par. ((1) of art. 7 7 has been amended by section 4.2 13 13 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 11 11 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. c) technical documentation-D.T.; d) the opinions and agreements established by the urbanism certificate, the point of view of the competent authority for environmental protection and, where applicable, its administrative act; ---------- Lit. d) a par. ((1) of art. 7 7 has been amended by section 4.2 13 13 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 11 11 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. d ^ 1) for trans-European transport infrastructure projects, opinions/and agreements established by the urbanism certificate, the view of the competent authority for environmental protection and, where applicable, its administrative act, the opinions/agreements in principle or, where applicable, conditional favourable site notices for the relocation of transmission and distribution systems/networks of electricity, natural gas and crude oil, as well as other utility networks located on the expropriation corridor. ---------- Lit. d ^ 1) a par. ((1) of art. 7 7 was introduced by section 4.2. 1 1 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. e) repealed; ---------- Lit. e) a par. ((1) of art. 7 7 has been repealed by section 6.6. 14 14 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 11 11 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. f) proof of payment of the fees related to the urbanism certificate and the building permit. ---------- Lit. f) a par. ((1) of art. 7 7 has been amended by section 4.2 15 15 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 11 11 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ---------- Alin. ((1) of art. 7 7 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (1 ^ 1) By exception to the provisions of par. (1), for constructions representing the household annexes of agricultural holdings the deadline for issuing the building permit is 15 days from the date of registration of the application. ---------- Alin. ((1 ^ 1) of art. 7 7 has been introduced by section 3 3 of art. unique from LAW no. 101 101 of 9 May 2008 , published in MONITORUL OFFICIAL no. 371 371 of 15 May 2008. ((1 ^ 2) The documentation for the authorization of the execution of construction works shall be submitted and registered with the competent public administration authority only if the applicant presents all the documents provided in par. ((1). ---------- Alin. ((1 ^ 2) of art. 7 7 has been amended by section 16 16 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 12 12 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ((1 ^ 3) In compliance with the legislation on the impact assessment of certain public and private projects on the environment, in the event that changes occur for which it is necessary to issue a separate building permit for the organization the execution of works, it shall be issued only if the competent authority for environmental protection finds that the amendments made are within the limits of the administrative act previously issued otherwise, the competent authority for environmental protection restores the effects of basic works and those related to the organisation execution of works and issue a new administrative act. ---------- Alin. ((1 ^ 3) of art. 7 7 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (1 ^ 4) It is exempted from the provisions of par. ((1) lit. b) construction works that concern the realization, development or relocation of national transmission and distribution systems/networks of electricity, natural gas and crude oil, gas, ethane, condensate, made by the holders of licences, authorisations and oil agreements for which the licence, concession agreement or oil agreement are the documents on the basis of which the building permit is issued, with the notification and the granting of allowances, rents, compensation, as the case may be, to the owners, together with proof of the conclusion, a convention between the parties, based on the land book extract, free of charge, updated or, as the case may be, if the buildings are not entered in the land register, the title of property and the minutes of possession. ---------- Alin. ((1 ^ 4) of art. 7 7 has been introduced by section 2 2 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. (1 ^ 5) In cases where the building permit was issued on the basis of the opinions provided in par. ((1) lit. d ^ 1), the beneficiary has the obligation to submit to the issuer of the authorization to build the notices/agreements or, as the case may be, the site notices, for the removal of land from the forest fund or for the relocation of transport systems/networks and distribution of electricity, natural gas and crude oil, as well as other utility networks located on the expropriation corridor until the date of signature of the reception minutes at the end of the works. ---------- Alin. ((1 ^ 5) of art. 7 7 has been introduced by section 2 2 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. (. Technical documentation-D.T. shall be drawn up in accordance with the framework content set out in Annex no. 1, in accordance with the requirements of the urbanism certificate, with the content of the administrative act of the competent authority for the protection of the environment, of the opinions and agreements required by the urbanism certificate and shall be drawn up, signed and check, according to law. ---------- Alin. ((2) of art. 7 7 has been amended by section 13 13 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (2 ^ 1) Technical documentation-D.T. related to investments for which the competent authority for environmental protection assessed the environmental effects and issued the administrative act shall be compulsorily verified for the essential requirement of quality in construction "c) hygiene, health and environment", according to the law. ---------- Alin. (2 ^ 1) of art. 7 7 has been introduced by section 14 14 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ((2 ^ 2) If, after the issuance of the administrative act of the competent authority for environmental protection and before the submission of the documentation for the authorization of the execution of the construction works, the investment undergoes changes that did not the object of the environmental impact assessment, these will be mentioned by the certified project verifier for the essential requirement "c) hygiene, health and environment" in the verification report of the technical documentation related to the investment, and the applicant/investor has the obligation to notify the public authority for the protection of the issuing environment, regarding these changes, according to the provisions of the legislation on the assessment of the impact of certain public and private projects ---------- Alin. (2 ^ 2) of art. 7 7 has been amended by section 41 41 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. II of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the phrase "technical verifier" with the phrase "project verifier". " (2 ^ 3) Technical documentation-D.T. for thermal rehabilitation of buildings is mandatory for the essential requirement of quality in construction "f) energy saving and thermal insulation", according to the law. ---------- Alin. ((2 ^ 3) of art. 7 7 has been introduced by section 14 14 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (3) In case of submission of an incomplete technical documentation, this shall be notified in writing to the applicant, within 5 days from the date of registration, with the mention of the necessary elements in order to complete it. ---------- Alin. ((3) of art. 7 7 has been amended by section 17 17 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 14 14 ^ 1. (3 ^ 1) Individuals with attributions in the verification of documentation and the elaboration/issuance of building permits respond materially, contraventionally, civil and criminal, as the case may be, for non-compliance with the deadlines ((1) and (3). ---------- Alin. (3 ^ 1) of art. 7 7 has been introduced by section 17 17 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 14 14 ^ 2. (4) The execution of construction works can be done only on the basis of the technical project and execution details. (5) The issuing authority of the building permit shall establish a period of validity no later than 12 months from the date of issue, during which the applicant is obliged to start the works. In this situation, the validity of the authorization extends throughout the execution of the works provided for by the authorization, in accordance with the technical project. (5 ^ 1) For trans-European transport infrastructure projects, building permits, urban planning certificates, notices, agreements, as the case may be, site notices shall maintain their validity throughout the implementation of the projects, until at the completion of the execution of the works for which they were issued, respectively until the date of signature of the minutes of final reception of the works, provided that the execution of the works is started within 12 months from the date of issue of the authorization Building. ---------- Alin. (5 ^ 1) of art. 7 7 has been introduced by section 3 3 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. (5 ^ 2) Provisions of para. (5 ^ 1) does not apply if new elements are identified during the execution of works that require the resumption of the approval procedures provided by law, unknown at the date of their issuance, as well as/or changes to the conditions that stood at the basis of their issue, as appropriate. ---------- Alin. (5 ^ 2) of art. 7 7 has been introduced by section 3 3 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. (6) Not starting the works or not completing them within the established deadlines leads to the loss of the validity of the authorization, and it is necessary to issue a new building If the characteristics do not change from the original authorization, a new building permit will be issued, without the need for a new urbanism certificate. (7) By exception to the provisions of par. ((6), in the justified case in which the construction works cannot be started or cannot be fully executed at the deadline, the investor may request the issuing authority to extend the validity of the authorization at least 15 days before its expiry. The extension of the validity of the authorisation may be granted only once and for a period not exceeding 12 months. (8) The investor has the obligation to notify the issuing authority of the building permit, as well as the territorial inspectorate in construction on the date on which the authorized works will begin. Otherwise, if the finding of the act of commencement of works without notice was made within the period of validity of the authorization, the start date of the works shall be considered as the day following the date of issuance of the authorization. (9) The building permit is issued if the conditions required by this law are cumulatively met. The issuing authority of the authorization is not responsible for any subsequent damage caused by the existence, at the time of issuance of the act, of disputes pending before the courts regarding the building-land and/or construction-, responsibility of the applicant ---------- Alin. ((9) of art. 7 7 has been amended by art. unique from LAW no. 269 269 of 7 December 2011 published in MONITORUL OFFICIAL no. 870 870 of 9 December 2011. (10) The consolidation works on the buildings classified by the technical expertise report or by the justifying technical note in class I of seismic risk and presenting public danger shall be authorized as a matter of urgency, under the conditions provided in par. ((16). ---------- Alin. ((10) of art. 7 7 has been amended by section 17 17 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 14 14 ^ 3. (11) Under the conditions of this Law no provisional authorisations are issued. (12) The building/abolition authorities shall be issued only on the basis of a complete documentation in accordance with the framework content set out in Annex no. 1, except in the situations provided in par. ((16). (13) The building permit shall be signed by the chairman of the county council or by the mayor, as the case may be, by the secretary and by the chief architect or by the person with responsibility in the field of spatial planning and urban planning the authority of the issuing public administration, the responsibility of issuing the authorizations to the signatories, according to the duties established (14) The validity of the authorization shall be maintained in case of change of investor, before the completion of the works, provided that its provisions and the registration in the land register of the changes in respect of the real rights real estate. ---------- Alin. ((14) of art. 7 7 has been amended by section 15 15 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (15) If during the execution of the works and only during the period of validity of the building permit changes the theme regarding the authorized construction works, which lead to the need to modify them, the holder has the obligation to request a new building permit, according to the provisions of this law. ---------- Alin. ((15) of art. 7 7 has been amended by section 16 16 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (15 ^ 1) For obtaining a new building permit, according to the provisions of par. (15), the applicant will submit a new technical documentation-D.T., elaborated under the conditions of the changes in the theme, following the competent local public administration authority to decide, as the case may be: a) the issuance of the new building permit, if the works corresponding to the subject changes are within the limits of the administrative act of the competent authority for environmental protection, as well as the opinions and agreements obtained for the original building permit; b) the resumption of the authorization procedure under the present law, if the works corresponding to the subject changes exceed the limits of the administrative act of the competent authority for the protection of the environment, as well as obtained for the original building permit. ---------- Alin. (15 ^ 1) of art. 7 7 has been introduced by section 17 17 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ((15 ^ 2) The verification of the classification of works corresponding to the subject changes within the limits of the opinions and agreements obtained for the initial building permit is carried out by the specialized structures of the public administration authority competences, as well as the verifiers of projects certified under the law, for each essential requirement of quality in construction, with the participation of representatives of the approval institutions. ---------- Alin. (15 ^ 2) of art. 7 7 has been amended by section 18 18 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 17 17 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ((15 ^ 3) Verification of the classification of works corresponding to the subject changes within the limits of the administrative act of the competent authority for environmental protection shall be carried out by the latter according to the legislation the impact of certain public and private environmental projects. ---------- Alin. (15 ^ 3) of art. 7 7 has been introduced by section 17 17 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (16) In compliance with the legislation on the impact assessment of certain public and private projects on the environment, in the case of public danger constructions, the building permit for the execution of intervention works in the first urgency, which mainly consists in the support of damaged structural/non-structural elements, partial demolitions and consolidations to the resistance structure, mandatory in cases of damage, technical accidents, calamities or other events with exceptional character, shall be issued immediately by the public administration authority competencies according to this law, following that the technical-economic documentation corresponding to each design phase-technical expertise, feasibility study/endorsement documentation, technical documentation D.T., technical project-P.T., details of execution D.E. -be drawn up and approved during or at the end of the execution of the works, in compliance with the opinions and agreements, as well as, where appropriate, the administrative act of the competent authority for environmental protection. ---------- Alin. ((16) of art. 7 7 has been amended by section 19 19 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 18 18 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (16 ^ 1) Provisions of para. (16) shall also apply accordingly to the constructions referred to in art. 3 3 para. ((1) lit. b) which presents a public danger. ---------- Alin. ((16 ^ 1) of art. 7 7 has been introduced by section 20 20 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 18 18 ^ 1. (16 ^ 2) For trans-European transport infrastructure projects, building permits can be issued on the basis of the documents provided in par. ((1) and of the principle opinions for the final removal from the national forest fund. ---------- Alin. ((16 ^ 2) of art. 7 7 has been introduced by section 4 4 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. (17) Mayoralties may decommission the construction, property of the administrative-territorial unit, in advanced state of degradation and endangering public safety, with the exception of historical monument constructions, on the basis of authorization of abolition issued under the conditions of par. ((16), with the obligation to draw up specific documentation in accordance with the provisions of Annex no. 1. (18) The fee for issuing the building permit is calculated according to the law. (19) The fee for extending the validity of the building permit shall be calculated at 30% of the initial value of the authorization fee. (20) Institutions/Economic operators empowered/empowered by law to issue the opinions/agreements provided in art. 5 5 para. (1) have the following obligations: a) establish the framework content of the specific documentation necessary for the issuance of opinions/agreements, as well as the list of other necessary specific documents and conditions, which they make available to the public and public administration authorities skills on its website and display at the premises; b) issue the notices/agreements, within a maximum of 15 days from the date of registration of the complete specific application/documentation, under the sanction of the application of the legal provisions on tacit approval, without other prior procedures. c) for trans-European transport infrastructure projects, to issue the notices/agreements of principle for the removal of land from the forest fund or, as the case may be, favourable site notices conditional on relocation transmission and distribution systems/networks of electricity, natural gas and crude oil, as well as other utility networks located on the expropriation corridor, within 10 days from the date of submission of the request to the authority issue on the basis of the investment objective's site plan, and the technical memo, which will Necessarily include the positioning of utility networks or land affected by the removal from the forest fund. ---------- Lit. c) a par. ((20) of art. 7 7 was introduced by section 4.2. 5 5 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. ---------- Alin. ((20) of art. 7 7 has been amended by section 20 20 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 18 18 ^ 2. (20 ^ 1) Provisions of para. ((20) lit. b) are not applicable to the acts of authority issued by the competent authorities for the protection of the competent environment, namely the point of view and their administrative act, which are issued according to the legislation on the assessment public and private projects on the environment. ---------- Alin. ((20 ^ 1) of art. 7 7 has been introduced by section 20 20 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 18 18 ^ 3. (21) The building permit and its annexes shall be of a public nature and shall be made available to the public for information on their website of the authority of the issuing public administration or by display at its premises, as the case may be. ---------- Alin. ((21) of art. 7 7 has been amended by section 21 21 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 19 19 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (22) In application of the provisions of (21), the authorities provided for in art. 4 have the obligation to comply with the restrictions imposed by the legislation in force in relation to commercial and industrial secrecy, intellectual property, protection of the public and private interest, and without prejudice to the guarantee and protection of the fundamental rights and freedoms of individuals with regard to the right to intimate, family and private life, according to the law. ---------- Alin. ((22) of art. 7 7 has been introduced by section 19 19 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (23) The authorities provided in art. 4 make public the issuance of the building permit or, as the case may be, the act of rejection of the application for the authorization of the execution of the construction works and make available to a) the content of the building permit and related annexes, which include all the conditions necessary to be met by the applicants, or, as the case may be, the content of the act rejecting the application for the authorization of the execution of b) the main reasons and considerations on which the issuance of the building permit or, as the case may be, the act of rejecting the application for the authorization of the execution of construction works, as a result of the examination of the comments expressed by the public, including information on the conduct of the public consultation process; c) description, as appropriate, of the main measures to avoid, reduce and, if possible, compensate for major negative effects, according to the administrative act issued by the competent authority for environmental protection. ---------- Alin. ((23) of art. 7 7 has been introduced by section 19 19 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (24) The construction authorization for the construction of a new public road or the substantial modification of an existing public road, contained in the road network, will not be issued when the respective infrastructure projects do not contain the reports road safety audit or impact assessment on road safety, as appropriate, carried out in accordance with the provisions Law no. 265/2008 on the management of traffic safety on road infrastructure, with subsequent amendments and completions. ---------- Alin. ((24) of art. 7 7 has been introduced by section 38 38 of art. I of LAW no. 125 125 of 12 July 2012 , published in MONITORUL OFFICIAL no. 486 486 of 16 July 2012, which introduces art. I ^ 1 of ORDINANCE no. 6 6 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. (25) At the request of the beneficiary of the trans-European transport infrastructure project, building permits, sections, sectors or works objects may be issued, subject to the submission of complete technical documentation accompanied by the point of view of the competent authority for the protection of the environment/its administrative act, the opinions/agreements provided for by the urbanism certificate or the approvals/agreements of principle/related favourable location opinions, where appropriate. ---------- Alin. (25) of art. 7 7 has been introduced by section 6 6 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. + Article 7 ^ 1 (1) In order to issue the urbanism certificate, as well as the building permit for the execution of construction works necessary to carry out the geological exploration/prospecting and natural gas exploitation operations, at Application of licence holders/permits/authorizations: a) by exception to the provisions of art. 6 6 para. ((4) and art. 7 7 para. ((1) lit. b), the lands contained within the perimeter of exploration/prospecting/exploitation, which are not entered in the cadastre and land registry records, can be identified by the number of tarla and plot, by title of property and minutes of implementation possession, as well as by any other means of identification provided by law; b) by exception to the provisions of art. 7 7 para. ((1) lit. b), the rental contracts concluded, under the law, by the holders of licenses/permits/authorizations with the owners of the land from the exploitation perimeters constitute titles for the issuance of the building permit, if the respective contracts explicitly include the consent of the owners for the execution of construction works on these (2) Upon termination of rental contracts, holders of licenses/permits/authorizations provided in par. ((1) lit. b) have the obligation to reinstate in the previous state of the land that were the subject of these contracts, if the parties did not agree otherwise ---------- Article 7 ^ 1 has been introduced by item 1. 1 1 of art. I of EMERGENCY ORDINANCE no. 22 22 of 6 May 2014 , published in MONITORUL OFFICIAL no. 353 353 of 14 May 2014. + Article 8 ((1) Demolation, decommissioning or dismantling, partial or total dismantling of constructions and installations related to construction, installations and technological machinery, including building blocks supporting them, closing of quarries and surface and underground exploitation, as well as any arrangements shall be made only on the basis of the abolition authorization obtained in advance from the authorities provided for in art. 4. (2) The authorization to abolish shall be issued under the same conditions as the building permit, in accordance with the provisions of the urban plans and their regulations, according to the law, with the exceptions provided in art. 11. (3) By exemption from the provisions of art. 2 2 para. (2 ^ 1), for the issuance of the authorization to abolish works/constructions it is not necessary to issue the point of view of the competent authority for the protection of the environment or its administrative act. ---------- Alin. ((3) of art. 8 8 has been introduced by section 22 22 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 19 19 ^ 1. + Article 9 (1) Technical documentation-D.T. and technical projects shall be developed by specialized technical teams, shall be appropriated and signed by technical staff with superior training only in the field of architecture, urbanism, constructions and installations for construction, as follows: ---------- The introductory part of para. ((1) of art. 9 9 has been amended by section 4.2 23 23 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 20 20 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. a) by architect with a diploma recognized by the Romanian state, for the design of the architectural part for investment objectives included in all categories of importance of above-ground and underground constructions; b) of construction and installation engineers, with the diploma recognized by the Romanian state, for the engineering parts in the specific fields, for investment objectives contained in all categories of importance of above-ground and underground constructions, as well as their related installations; c) of conductor architect, urban planner and/or construction subengineer, with diploma recognized by the Romanian state, for buildings of small importance and outside protected areas, established according to the law. (2) Provisions of para. ((1) shall also apply to the execution documentation. (3) The signing of the documentation by the persons referred to in par. (1) employ their liability under the law. + Article 10 For the authorization of the execution of construction works in the areas on which it was established, according to the law, a certain protection regime provided for in the planning plans of the territory and in the approved urban planning documentation, it will be done as follows: a) in protected built areas, in areas of protection of historical monuments, defined according to the law, and in architectural ensembles and archaeological sites, the applicant will obtain the assent of the Ministry of Culture and Religious Affairs, on the basis of urbanism documentations approved and approved according to the law; ---------- Lit. a) of art. 10 10 has been amended by section 4.2 3 3 of art. I of LAW no. 52 52 of 8 March 2006 , published in MONITORUL OFFICIAL no. 238 238 of 16 March 2006. b) in the case of interventions on constructions historical monuments, in addition to the opinion of the Ministry of Culture and Religious Affairs, the opinions specific to the quality requirements of constructions will be obtained, according to the legal provisions c) repealed; ---------- Lit. c) of art. 10 10 has been repealed by section 6.6. 21 21 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. d) in the areas of safety and protection of public interest transport infrastructures, as well as in the areas related to the construction of the communication routes, established by the spatial planning and/or urban planning documentation, will also be obtained Authorization of the Ministry of Transport, Construction and Tourism, according to legal provisions d ^ 1) in the perimeters bordering constructions representing the household annexes of agricultural holdings, delimited by urban plans in compliance with the distances provided by the sanitary norms in force, in which a regime of restriction on the location of residential buildings and socio-economic objectives, the applicant will obtain the opinion of the department for agriculture and county rural development, respectively of the city of Bucharest. ---------- Lit. d ^ 1) of art. 10 10 was introduced by section 4.2. 4 4 of art. unique from LAW no. 101 101 of 9 May 2008 , published in MONITORUL OFFICIAL no. 371 371 of 15 May 2008. e) in the areas where another type of restriction has been established the applicant will obtain the opinion of the competent bodies. + Article 11 (1) The following works which do not change the structure of resistance and/or the architectural aspect of the constructions may be carried out without a building permit: ---------- The introductory part of para. ((1) of art. 11 11 has been amended by section 4.2 22 22 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. a) repairs to fencing, roofs, coverings or terraces, when their shape does not change and the materials from which they are executed; b) repair and replacement of interior and exterior carpentry, if the shape, dimensions of the gaps and joinery are preserved, including where the materials from which those works are made are changed, with the exception of buildings declared historical monuments, under the law; ---------- Lit. b) a par. ((1) of art. 11 11 has been amended by art. unique from LAW no. 117 117 of 2 May 2007 , published in MONITORUL OFFICIAL no. 303 303 of 7 May 2007. c) repairs and replacements of warmed stoves; d) interior painters and painters; e) exterior painters and painters, if the façade elements and the colors of the buildings do not change; f) repairs to the interior installations, to the connections and external connections, of any kind, related to the constructions, within the limits of the property, the installation of local heating and domestic hot water preparation systems with approved boilers, such as and the installation of individual air conditioners and/or utility consumption metering; g) repairs and replacements to the floors; h) repair works, replacements or rehabilitation without modification of the quality and architectural form of the facade elements, if these works do not perform at the constructions provided in art. 3 3 para. ((1) lit. b), as follows: 1. interior and exterior finishes-plasters, plywood, the like; 2. sidewalks, retaining walls or access stairs; 3. energy rehabilitation works of the tire and/or roof-if its constructive system does not change, namely terrace/roof-to individual living buildings with no more than 3 levels, which are not historical monuments classified or in the course of ranking, respectively located outside the areas of protection of monuments and/or protected built areas established according to the law; ---------- Lit. h) a par. ((1) of art. 11 11 has been amended by section 4.2 24 24 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 22 22 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. i) maintenance work on the communication routes and related installations; j) investigation, research, expertise, conservation and restoration works of the artistic components of the constructions provided in art. 3 lit. b), with the opinion of the Ministry of Culture and Religious Affairs and of the county or local public administration authority, as appropriate; k) works of drilling and geotechnical surveys for constructions of normal or low importance, located outside the protection zones established for aquifer deposits; l) underground and above-ground funeral works, with the opinion of the cemetery administration. m) non-structural provisional subdivision works. ---------- Lit. m) a par. ((1) of art. 11 11 was introduced by section 4.2. 25 25 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 22 22 ^ 1. (2) They can be executed without a building permit and works for the location of tonettes, covered or closed desks, intended for the diffusion and marketing of press, books and flowers, which are located directly on the ground, without foundations and platforms, as well as without connections and/or connections to urban utilities, except for electricity. (3) If the works provided in par. ((1), except as provided in lett. e) and j), shall be executed at the constructions referred to in art. 3 lit. b), it is mandatory to issue the building permit. + Article 12 (1) The authorities of construction or abolition, issued in violation of the legal provisions, may be annulled by the administrative courts, according to the law. The cancellation of the building or abolition permits can be requested, under the law, and by the prefect, including the express complaint of the control bodies of the State Inspectorate in Construction. (2) A date with the introduction of the action can be requested by the court to suspend the authorization to build or abolish and stop the execution of the works, until the case is resolved ---------- Alin. ((2) of art. 12 12 has been amended by section 9 9 of art. unique from LAW no. 119 119 of 5 May 2005 , published in MONITORUL OFFICIAL no. 412 412 of 16 May 2005, which supplements art. unique of EMERGENCY ORDINANCE no. 122 122 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.152 1.152 of 6 December 2004, with point 4. + Chapter II Concession of land for construction + Article 13 (1) Land belonging to the private domain of the state or administrative-territorial units, intended for construction, may be sold, leased or rented by public auction, according to the law, under the conditions of compliance with the provisions urban planning and landscaping documentations, approved according to the law, in order to carry out the construction. (2) Land belonging to the public domain of the state or administrative-territorial units can be designed only in order to carry out constructions or objectives for use and/or of public interest, in compliance with urban planning documentation approved by law. (3) The concession shall be made on the basis of tenders submitted by the applicants, in compliance with the legal provisions, following the superior valorization of the potential of the land + Article 14 Until the legal situation is regulated by law, the free land of construction, under the administration of local councils and which can be claimed by former owners, cannot be subject to the concession. + Article 15 By exception to the provisions of art. 13 13 para. ((1), land for construction may be awarded without public auction, with the payment of the royalty fee established according to the law, or may be put into use on a limited term, as the case may be, in the following situations: a) for the achievement of objectives of public utility or of benefit, with a social character, non-profit, other than those that are carried out by local authorities on their land; b) for the realization of housing by the National Housing Agency, according to the law; c) for the realization of housing for young people until reaching the age of 35; d) for the displacement of households affected by disasters, according to the law; e) for the extension of constructions on adjacent lands, at the request of the owner or with his consent f) for works of protection or enhancement of historical monuments defined according to the law, with the assent of the Ministry of Culture and Religious Affairs, based on urban planning documentation approved according to the law. ---------- Lit. f) of art. 15 15 has been amended by section 4.2 4 4 of art. I of LAW no. 52 52 of 8 March 2006 , published in MONITORUL OFFICIAL no. 238 238 of 16 March 2006. + Article 16 (1) The land referred to in art. 13, which are the subject of the tender, shall be made public by the mayors of the administrative-territorial units where they are located, through a publication displayed at their headquarters and printed in at least two newspapers of wide circulation, with a minimum of 20 days before the auction date. (2) The publications on the auction shall include the date and place of the auction, the area and the destination of the land, established by the urban planning documentation, as well as the annual minimum royalty fee. (3) The applicants ' offer will be accompanied by a pre-feasibility or feasibility study, as the case may be, necessarily comprising the technical elements necessary for the characterization of the functionality and the capacity of the construction, the occupancy of the land, as well as the other elements contained in the urbanism certificate. Only offers that correspond to the provisions of urban planning documentation, approved according to the law, will be accepted. ((4) The auction shall be carried out, under the law, by the commissions established for this purpose, by decision of the local and/or county councils, respectively of the General Council of the Municipality of Bucharest, in accordance with the authorization powers established to art. 4. The commissions operate at the headquarters of the local councils in whose administrative-territorial area the lands are located. + Article 17 The minimum limit of the concession price is determined, as the case may be, by the decision of the county council, the General Council of Bucharest Municipality or the local council, so as to ensure the recovery in 25 years of the sale price of the land, under market conditions, plus the cost of the related infrastructure works. + Article 18 The land provided in art. 13, which is designed for the realization of dwellings and built spaces associated with them, depending on the provisions of the local urban planning regulations, approved according to the law, will have the following areas: a) in urban areas: 1. up to 450 sqm for an apartment in a building with ground floor or ground floor and floor; 2. up to 300 sqm for an apartment in a building with ground floor and floor, with two apartments; 3. up to 250 sqm for an apartment, in the case of buildings with ground floor and several floors, having no more than 6 apartments; 4. for buildings with more than 6 apartments, the land area will be established according to urban planning documentation; b) in rural localities, up to 1,000 sqm for a home. + Article 19 For the realization of a holiday home you can lease a land in the area of up to 250 sqm. + Article 20 Against the auction, until the time of the adjudication, it will be possible to appeal, by any interested person, to the court in whose territorial area the tender takes place. The appeal suspends the conduct of the tender until its final settlement + Article 21 Based on the minutes of adjudication of the tender or the decision of the local council, respectively of the General Council of Bucharest, for the situations provided in art. 15, the concession act will be concluded, which will be registered by the concessionaire in the real estate advertising records, within 10 days from the date of the adjudication or issuance of the decision. + Article 22 (1) Land concession provided in art. 13-19 is made in accordance with the provisions of the law, its duration being established by the local councils, the county councils, respectively by the General Council of Bucharest, depending on the provisions of the urban planning and nature of construction (2) Prior to the concession the land shall be entered in the land register. ---------- Article 22 has been amended by section 23 23 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. + Article 23 (1) The intravilane of the localities is established by the general plans for urbanism-PUG-, approved according to the law. (2) After the approval of the General Plan of Urbanism-PUG-can be introduced into the intravilan of the localities and some land from extravilan, only under conditions thoroughly founded on the basis of zonal urban plans-PUZ-, approved according to the law. (3) The land for construction, highlighted in the intravilan, shall be removed from the agricultural circuit, definitively, by the building permit. If the owner of the land wishes to remove from the agricultural circuit only part of the land owned, for the performance of this procedure, the building permit will be accompanied by the cadastral technical documentation. ---------- Alin. ((3) of art. 23 23 has been amended by art. IV of LAW no. 133 133 of 18 July 2012 , published in MONITORUL OFFICIAL no. 506 506 of 24 July 2012. + Chapter III Liabilities and penalties + Article 24 They constitute crimes and are punishable by imprisonment from 3 months to one year or with a fine the following facts: a) execution without authorization to build or abolish or with non-compliance with its provisions of the works provided in art. 3 3 para. ((1) lit. b), c), e) and g), with the exceptions provided by law; b) continuation of the execution of works after the disposition of their stop by the competent control bodies, according to the law; c) preparation or signing of technical documentation-D.T. necessary for the authorization of the execution of construction works, as well as of technical projects and execution documentation, for specialties other than those certified by diploma university, under the conditions provided in art. 9. ---------- Article 24 has been amended by section 4.2. 1 1 of art. 36 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 24 ^ 1 (1) The court, by the decision by which it resolves the merits of the case, may order the classification of the works in the provisions of the authorization or the abolition of constructions (2) The prosecutor or the court may order, ex officio or upon request, the temporary halt of the execution of the works, throughout the criminal proceedings. ---------- Art. 24 ^ 1 was introduced by item 1. 1 1 of art. 28 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 25 Repealed. ---------- Article 25 was repealed by point (a). 2 2 of art. 36 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 26 (1) It constitutes the following facts, if not committed under such conditions that, according to the law, to be considered crimes: a) the execution or abolition, total or partial, without authorization of the works provided for in art. 3 3, except those mentioned in lett. b), c), e) and g), by the investor and the executor; ---------- Lit. a) a par. ((1) of art. 26 26 has been amended by section 4.2 3 3 of art. 36 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. b) execution or abolition, with non-compliance with the provisions of the authorization and of the technical project, of the works provided 3 3, except those referred to in lett. b), c), e) and g), as well as the continuation of the execution of authorized works without the request of a new building permit in the situations provided for in 7 7 para. (15), by the investor and the executor; ---------- Lit. b) a par. ((1) of art. 26 26 has been amended by section 4.2 3 3 of art. 36 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. c) approval of the supply of urban utilities, as a result of the execution of works of connections and connections to networks for unauthorized new constructions; d) maintenance after the expiry of the term provided for by authorization or after the completion of authorized works or adaptation for other purposes than those provided for in the authorization of constructions, works and temporary furnishings; e) failure to bring the land to the original state by the investor, after the end of the works provided 3 lit. c), as well as the non-realization of cleaning works, arrangement or release, as the case may be, of the site and/or adjacent land temporarily occupied during the execution, with the conclusion of the basic works; e ^ 1) failure to comply with the obligation to reinstate in the previous state of the land that were the subject of rental contracts by the holders of licenses/permits/authorizations, provided in art. 71 71 para. ((1) lit. b), when they are abolished; ---------- Lit. e ^ 1) a par. ((1) of art. 26 26 was introduced by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 22 22 of 6 May 2014 , published in MONITORUL OFFICIAL no. 353 353 of 14 May 2014. f) preventing or evading control, by prohibiting the access of the competent control bodies or by not submitting the documents and the requested documents; g) failure to announce the date of start of authorized construction works, in accordance with the provisions of 7 7 para. ((8); ---------- Lit. g) a par. ((1) of art. 26 26 has been amended by section 4.2 27 27 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 25 25 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. h) non-issuance of urban planning certificates within the period provided in art. 6 6 para. ((2), as well as the issuance of incomplete urbanism certificates or with erroneous data, which do not contain the list containing the necessary legal notices and agreements in relation to the investment objective, or their issuance an urban planning documentation or any technical documentation defining the purpose of the request, with exceeding the legal deadline, or unjustified refusal or conditioning the provision of public interest information provided in art. 6 6 para. ((1); ---------- Lit. h) a par. ((1) of art. 26 26 has been amended by section 4.2 27 27 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 25 25 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. h ^ 1) non-issuance of building permits within the period provided for in art. 7 7 para. ((1); ---------- Lit. h ^ 1) a par. ((1) of art. 26 26 was introduced by section 4.2. 28 28 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 25 25 ^ 1. i) issuance of building/abolition permits: -in the absence of a real right on the property, which confers the right to request the building/abolition authorization; -in absentia or with non-compliance with the provisions of urban planning documentation, approved according to -on the basis of incomplete or elaborated documentation in inconsistency with the provisions of the urbanism certificate, of the Civil Code, of the framework content of the technical documentation-D.T. for the authorization of the execution of construction works, which is not contain the necessary legal notices and agreements or which are not verified according to the law; ---------- Third indent of the letter. i) a par. ((1) of art. 26 26 has been amended by art. II of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the term "Project" of the phrase "Project for the authorization of the execution of construction works" with the term "Technical Documentation-D.T.". -in the absence of technical expertise on the safety of the whole construction, in the case of consolidation works; -on the basis of documents other than those required by this law; j) non-organization and non-exercise of control on discipline in the authorization and execution of construction works by the competent compartments within the own apparatus of the county councils and of the mayoralties, in their units administrative-territorial, according to art. 27 27 para. (3) and (4), as well as the non-prosecution of the manner of fulfillment of those ordered by the State Inspectorate in Construction, according to the provisions of 29 29 para. ((3); k) failure, at the established deadline, of the measures ordered by the State Inspectorate in Constructions to the previous control; l) unjustified refusal or obstruction in any form of access of natural persons or representatives of legal entities to the documents provided in art. 34 34 para. ((7); m) repealed. ---------- Lit. m) a par. ((1) of art. 26 26 has been repealed by section 6.6. 26 26 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. n) failure to make reception at the end of construction works under the provisions of art. 37 37 para. ((2). ---------- Lit. n) a par. ((1) of art. 26 26 was introduced by section 4.2. 4 4 of art. I of LAW no. 53 53 of 30 March 2016 published in MONITORUL OFFICIAL no. 245 245 of 1 April 2016. (2) Contraventions provided in par. (1), committed by natural or legal persons, shall be sanctioned with a fine as follows: -from 1,000 lei to 100,000 lei, those provided in lett. a); -from 3,000 lei to 10,000 lei, those provided in lett. f); -of 10,000 lei, those provided in lett. c); -from 3,000 lei to 10,000 lei, those provided in lett. b), d), e) and e ^ 1); ---------- Fourth indent of par. ((2) of art. 26 26 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 22 22 of 6 May 2014 , published in MONITORUL OFFICIAL no. 353 353 of 14 May 2014. -from 5,000 lei to 30,000 lei, those provided in lett. h), h ^ 1) and i); -from 1,000 lei to 5,000 lei, those provided in lett. j) and k); -of 2,000 lei, those provided in lett. l) and n); ---------- Seventh indent of paragraph 1 ((2) of art. 26 26 has been amended by section 4.2 5 5 of art. I of LAW no. 53 53 of 30 March 2016 published in MONITORUL OFFICIAL no. 245 245 of 1 April 2016. -of 1,000 lei, those provided in lett. g). ---------- Alin. ((2) of art. 26 26 has been amended by section 29 29 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 26 26 ^ 1. (3) The amount of fines shall be updated annually by Government decision. (4) The penalty of fine may also be applied to the representative of the legal person. (5) Sanction of the fine for the facts provided in par. ((1) lit. h) and i) apply to public officials responsible for verifying the documentation underlying the issuance of urban planning certificates and building or abolition permits, as well as signatories, according to the established duties according to law (6) Under the conditions of this law, the sanction sanction shall not apply. ---------- Alin. ((6) of art. 26 26 has been introduced by section 27 27 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. + Article 27 (1) The chairpersons of the county councils, the mayors and the control bodies of the local and county public administration authorities have the obligation to follow the discipline in the field of authorizing the execution of construction works in the framework of their administrative-territorial units and, depending on the violation of the legal provisions, to apply sanctions or to address the courts and criminal prosecution bodies, as the case may be. ---------- Alin. ((1) of art. 27 27 has been amended by section 2 2 of art. unique from LAW no. 376 376 of 5 October 2006 , published in MONITORUL OFFICIAL no. 846 846 of 13 October 2006. (1 ^ 1) In addition to the authorities provided in par. (1), for the works related to the transport infrastructure of national interest, the designated control bodies of the Ministry of Transport have the obligation to follow the discipline in the field of authorization of execution of works in construction and, depending on the violation of legal provisions, to apply sanctions or to address the courts and prosecution bodies, as the case may be. ---------- Alin. ((1 ^ 1) of art. 27 27 has been introduced by section 7 7 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. (2) The chief architect of the county and the authorized personnel of the specialized department subordinated to it shall pursue compliance with the discipline in the field of authorization of the execution of construction works on the administrative territory of the county, as well as compliance with the discipline in urbanism and spatial planning related to the construction authorization process. (3) Contraventions provided in art. 26 26 para. ((1), with the exception of lit. h), h ^ 1), i)-k), it is found and sanctioned by the specialized departments with control powers of the local public administration authorities of the counties, municipalities, sectors of Bucharest, cities and communes, for the acts committed in their administrative-territorial unit or, as the case may be, in the administrative territory of the sectors of Bucharest, according to the powers of issuance of building/abolition permits. ---------- Alin. ((3) of art. 27 27 has been amended by section 6 6 of art. I of LAW no. 53 53 of 30 March 2016 published in MONITORUL OFFICIAL no. 245 245 of 1 April 2016. (3 ^ 1) In addition to the authorities provided in par. (3), for the works related to the transport infrastructure of national interest, authorized by the Ministry of Transport, the contraventions provided in art. 26 26 para. ((1), with the exception of lit. c), d), h)-l), is also found to be sanctioned by the designated control bodies of the Ministry of Transport. ---------- Alin. (3 ^ 1) of art. 27 27 has been introduced by section 8 8 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. (4) Contraventions provided in art. 26 26 para. ((1) lit. h), h ^ 1), i)-k) is found and sanctioned only by the control bodies of the State Inspectorate in Construction. ---------- Alin. ((4) of art. 27 27 has been amended by section 6 6 of art. I of LAW no. 53 53 of 30 March 2016 published in MONITORUL OFFICIAL no. 245 245 of 1 April 2016. (5) The minutes of finding the contraventions, concluded by the control bodies of the local public administration, shall be submitted, in order to apply the sanction, to the head of the compartment coordinating the activity of spatial planning and of urbanism or, as the case may be, the president of the county council or the mayor of the administrative-territorial unit or of the sector of Bucharest in whose radius the contravention was committed. ---------- Alin. ((5) of art. 27 27 has been amended by section 2 2 of art. unique from LAW no. 376 376 of 5 October 2006 , published in MONITORUL OFFICIAL no. 846 846 of 13 October 2006. ((6) Abrogat. ---------- Alin. ((6) of art. 27 27 has been repealed by section 6.6. 29 29 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. + Article 28 (1) 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 works, as well as, as the case may be, to take measures to frame them in the provisions of the authorization or to abolish works executed without authorization or with non-compliance with the deadline set out in the minutes of finding the contravention. (2) The decision to maintain or abolish the constructions made without a building permit or with non-compliance with its provisions will be taken by the competent public administration authority, based on urban plans and the related regulations, approved and approved under the law, or, as the case may be, by the court. For works that are carried out at the buildings provided in art. 3 lit. b) the opinion of the Ministry of Culture and Religious Affairs is required (2 ^ 1) For the works related to the transport infrastructure of national interest, the decision to maintain or abolish the constructions made without a building permit or with non-compliance with its provisions will be taken by the Ministry Transport on the basis of technical expertise prepared under the law or, as the case may be, by the court. ---------- Alin. (2 ^ 1) of art. 28 28 has been introduced by section 9 9 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. ((2 ^ 2) In order to substantiate the decision regarding the maintenance or abolition of constructions executed without a building permit or with non-compliance with its provisions, the results of the technical expertise shall be submitted to the Council Technical-economic of the Ministry of Transport for the analysis of the conformity of the works carried out with the technical execution project elaborated according to the law and in compliance with the conditions of the environmental agreement or issued in compliance with environmental protection legislation. The decision of the maintenance/abolition of the constructions is approved by order of the Minister of Transport and is the basis for the issuance of building/abolition permits. ---------- Alin. (2 ^ 2) of art. 28 28 has been introduced by section 9 9 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. (3) The measure of abolition of constructions shall also apply if, upon the expiry of the term of entry into law established in the minutes of finding the contravention, the offender did not obtain the necessary authorization. + Article 29 (1) State control in territorial planning, urbanism and authorization of execution of construction works shall be carried out by the State Inspectorate of Construction, on the entire territory of the country, and by its territorial inspectorates, which have the measures and sanctions provided for by this Law (2) The State Inspectorate of Construction and territorial inspectorates may order a halt to the execution of construction or dissolution works, as the case may be, when they find that they are carried out in violation of the legal provisions, of the requirements on quality assurance in construction, without technical project or on the basis of illegal permits issued. (3) The State Inspectorate of Construction and territorial inspectorates shall inform the authority of the public administration on whose territory the control and the Ministry of Transport was carried out, as the case may be, on the findings and measures ordered. In this situation, the control bodies of the county, local or Ministry of Transport councils, as the case may be, have the obligation to follow the compliance mode regarding those ordered by the State Inspectorate in Construction. ---------- Alin. ((3) of art. 29 29 has been amended by section 10 10 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. + Article 30 ((1) The expenses for the control of the state in the planning of the territory, urbanism and the authorization of the execution of the construction works shall be borne by the investors, in value equivalent to a share of 0,1% of the authorized of those provided in art. 3 lit. b) and places of worship. ((2) The transfer of the amounts established according to the provisions (1) shall be made on the account of the territorial inspectorates in constructions, county, respectively of the city of Bucharest, as the case may be, with the transmission of the notice on the date of start of the works, as provided 7 7 para. ((8). Delay in payment of the quota provided in par. ((1) shall be penalised by 0,15% per day of delay, without exceeding the amount due. The availability at the end of the year of the extra-budgetary income shall be carried over to the following year and shall have the same destination ((3) The share established in par. ((1) shall also apply to differences resulting from the updating of the value of authorized works, which shall be made with the reception at the end of + Article 30 ^ 1 Repealed. ---------- Article 30 ^ 1 has been repealed by point (a). 31 31 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 30 30 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. + Article 31 The right to find the contraventions and to apply the fines provided for in art. 26 is prescribed within 3 years from the date of the act. ---------- Article 31 has been amended by art. I of LAW no. 82 82 of 24 June 2014 , published in MONITORUL OFFICIAL no. 469 469 of 26 June 2014. + Article 32 (1) If the persons sanctioned contraventionally stopped the execution of the works, but did not comply within those ordered by the minutes of finding the contravention, according to the provisions of art. 28 28 para. (1), the body that applied the sanction will refer the matter to the courts to order, as the case may be: a) the classification of works in the authorization; b) abolition of unlawfully realized constructions. (2) In the case of admission of the application, the court will set the deadlines for the execution of the measures provided in ((1). (3) In case of non-compliance with the established deadlines, the measures ordered by the court, in accordance with the provisions of para. (2), will be carried out through the care of the mayor, with the support of the police bodies, the expenses to be borne by the guilty persons. (4) In the situations provided in art. 24, the control bodies will be able to ask the judicial bodies to order the measures mentioned in paragraph ((1). The competent control bodies, according to the law, can ask the notified prosecution bodies and, as the case may be, the court to order the temporary halt of the execution of the works, throughout the criminal proceedings. ---------- Alin. ((4) of art. 32 32 has been amended by section 2 2 of art. 28 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (5) Persons who have benefited from the subsidy for the construction of a dwelling and for which the measure provided in par. ((1) lit. b) will refund the subsidies received, with the payment of legal interest for the period in which they used them. + Article 33 (1) By exception to the provisions of art. 32, constructions executed without a building permit on land belonging to the public or private domain of the state, as well as constructions, works and temporary arrangements executed on land belonging to the public domain or private of counties, municipalities, cities and communes will be able to be abolished administratively by the authority of the public administration within the administrative-territorial unit where the construction is located, without issuing an authorization abolition, without the complaint of the courts and at the expense the offender. ---------- Alin. ((1) of art. 33 33 has been amended by section 32 32 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 30 30 ^ 1. (2) The procedure provided in par. ((1) may be triggered ex officio by the authority of the public administration within the administrative-territorial unit where the construction or at the request of the owner or the legal administrator of the land belonging to the public domain private state. ((3) In case of non-fulfilment by the competent public administration authority of the abolition procedure, within 15 calendar days from the date of the request provided in par. (2), the owner or legal administrator of the land belonging to the public or private domain of the state will be able to proceed immediately to the abolition of constructions executed without a building permit (4) By exception to the provisions of art. 32, constructions executed without a permit to build on land belonging to the public or private domain of the counties, cities or communes will be able to be abolished administratively by the authority of the competent public administration, without the complaint of the courts and at the expense of the offender. (5) For the realization of the provisions (1) the competent public authorities may contract these services with commercial companies specialized in such works, under the law. ---------- Article 33 has been amended by section 6.6. 4 4 of art. unique from LAW no. 376 376 of 5 October 2006 , published in MONITORUL OFFICIAL no. 846 846 of 13 October 2006. + Article 34 (1) Field studies and documentation elaborated for the realization of investments of any kind, of infrastructure elements, of communal household, as well as of landscaping and urban planning works-studies and projects Systematization elaborated before 1990 at the command of the former folk councils or other state institutions-are and remain public property of the county or municipalities, respectively of the city of Bucharest. ---------- Alin. ((1) of art. 34 34 has been amended by section 32 32 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 30 30 ^ 2. (2) Within the meaning of this law, through the studies and documentation referred to in par. (1) means the control copy composed of the written pieces: the design theme, the general memoirs and the specialties, the calculation breviation, the opinions and the agreements obtained, as well as the drawn pieces. ((3) Archives including the studies and documentation referred to in par. (1), entered, at the establishment, in the patrimony of the companies established on the structure of the former county design units and in Bucharest, shall be managed, according to the law, by the county councils or by the mayoralties Municipalities, respectively by the Bucharest City Hall. ---------- Alin. ((3) of art. 34 34 has been amended by section 32 32 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 30 30 ^ 2. (4) The inventory of archives shall be made by commissions constituted for this purpose by decisions of the county, municipal and General Council of Bucharest. ---------- Alin. ((4) of art. 34 34 has been amended by section 32 32 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 30 30 ^ 2. (5) The refusal of inventory and/or teaching of studies and documentation shall be sanctioned according to the provisions National Archives Law no. 16/1996 ,, as amended. (6) In case of refusal of archival teaching, county, municipal councils and/or Bucharest City Hall, as the case may be, will address within 90 days the courts, which will settle applications in the emergency procedure, according to Law. The court action is exempt from stamp duty. ---------- Alin. ((6) of art. 34 34 has been amended by section 32 32 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 30 30 ^ 2. (7) Access of natural persons or representatives of legal entities to archives containing the documentation provided in par. (1), as well as to the urban planning documentation elaborated subsequently to them and managed by the local public administrations, in order to draw up the technical documentation, is unhindered and is established by decision of the county council, municipal, respectively of the General Council of Bucharest Municipality. ---------- Alin. ((7) of art. 34 34 has been amended by section 32 32 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 30 30 ^ 2. + Article 35 (1) Under the conditions of this law, the description of the deed constituting the contravention shall be made with the indication of the place, date and time of the finding, in accordance with 31. (2) Against the minutes of finding and sanctioning the contravention you can complain within 15 days from the date of delivery or communication thereof. The complaint suspends the execution of the penalty of the fine, but does not suspend the measure to stop the execution of works, ordered once with the application of the contravention sanction under 28 28 para. ((1) and of art. 29 29 para. ((2). The complaint also does not suspend the measure of abolition under art. 33 33 para. (1) of construction works carried out without authorization on land belonging to the public or private domain of the counties, municipalities, cities or communes or constructions, works and facilities of a provisional nature executed on land belonging to the public or private domain of the counties, municipalities, cities or communes whose term provided for by the authorization is expired, ordered under the conditions of art. 28 28 para. ((1). ---------- Alin. ((2) of art. 35 35 has been amended by section 32 32 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 30 30 ^ 3. (3) In so far as this law does not have otherwise, the provisions are applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , as amended, except for the provisions of art. 28 28 and 29. *) Note
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* *) Article 35, ex art. 30 30, amended by Law no. 453/2001 and Law no. 401/2003 , was made up of 4 paragraphs.
Alin. (4), the content of which was: " (4) In so far as this law is not otherwise ordered, the provisions of Law no. 32/1968 .. ', has not been expressly amended or repealed by Law no. 401/2003 .
Alin. ((3) art. 35 35, as amended by Law no. 401/2003 , took over the provisions of para. (4), but with reference to Government Ordinance no. 2/2001 .
Alin. ((4) of art. 35 35 not included in the republished form, the application of this text ceasing a date with the repeal Law no. 32/1968 by Government Ordinance no. 2/2001 .
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+ Chapter IV Final and transitional provisions + Article 36 (1) The natural and legal persons, who benefit from the land under the conditions of this law, are obliged to apply for the issuance of the building permit and to start the construction no later than one year after the date of obtaining the concession the land. (2) In case of violation of the obligation provided in par. ((1) the concession shall lose its validity. + Article 37 (1) The natural and legal persons who carry out construction works under the conditions of this law have the obligation to fully execute the works until the deadline provided for in the authorization. (2) The authorized construction works shall be considered completed if all the elements provided for in the authorization were carried out and if the reception was carried out at the end of the works. Making reception at the end of the works is mandatory for all types of authorized constructions, including in the situation of carrying out these works in their own direction. The reception at the end of the works is done with the participation of the representative of the public administration, designated by the issuer ---------- Alin. ((2) of art. 37 37 has been amended by section 7 7 of art. I of LAW no. 52 52 of 8 March 2006 , published in MONITORUL OFFICIAL no. 238 238 of 16 March 2006. (3) At the end of the works, the beneficiary of the building permit has the obligation to regularise the fee for the building permit, according to (4) With the regularization of the tax provided in par. (3), the beneficiaries of the building permits will regularize the other quotas provided by law. (5) Constructions executed without a building permit or with non-compliance with its provisions, as well as those that did not perform the reception at the end of the works, according to the law, are not considered completed and cannot be intabulate in the Land. In this situation the sanctions provided by the law continue to apply. Construction carried out before 1 August 2001, which is the date of entry into force of the Law no. 453/2001 to amend and supplement Law no. 50/1991 on the authorization of the execution of construction works and some measures for the realization of housing, shall be filed, in the absence of the building permit, on the basis of the certificate of fiscal attestation certifying the payment payment tax due to the authority of the local public administration in whose radius the construction is located, as well as the cadastral documentation. If the constructions are not registered with the competent local public administration authority, they shall be registered if the related tax is paid for the last 5 years prior to the filing of the tax return, including for the current year. ---------- Alin. ((5) of art. 37 37 has been amended by art. I of LAW no. 127 127 of 26 April 2013 , published in MONITORUL OFFICIAL no. 246 246 of 29 April 2013, which introduces art. VII ^ 4 of EMERGENCY ORDINANCE no. 121 121 of 22 December 2011 , published in MONITORUL OFFICIAL no. 931 931 of 29 December 2011. + Article 38 (1) They are of public utility the works on constructions that can no longer be completed according to the provisions of the building permit, including their land. (2) In order to achieve the works provided in par. (1), the authority of the local public administration on whose territory the constructions are located will apply the Law no. 33/1994 on expropriation for the cause of public utility, and the buildings can be passed from public property into private property and capitalized, under the law. + Article 39 All privately owned constructions, carried out under the conditions of this law, shall be declared, in order to impose, to the territorial financial bodies or to the units subordinated to them, after their complete termination and no later than 15 days from the expiry date provided for in the building permit. + Article 40 (1) If several apartments and housing areas with another destination are carried out in a building, their owners also acquire a share of ownership of all the construction and installation parts, as well as all of them. facilities which, by their nature, can only be used jointly, irrespective of the section, scale or floor to which their property is situated. (2) A date with the ownership of the constructions, in the situation of those made in buildings with several apartments, the owner also acquires a share of the concession right on the land belonging to the private domain of the state or the administrative-territorial units. ((3) The quotas referred to in the preceding paragraphs shall be determined in proportion to the useful area of housing, holiday homes or areas with another destination in the building, as the case may be. ---------- Alin. ((3) of art. 40 40 has been amended by section 32 32 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 30 30 ^ 4. + Article 41 The right of concession on the land is transmitted in case of succession or alienation of the construction for whose realization it was constituted. Under the same conditions the building permit is also transmitted. + Article 42 (1) The building permit for intervention works in order to ensure the requirements of resistance, stability and safety in operation of constructions on which destructive factors of natural or human origin have occurred is issued to consolidate the entire construction. ((2) The issuance of the building/abolition permit for the execution of intervention works in the first emergency for the safety of existing constructions, including related installations, which present public danger, regardless of destination, as well as works on places of worship or at historical monuments ranked or in the course of ranking, regardless of the owner, except those in which commercial activities are carried out, is exempt from the authorization fee. ---------- Alin. ((2) of art. 42 42 has been amended by section 33 33 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 31 31 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. + Article 43 By exception to the provisions of art. 4, authorization of execution of construction works: a) with military character is made by the ministries and other specialized bodies of the central public administration concerned, based on procedures established together with the Ministry of Regional Development and Housing; b) related to the transport infrastructure of national interest is made by the Ministry of Transport, through the specialized direction, in compliance with the legal provisions in the field of construction authorization. ---------- Lit. b) of art. 43 43 has been amended by section 4.2 11 11 of art. IV of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. ---------- Article 43 has been amended by section 43. 34 34 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 31 31 ^ 1. + Article 43 ^ 1 (1) The public has the right to participate effectively and in advance in the procedure of authorizing the execution of construction works, to document and submit comments and opinions to the competent local public administration authorities, before taking a decision on the application for the authorization of the execution of construction works related to the investment for which the competent authority for environmental protection has established the need to assess its (2) The information and consultation of the public shall be carried out in accordance with the provisions of the legislation on the assessment of the impact of certain public ---------- Art. 43 ^ 1 was introduced by item 32 32 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. + Article 43 ^ 2 (1) Any interested person, who considers himself injured in a right or a legitimate interest, may apply to the competent administrative court, according to the law, to appeal the building permit or the rejection act. of the application for the authorization of the execution of construction works, as the case may be, issued by the local public administration authority 43 ^ 1 para. ((1). (2) Before addressing the competent administrative court, within 30 days from the date of bringing to the public knowledge of the building permit or the act of rejection of the application for the authorization of the execution of the works of construction, as the case may be, the persons referred to (1) shall require the authority of the local public administration to issue the revocation of the act, in whole or in part, if it has not produced legal effects. (3) The prior administrative procedure referred to in par. (2) is exempt from stamp duty and must be fair, fast and correct. ---------- Art. 43 ^ 2 was introduced by item 32 32 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. + Article 44 ((1) Under the conditions of this law, in order to achieve a uniform legislative framework on the authorization of construction works, all technical regulations-norms, regulations, instructions-, with applicability in the field of construction and Urbanism, elaborated by ministries and other central bodies, is compulsorily transmitted to the Ministry of Transport, Construction and Tourism. (2) Ministries and other central bodies that have developed technical regulations, according to the provisions of par. (1), have the obligation to transmit them to the Ministry of Transport, Construction and Tourism, for approval within 30 days from the date of publication of this law, under the sanction of termination of their applicability. + Article 45 (1) Within 60 days from the publication of the present law, the county councils, the General Council of the Municipality of Bucharest, as well as the municipal, city and municipal councils of the city of Bucharest will organize, within the apparatus own, specialized structures for the performance of duties under the responsibility of the chief architect, civil servant with leadership position, head of the specialized department/structure, with attributions in the field of urbanism, to arrange the territory and authorise the execution of construction works, and for: a) the approval of spatial planning and urban planning documentation, as well as the issuance of urban planning certificates; b) repealed; ---------- Lit. b) a par. ((1) of art. 45 45 has been repealed by section 6.6. 33 33 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. c) preparation and issuance of the building/disbanding authorization; d) organization and exercise of own control regarding the discipline in construction. (1 ^ 1) The authorities of the competent public administration may organize within the specialized structures the provision of services regarding obtaining, for a fee under the law, at the request of the applicant, the opinions and agreements necessary for authorization execution of construction works. ---------- Alin. ((1 ^ 1) of art. 45 45 has been introduced by section 35 35 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 33 33 ^ 1. (2) The local council of the commune can organize specialized structures at the level of its own apparatus, under the conditions provided in par. (1), on the basis of a decision adopted in this regard. (3) The specialized structures established within the county councils provide specialized technical assistance, analyze and endorse applications submitted for the issuance of urban planning certificates and documentation for issuing permits. building from the competence of issuing mayors to communes and cities that have not yet constituted specialized structures, under the provisions of par. ((1) and (2), as well as of art. 4 4 para. ((1) lit. e), at their request. ---------- Alin. ((3) of art. 45 45 has been amended by section 35 35 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 33 33 ^ 2. (3 ^ 1) By exception to the provisions of art. 4 4 para. ((1) lit. e), the presidents of the county councils can issue building permits for works in the area of competence of the mayors of communes and cities that have not yet constituted the specialized structures according to the provisions of par. (1), in the limited term, at their request. ---------- Alin. (3 ^ 1) of art. 45 45 has been amended by section 36 36 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 34 34 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. (4) If, due to the lack of specialists, the specialized structures provided in par. (1) at the level of the cities or municipalities will be applied accordingly the provisions of par. ((3). (5) The position of chief architect, provided in par. ((1), shall be entered in the nomenclature of the management functions within the own apparatus of the county and local councils and shall be equivalent as follows: a) head of department or general manager, for the chief architect of Bucharest, respectively for the chief architect of the county, the chief architects of the municipalities, as well as of the sectors of Bucharest; b) Head of service, for the chief architects of the cities; c) Head of office, for persons with responsibility in the field of spatial planning, urbanism and authorization of execution of construction works within the municipalities, heads of specialized structures organized at the level they, under the conditions provided in par. ((2). (6) For the establishment of the data bank, all owners of technical-publishing networks, over-and underground, are obliged to transmit to the authorities of the county public administration, respectively of the city of Bucharest the cadastral plans comprising the routes networks existing on the territory of the county and localities, respectively of the city of Bucharest. These plans will be made by the county public administration authorities, respectively of the city of Bucharest at the disposal of all municipalities, cities and communes, respectively to the mayoralties of the sectors of Bucharest Administrative-territorial networks are located technical-urban networks *). ---------- Alin. ((6) of art. 45 45 has been amended by section 37 37 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 34 34 ^ 1. + Article 46 Repealed. ---------- Article 46 was repealed by point (a). 9 9 of art. I of LAW no. 52 52 of 8 March 2006 , published in MONITORUL OFFICIAL no. 238 238 of 16 March 2006. + Article 47 Annex no. 1 1 on the framework content of the technical documentation-D.T. for the authorization of construction works and Annex no. 2 on the definition of specialized terms used in the law are an integral part of this law. ---------- Article 47 has been amended by art. II of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the term "Project" of the phrase "Project for the authorization of the execution of construction works" with the term "Technical Documentation-D.T.". + Article 47 ^ 1 Any other provisions contrary to this law shall be repealed. ---------- Art. 47 ^ 1 was introduced by item 37 37 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 34 34 ^ 2. + Article 48 On the date of entry into force of this Law, Law no. 4/1973 on the development of housing construction and the sale of housing from the state fund to the population, published in the Official Bulletin no. 46 46 of 31 March 1973, Decision of the Council of Ministers no. 880 880 of 16 July 1973 for the establishment of implementing measures Law no. 4/1973 on the development of housing construction, the sale of housing from the state fund to the population and the construction of personal property rest houses, published in the Official Bulletin no. 108 108 of 20 July 1973, Decree no. 144/1958 on the regulation of the issuance of permits for the construction, repair and abolition of constructions, as well as those relating to estrangements and division of land with or without construction, published in the Official Bulletin no. 15 15 of 29 March 1958, Decree no. 545/1958 on the regulation of the location of constructions, as well as the passage into state ownership of land and constructions necessary to carry out works or actions of state interest, published in the Official Bulletin no. 41 41 of 30 December 1958, Decision of the Council of Ministers no. 2.490/1969 on the establishment and sanctioning of contraventions to the rules on the location and authorization of construction, repair and abolition of constructions and other works, published in the Official Bulletin no. 158 of December 31, 1969, as well as any other provisions contrary to this law shall be repealed. + Annex 1 CONTENT-FRAMEWORK of the technical documentation D.T. for authorisation of construction works ---------- The title of Annex 1 was amended by point 37 37 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 34 34 ^ 3. Technical documentation-D.T. for the authorization of the execution of construction works shall be elaborated by authorized designers, natural or legal persons, under the provisions of art. 9 of this law and, after the unchanging view, develops in the technical project prepared according to the legal provisions in force, in accordance with the requirements of the urbanism certificate, with the content of the opinions, agreements, the authority for the protection of the competent environment, as well as, where appropriate, of its administrative act, as required by the urbanism certificate. Technical documentation-D.T. for the authorization of the execution of construction works shall be drawn up for: -authorization of execution of construction works-D.T.A.C.; -authorization of the execution of the abolition works-D.T.A.D.; -authorization of execution of works organization-D.T.O.E. The framework content of the technical documentation-D.T. for the authorization of the execution of the construction works includes the opis of the written and drawn parts, necessary to be presented for authorization. ---------- The introductory part of Annex 1 has been amended by section 37 37 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 34 34 ^ 3. A. Technical documentation-D.T. for authorization of execution of construction works-D.T.A.C. ---------- Lit. A of Annex 1 has been amended by art. II and III of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the term "Project" of the phrase "Project for the authorization of the execution of construction works" with the term "Technical Documentation-D.T.", and of the abbreviations "P.A.C." and "P.A.D." with the abbreviations "D.T.A.C." And "D.T.A.D." I. Written parts 1. List and signatures of designers It complements with the name in the clear and the quality of the designers, as well as with the part of the project 2. Memory 2.1. General data: Description of the works subject to the Technical Documentation-D.T. for the authorization of construction works, making references to: ---------- The introductory part of paragraph 1 of the subsection. 2.1., pt. 2 2, list I, Section A of Annex 1 has been amended by art. II and III of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the term "Project" of the phrase "Project for the authorization of the execution of construction works" with the term "Technical Documentation-D.T.", and of the abbreviations "P.A.C." and "P.A.D." with the abbreviations "D.T.A.C." And "D.T.A.D." -the site, its topography, the tracing of works; -climate and specific natural phenomena; -geology and seismicity; -category of importance of the objective. 2.2. Memoirs on specialties Description of works of: -architecture; -structure; --installations; -facilities and technological installations, as the case may be; -exterior design and vertical systematization. 2.3. Data and indices characterising the investment projected, included in the Annex to the application for authorisation: -surfaces-built, built on the ground and useful; -building heights and number of levels; -construction volume; -percentage of land occupancy-P.O.T.; -coefficient of land use-C.U.T. 2.4. The general estimate of the works, drawn up in accordance with the legal provisions in force 2.5. Annexes to the memo 2.5.1. Geotechnical study 2.5.2. References for verification of technical documentation-D.T., in accordance with the legislation in force on quality in construction, including in the situations provided in art. 7 7 para. (2 ^ 1) and (2 ^ 3) prepared by project verifiers certified by the Ministry of Development, Public Works and Housing, chosen by the investor. ---------- Section 2.5.2. of the list I. 'Written parts' of Section A of Annex 1 has been amended by section A. 41 41 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. II of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the phrase "technical verifier" with the phrase "project verifier". " 2.5.3. Repealed. ---------- Section I. 2.5.3. of the list I. "Written parts" of Section A of Annex 1 has been repealed by point (a). 36 36 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. 2.5.4. Repealed. ---------- Item 2.5.4. of the list I. 'Written parts' of Section A of Annex 1 has been repealed by point (a). 36 36 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. 2.5.5. Opinions and agreements on insurance, branching and connection to the edilitary infrastructure, as the case may be, as well as the specific administrative opinions, agreements and administrative acts of the central public administration bodies or of the devolved services their, as the case may be-the Ministry of Environment and Sustainable Development, the Ministry of Interior and Administrative Reform, the Ministry of Public Health, as well as the Ministry of Culture and Religious Affairs, Ministry of Defence, Ministry of Development, Public Works and Housing, Ministry of Transport, Romanian Intelligence Service or other interested bodies, established by the urbanism certificate according to the legal regulations in force and as a result of the special site conditions and/or the functionality of the investment, as the case may be, obtained in advance by the applicant. ---------- Item 2.5.5. of the list I. "Written parts" of Section A of Annex 1 has been amended by section A. 37 37 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. 2.5.6. The agreement of the neighbors, according to the legal provisions in force, expressed in authentic form, for new constructions, located adjacent to existing constructions or in their immediate vicinity-and only if intervention measures are necessary for to protect them-, for construction works necessary to change the destination in existing buildings, as well as in the case of construction sites with a destination other than that of neighbouring buildings. II. Comic Parts 1. General plans 1.1 Plan of employment in the territory -plan of framing in the area of the work, drawn up at stairs 1:10,000, 1:5.000, 1:2.000 or 1:1000, as the case may be, issued by the cadastre office and territorial real estate advertising ---------- Subsection 1.1 of section 1.1. 1 1 from list II. Parts drawn from Section A of Annex 1 have been amended by section A. 38 38 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. 1.2. Situation plan regarding the location of the investment objectives -plan with the representation of the relief, drawn up in the Stereographic Projection System 1970, at the stairs 1:2.000, 1:1000, 1:500, 1:200 or 1:100, as the case may be, targeted by the cadastre office and territorial real estate advertising, which will be represented: * the building, identified by the cadastral number, for which the urbanism certificate was issued, described by the totality of the determining topographic elements for the surface, the length of the sides, angles, including the position and height at the mane of bordering turkeys, as well as the position of fixed and mobile tracing landmarks; * the location of all the constructions that will remain, will be abolished or will be built; * the construction quotas designed and maintained, on the three dimensions (quotas ± 0,00; level quotas; location distances; axes; quotas of sidewalks, alleys, platforms and the like); * the name and destinations of each building body; * vertical systematization of the land and stormwater drainage mode; * pedestrian and roadway accesses in the premises and buildings, the plantations provided; * the plot plan of the tarlala in the case of unfenced buildings that are subject to the property restitution laws. ---------- Subsection 1.2 of section 1.2. 1 1 from list II. Parts drawn from Section A of Annex 1 have been amended by section A. 38 38 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. 1.3. The underground construction plan It will include their location, especially the urban utility networks in the site area: routes, dimensions, level quotas on the positioning of the dormitories-radier and lid-, and will be drafted at 1:500 scale. In case of lack of public networks of technical-edilitary equipment will be indicated the own installations provided by the project, especially those for water supply and sewerage. 2. Planse on specialties 2.1. Architecture The architectural pieces will include the main drawings on the architecture of each object, written at 1:50 or 1:100 scale, as follows: -the quoted plans of all underground and above-ground levels, with the indication of functions, dimensions and surfaces; -roof plans-terrace or roof-, with indication of the meteor water drainage slopes and their collection mode, including the indication of the materials from which the coverings are executed; -characteristic sections-especially on the line of the highest slope, where applicable-, comprising the quota of the quota of the quota, the quotas of all levels, the determining heights of the roof-the quotas in the mane and the cornice-, the foundations of the buildings adjacent to which the projected constructions are joined; -all facades, with the indication of materials and finishes, including colors, rated and with indication of connection at the level of the landscaped land; -in the situation of integration of constructions in an existing front, will also present the street deployment showing how to integrate them into the existing urban tissue. 2.2. Structure 2.2.1. Plan of foundations It is drafted at 1:50 scale and will reveal: -how to comply with the conditions of the geotechnical study; -measures to protect the foundations of neighbouring buildings, to which the projected constructions are joined. 2.2.2. Details of foundations 2.2.3. Full structure project It is presented for construction with several basements and at least 10 levels. 2.3. Installations 2.3.1. Plant schemes The main parameters and functional schemes of the projected installations are presented. 2.4. Facilities and technological installations If the investment is to operate on the basis of facilities and technological installations, determinants for the planimetric configuration of the constructions, they will present themselves: 2.4.1. Overview drawings 2.4.2. Technological flow schemes Each board presented within the section II "Comic Parts" will have a cartridge on the bottom right, which will include: the name of the company or the elaborator designer, the registration number or the authorization number, as the case may be, the title of the project and of the board, the number of the project and of the board, the date of elaboration, the name, the quality and signature of the elaborators and the project chief B. Technical documentation-D.T. for authorizing the execution of abolition works-D.T.A.D. ---------- Section B of Annex 1 has been amended by art. II and III of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of December 16, 2008, by replacing the term "Project" from the phrase "Project for the authorization of the execution of the abolition works" with the term "Technical Documentation-D.T." and the abbreviation "P.A.D." with the abbreviation "D.T.A.D." I. Written parts 1. List and signatures of designers It complements with the name in the clear and the quality of the designers, as well as with the part of the project 2. Memory 2.1. General data Description of the construction to be abolished: -short history: the year of edification, known craftsmen, other characteristic data; -description of the structure, of constituent materials, of the architectural style; -the description and description of the patrimonial or decorative elements to be taken; -color photos-9 x 12 cm format-of all facades, and where appropriate the results will be presented from the assembly of several photos; -description of the works covered by the Technical Documentation-D.T. for the authorization of the abolition works. ---------- Dash-5-a from the subsection. 2.1., pt. 2 2, list I., Section B of Annex 1 has been amended by art. II of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the term "Project" of the phrase "Project for the authorization of the execution of the abolition works" with the term "Technical Documentation-D.T.". 2.2. Repealed. ---------- Subsection 2.2 of List I of Section B of Annex 1 has been repealed by point (a). 38 38 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 38 38 ^ 1. II. Comic Parts 1. Framing plan in the territory -plansa on topographic support targeted by the cadastre office and territorial real estate advertising, drawn up at stairs 1:10,000, 1:5,000, 1:2,000 or 1:1,000, as the case may be. ---------- Section 1, list II., Section B of Annex 1 has been amended by art. IV of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the phrase "county office of cadastre, geodesy and cartography" with the phrase "cadastre office and territorial real estate advertising". 2. Situation plan of buildings -plank on topographic support covered by the office of cadastre and territorial real estate advertising, drawn up at scales 1:2.000, 1:1.000, 1:500, 1:200 or 1:100, as the case may be, stating: ---------- First indent of point 2 2, list II., Section B of Annex 1 has been amended by art. IV of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the phrase "county office of cadastre, geodesy and cartography" with the phrase "cadastre office and territorial real estate advertising". ● the cadastral parcel for which the urbanism certificate was issued; ● the location of all constructions that will remain or will be abolished; ● the arrangement of the land after the construction was abolished; ● the vertical systematization of the land and the stormwater drainage mode; ● existing plantations and which are maintained after abolition. On the board will be distinctly indicated the existing elements, those that are abolished and those proposed-situation plan, new constructions or earth fillings, plantations, etc., as the case may be. 3. The Underground Construction Plan It will include their location, especially the urban utility networks in the site area: routes, dimensions, level quotas on the positioning of the dormitories-radier and lid-, and will be drafted at 1:500 scale. In case of lack of public networks of technical-edilitary equipment will be indicated own installations, especially those for water supply and sewerage. 4. The construction student to be abolished The boards will be drafted at a convenient scale-1:100 or 1:50-allowing to highlight existing spaces and functions, with the indication of existing quotas, surfaces and materials: -the plans of all levels and the roof plan; -main sections: transversal, longitudinal, other characteristic sections, as appropriate; -all facades. If the abolition requires complex technical operations, the technical documentation-D.T. of organization of the works will also be presented. ---------- Paragraph 2 of section 2 4 4, list II., Section B of Annex 1 has been amended by art. II of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the term "Project" of the phrase "Project for the organization of the execution of works" with the term "Technical Documentation-D.T.". Each board presented within the section II "Comic Parts" will have on the bottom right a cartridge that will include: the name of the company or the elaborator designer, the registration number or the authorization number, as the case may be, the title of the project and of the board, the number of the project and of the board, the date of elaboration, the name, the quality and signature of the elaborators and the project chief C. Technical documentation for the organization of the execution of works-D.T.O.E. ---------- Section C of Annex 1 has been amended by section C 38 38 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 38 38 ^ 2. The technical documentation for the organization of the execution of the D.T.O.E. works is necessary in all cases where an investment is made and it is usually presented together with the technical documentation for the authorization of the execution of the construction works, in the law. The technical documentation for the organization of the execution of the works must include the description of all provisional and necessary provisional works in order to ensure the investment execution technology, both on the land related to the investment and on the spaces temporarily occupied outside it, including those on the public domain, as follows: ---------- The introductory part of section C of Annex 1 has been amended by section C 38 38 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 38 38 ^ 2. I. Written parts 1. List and signatures of designers It complements with the name in the clear and the quality of the designers, as well as with the part of the project 2. Memory It will include: -description of the provisional works: organization of the premises, the location of constructions, furnishings and deposits of materials; -insurance and procurement of materials and equipment; -providing provisional connection to the urban utility network in the site area; -details of the accesses and fencing; -details on labor protection. ---------- Subsection 2 "Memory" of the list I "Written parts" of Section C of Annex 1 has been amended by section C 38 38 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 38 38 ^ 3. The technical elements of approval regarding the provisional connection to the urban utilities in the area, necessary in order to obtain the single agreement, will be present within the technical sheets drawn up in the Technical Documentation-D.T. for the authorization of execution construction works-D.T.A.C. or D.T.A.D., as the case may be. ---------- Paragraph 2, of section 2. 2 2, List I. of Section C, Annex 1 was amended by art. II of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of December 16, 2008, by replacing the term "Project" from the phrase "Project for the authorization of the execution of construction works" with the term "Technical Documentation-D.T.", of the abbreviation "P.A.C." with the abbreviation "D.T.A.C.", and the abbreviation "P.A.D." with the abbreviation "D.T.A.D." II. Comic Parts General plan a) in the larger works, a plan is drawn up according to the plan of situation regarding the location of the investment objectives, including the investment site and all the necessary facilities and constructions b) to the smaller works the elements of organization of the execution of the works will also be presented in the situation plan regarding the location of the investment objectives of the Technical Documentation-D.T. Construction. ---------- Lit. b) II of Annex 1 has been amended by art. II of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the term "Project" of the phrase "Project for the authorization of the execution of construction works" with the term "Technical Documentation-D.T.". Each board presented within the section II "Comic Parts" will have a cartridge on the bottom right, which will include: the name of the company or the elaborator designer, the registration number or the authorization number, as the case may be, the title of the project and of the board, the number of the project and of the board, the date of elaboration, the name, the quality and signature of the elaborators and the project chief + Annex 2 DEFINITION some of the specialized terms used in the law Definition repealed. ---------- The definition of 'Single Agreement' in Annex 2 has been repealed by point 39 39 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ● Building/disbanding authorization The act of authority of the local public administration-county councils and municipal, city and communal councils-, on the basis of which construction works can be carried out. The procedure for issuing the building/abolition authorization is regulated by this law and the methodological norms developed by the Ministry of Transport, Construction and Tourism. ● Household annexes Constructions of a definitive or provisional nature, meant to house specific activities, complementary to the function of habitation, which, by placing in the vicinity of the home, make up together with this a distinct functional unit. In the category of household annexes, as a rule in rural areas, are included: summer kitchens, stables for large animals, patulas, sheds, warehouses and the like. Similarly, they are assimilable to the notion of household annexes and garages, greenhouses, swimming pools and the like. ● Household annexes of agricultural holdings Constructions located in areas isolated in extravilan and removed by the locality of residence of agricultural workers, meant to house agricultural machinery, machinery, small workshops, tools, other goods of them, including animals, as well as spaces for temporary accommodation during agricultural campaigns. ● Approval/approval Endorsement-procedure for the analysis and expression of the point of view of a technical commission from the structure of ministries, local public administration or other interested central or territorial bodies, having as object the analysis of solutions functional, technical-economic and social indicators or other elements presented by the spatial planning and urban planning documentation or by the technical documentation-D.T. for the authorization of the execution of the construction works and the project technical (P. Th.) on the basis of which the works will be executed The endorsement is embodied by an act (favourable or unfavourable opinion) which has a technical nature of obligation. ---------- The definition of 'Endorsement' in Annex 2 has been amended by section 40 40 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. The definition of 'Endorsement' in Annex 2 has been amended by art. II of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the term "Project" of the phrase "Project for the authorization of the execution of construction works" with the term "Technical Documentation-D.T.". Approval-the option of the deliberative forum of the competent authority to acquire proposals from the documentation presented and supported by the favorable technical opinions, previously issued. The act of approval gives the documents the power of application, thus constituting the legal basis in order to carry out the territorial and urban development programs, as well as to authorise the execution works of the investments. ● Buildings of low importance Construction with common functions, with a low degree of risk, affecting a small number of people: a) residential buildings with S + P + 1E, with a maximum of 6 apartments, including their household annexes; b) buildings for education with no more than 4 functional units; c) non-stationary communal dispensaries; d) administrative headquarters in rural areas: mayors, police stations, rural credit cooperatives, libraries, post offices and the like; e) buildings for trade and food, with an area of up to 200 square meters and with openings up to 6 m; f) halls and workshops for craft activities that do not generate vibrations, with an area of up to 200 square meters and openings up to 6 m; g) dependencies and household annexes: garages, summer kitchens, stables, spas and the like; h) construction of a provisional nature. ● Construction of a provisional nature Constructions authorized as such, regardless of the nature of the materials used, which, by the specificity of the function housed or due to the urban requirements imposed by the public authority, have a limited duration of existence, also specified by the authorization Building. As a rule, temporary constructions are made of materials and compositions that allow rapid dismantling in order to bring the land to its original state (metal confections, timber parts, plastics or the like) and are of small size. The category of temporary constructions includes: kiosks, tonettes, cabins, places of exposure located on the paths and in public spaces, fixtures and display panels, companies and advertisements, awnings, pergolas or the like. For the purposes of this law the realization of provisional constructions is authorized under the same conditions as the definitive constructions are authorized. ● Special constructions Military constructions that are authorized under the conditions provided in art. 43. ● Documentation of spatial planning and urban planning Written and drawn document assemblies, relating to a defined territory, analysing the existing situation and setting out the objectives, actions and development measures for a fixed period. The structure of the spatial planning and urban planning documentation includes: a) the spatial planning plans; b) urban plans; c) Local urban planning regulations. The definition and the framework content of the spatial planning and urban planning documentation are done by the law of spatial planning and urbanism. ● Technical documentation-D.T. Simplified technical documentation that presents the essential technical elements necessary for the issuance of the building/abolition authorization and establishing the main coordinates regarding the classification in approved urban indices, the location constructions and their relations with the neighbourhoods, the schemes and functional flows, the spatial composition, the structure of resistance, the expression of architecture, the equipping and equipping of constructions-including the insurance, branching and connection solutions to them at the edilitary infrastructure, as appropriate. After the issuance of the building permit, the technical documentation-D.T. develops in the technical project-P.Th. and constitutes an integral part of it, respectively of the execution details, being forbidden to modify the provisions of the technical documentation- D.T., under penalty of building permit nullity. The framework content of the technical documentation-D.T. is set out in Annex no. 1 to the present law. ---------- Definition of "Technical Documentation-D.T." of Annex 2, has been amended by section 39 39 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 41 41 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ● Documentation for the authorization of construction works All the documents provided in art. 7 7 para. ((1) of the law that constitutes the file to be submitted to the local public administration authorities provided for in art. 4 4 in order to issue the building permit. ---------- The definition of "Documentation for the authorization of the execution of construction works" in Annex 2 was amended by section 39 39 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, amending section 41 41 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ● Right of execution of construction works The right to the construction and/or land that gives the holder the right to obtain, according to the law, from the competent authority, the building/abolition authorization: 1. main real law: right of property, use, usufruct, superficie, servitude (acquired by: contract of sale-purchase, exchange, donation, certificate of heir, administrative act of restitution, court decision); 2. right of claim acquired by: contract of assignment, concession, concussion, tenancy. The issuance of the building permit under a contract/lease contract can be made only for temporary constructions and the express agreement of the rightful owner. By exception, on the basis of a lease agreement concluded under the conditions of specific legislation in the field of oil and natural gas, by the holders of licenses/permits/authorizations with the owners of the land within the operating perimeter, shall be may authorise including the execution of the construction works necessary for the operation of geological exploration/prospecting and exploitation of oil and natural gas other than temporary constructions, if those contracts explicitly include the consent of the owners construction works on these lands. ---------- Section 2 of the definition "Construction of construction works" in Annex 2 has been amended by section 2. 4 4 of art. I of EMERGENCY ORDINANCE no. 22 22 of 6 May 2014 , published in MONITORUL OFFICIAL no. 353 353 of 14 May 2014. ---------- The definition of "Construction of construction works" in Annex 2 has been amended by section 4.2. 40 40 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 41 41 ^ 1. ● Company The constructive element applicable on the building or independently, on which the identification data of a public institution, companies, foundations, trade name, object of activity or any other specific text is inscribed, under which a the natural or legal person exercises his or her activity in a building or an enclosure. ● Construction related installations The totality of the equipment that provides the utilities necessary for the construction operation, located inside the property limit, from connection/connection to users, whether or not they are incorporated under construction. Installations related to construction shall be authorised with them or, where appropriate, separately. ---------- The definition of "Construction related installations" in Annex 2 has been amended by section 40 40 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 41 41 ^ 2. ● Intravilan of the locality The territory that constitutes a locality is determined by the General Urban Plan (PUG) and includes the whole land of any kind, with/without construction, organized and delimited as independent bodies, planted, permanently under water, located in the agricultural circuit or having another destination, within which construction is allowed, under the law. The intravilan can develop by expanding into extravilan only on the basis of zoning urban plans (PUZ), legally approved, later integrating into the general urban plan (PUG) of the locality. ● Extravilan of the locality The territory between the limit of the intravilan and the administrative-territorial limit of the basic unit (municipality, city, commune), within which the authorization of the execution of the construction works is restricted, under the conditions of this law. ● Fencing Definitive or provisional constructions, with the role of delimiting surfaces, areas or plots on which there are forms of ownership, executed for protection against intrusions, made of different materials-concrete, brick, stone, wood, metal, including barbed wire lying on the bulumaci-, or through specific planths. ● Playgrounds and leisure Specific construction for entertainment, recreation and sport for the population. ---------- The definition of "Playgrounds and leisure" in Annex 2 has been introduced by section 4.2. 40 40 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 41 41 ^ 3. ● Construction works Specific operations by which: -construction is carried out of any kind-civil, industrial, agrootechnical, underground and aerial publishing, communication paths, engineering works, art, etc.; -such constructions are abolished by demolition, dismantling, dynamiting, etc. ● Amendment works Works of interventions on constructive, structural and/or non-structural elements, having as effect the total or in part modification of them. The modification works can be: a) structural modification works, which are mainly part of the consolidation, overflow and/or extension works of the construction; b) non-structural modification works, of which are mainly the works of interior design and light repartitions, which do not significantly affect the structure of the construction resistance and for which the opinion is necessary prior to an authorised designer. For the execution of the modification works, except for the provisional, non-structural subdivision works, it is necessary to issue a building permit under the law and in compliance with the legal provisions on quality in Construction. ---------- The definition of "Amending works" in Annex 2 has been amended by section 40 40 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008, with point 41 41 ^ 4. * Intervention works in the first emergency Any necessary works on existing constructions that present public danger as a result of their degradation processes determined by natural and anthropogenic destructive factors, including their related facilities, for: a) safe putting, by ensuring the requirements of mechanical strength, stability and safety in operation; b) their abolition. ---------- The definition of "Intervention works in the first emergency" of Annex 2 was introduced by item 42 42 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. * Rehabilitation works Any kind of intervention works necessary to improve the safety and exploitation performance of existing constructions, including related installations, in order to extend the service life by bringing them to the level the essential quality requirements laid down by law. ---------- The definition of "Rehabilitation works" in Annex 2 was introduced by section 4.2. 43 43 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ● Specific works on communication paths, which do not require a building permit Maintenance work that does not require project and general deviation, consisting of a work complex that is carried out on a permanent basis, in order to maintain the construction-facilities under technical conditions corresponding to continuous deployment, comfortable and in full traffic safety, at the level of maximum traffic. ● Urban furniture Functional and/or decorative elements located in public spaces that, through composition, appearance, location, give special personality to the area or locality. By their nature the pieces of urban furniture are assimilated to the constructions if their location is made by constructively binding to the ground (concrete platforms foundations, connections to urban utilities, except electricity), requiring the issuance of building permit. They belong to the category of urban furniture: planters, lampposts, benches, basins, decorative pavements, pergolas, telephone booths and the like. * Theme change Any change initiated by the investor/owner considering the characteristic functions and/or functional capabilities, approved technical-economic indicators, spatial and/or site solutions and other such requirements, which have been substantiated the elaboration of the technical documentation-D.T., which was the basis for the issuance of the building permit. ---------- The definition of 'Amending the theme' in Annex 2 was introduced by section 4.2. 44 44 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ● Plot The urbanistic design operation to determine the division of one or more distinct land properties, intended for construction, for the purpose of assigning, conceding or selling the resulting lots. * * Technical project (P. Th.) Technical-economic documentation-written and drawn parts-, elaborated under the law, which develop the technical documentation-D.T., in compliance with the conditions imposed by the building permit, as well as through the opinions, agreements and the act administrative authority of the competent authority for environmental protection, annexes to the building permit. The technical project (P. Th.) includes the technical and economic solutions for the realization of the investment objective, on the basis of which the authorized construction works are executed. ---------- The definition of 'Technical project (P. Th.)' in Annex 2 has been amended by item 45 45 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. * Execution details (D.E.) Technical documentation comprising graphic representations made at scales 1:2.1:5.1:10, 1:20 or, as the case may be, at other graphic scales, depending on the drafting needs, as well as written parts for the explanation of the graphic representations, elaborated in the basis of the technical project and with strict compliance with its provisions, which details the technical solutions of composition, assembly, execution, installation and other such operations, on parts/building elements or installations related to it and indicating dimensions, materials, execution technologies, and links between structural/non-structural structural elements of the investment objective. The execution details, elaborated under the law and verified for the essential requirements of quality in construction by project verifiers certified under the law, details the technical project, in order to execute authorized construction. ---------- The definition of "Execution details (D.E.)" in Annex 2 has been amended by item 41 41 of art. I of LAW no. 261 261 of 7 July 2009 , published in MONITORUL OFFICIAL no. 493 493 of 16 July 2009, which supplements art. II of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 of 16 December 2008, by replacing the phrase "technical verifier" with the phrase "project verifier". " Definition repealed. ---------- The definition "Project for the authorisation of the execution of construction works" in Annex 2 was repealed by point 47 47 of art. I of EMERGENCY ORDINANCE no. 214 214 of 4 December 2008 , published in MONITORUL OFFICIAL no. 847 847 of 16 December 2008. ● Works reception The reception of the works is a component of the quality system in construction and is the act certifying the completion of the works carried out in accordance with the provisions of the technical project and the details The reception of construction works of any category and installations is carried out both on new works and on interventions in time on existing constructions, according to the law. The reception of the construction works is carried out in two stages, according to the legal provisions in force, as follows: -reception at the end of works -final reception. ● Change of destination Within the meaning of art. 3, it is necessary to issue a building permit and/or to abolish, as the case may be, only in the situation in which for the realization of the change of destination of the premises construction works are necessary for which the law provides building permit. ● Protected areas The territories geographically delimited, in which there are elements or ensembles of natural or cultural heritage of particular value. In relation to the nature of heritage elements, the protected areas are: a) protected natural areas, established for the protection and enhancement of natural heritage with special value; b) protected built areas, established for the rescue, protection and enhancement of the built heritage, with particular historical, cultural or memorial value. NOTE: We reproduce below the provisions art. III of Law no. 453/2001 to amend and supplement Law no. 50/1991 on the authorization of the execution of construction works and some measures for the realization of dwellings, II para. ((2) and the art. III of Law no. 401/2003 to amend and supplement Law no. 50/1991 authorising the execution of construction works and of art. II para. ((2) of Law no. 199/2004 to amend and supplement Law no. 50/1991 concerning the authorisation of the execution of construction works, which are not incorporated into the republished text Law no. 50/1991 : - art. III of Law no. 453/2001 : "" Art. III. -On the date of entry into force of this Law, the Annex to the Law no. 50/1991 , republished, art. 8 8 para. 5 5 and section 8 lit. j) of Annex no. II to Environmental Protection Law no. 137/1995 , republished in the Official Gazette of Romania, Part I, no. 70 of February 17, 2000, as well as references to the obligation to issue the environmental agreement for construction-assembly works within the law, from its acts of application, as well as any other provisions contrary to the provisions of this laws. "; --art. II para. ((2) and art. III of Law no. 401/2003 : " (2) Within 60 days from the date of entry into force of this Law, the Ministry of Transport, Construction and Tourism will amend the methodological norms for the application of Law no. 50/1991 , republished, with subsequent amendments and completions, including those brought by this law, which will include the forms, the authorization procedure and the content of the documentation necessary for this procedure. At the same time, the takeover, teaching-reception operations of the field studies and the documentation provided in art. I section 23 23 [para. ((1) of art. 29 ^ 1], by minutes concluded between the parties after the inventory of the archives referred to in art. I section 23 23 [art. 29 ^ 1 para. ((3)], without the need for delay. Art. III. -On the date of entry into force of this Law, the letter c) of Article 48 of the Law no. 422/2001 on the protection of historical monuments. '; - art. II para. ((2) of Law no. 199/2004 : " (2) Within 30 days from the date of entry into force of this Law, the Ministry of Transport, Construction and Tourism will amend the Methodological Norms for the application of Law no. 50/1991 on the authorization of the execution of construction works, republished, with subsequent amendments and completions, approved by Order of the Minister of Public Works, Transport and Home No. 1.943/2001 ,, as amended. " Annexes to Methodological Norms ------