Advanced Search

Law No. 350 Of 6 July 2001 On Regional Planning And Urbanism

Original Language Title:  LEGE nr. 350 din 6 iulie 2001 privind amenajarea teritoriului şi urbanismul

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 350 350 of 6 June 2001 (* updated *) on spatial planning and urban planning ((updated until 18 March 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The territory of Romania is part of the national wealth enjoyed by all citizens of the country, including through the management of development processes through the activities of spatial planning, urban planning or sustainable urban development of the authorities central and local public. (2) The public administration authorities are the manager and guarantor of this wealth, within the limits of legal competences. (3) In order to ensure the balanced, coherent and sustainable development of the national territory, local public administration authorities shall harmonise their land-use decisions, based on the principles of decentralisation, local autonomy and the devolution of public services. (4) The state, through the public authorities, has the right and the duty to ensure, through the activity of urbanism and spatial planning, the conditions of sustainable development and respect for the general interest, according to the law. (5) The spatial management of the territory aims to provide individuals and collectives with the right of fair use and responsibility for efficient use of the territory, adequate housing conditions, quality of architecture, protection architectural, urban and cultural identity of urban and rural localities, working conditions, services and transport that respond to the diversity of population needs and resources, reduction of energy consumption, protection natural and built landscapes, biodiversity conservation and the creation of environmental continuity, security and public sanitation, rationalisation of the demand for travel. --------- Alin. ((5) of art. 1 1 has been amended by section 1 1 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ---------- Article 1 has been amended by section 1. 1 1 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 2 (1) The spatial management of the territory of the country constitutes a mandatory, continuous and prospective activity, carried out in the interest of the communities that use it, in accordance with the values and aspirations of the society and with the requirements of integration European space (2) The spatial management of the territory provides individuals and collectives with the right of fair use and responsibility for efficient use of the territory. ((3) The management is carried out by means of spatial planning and urbanism, which constitute complexes of complex activities of general interest that contribute to balanced spatial development, to the protection of natural heritage and built, to improve living conditions in urban and rural areas, as well as to ensure territorial cohesion at regional, national and European level. -------------- Alin. ((3) of art. 2 2 has been amended by section 1 1 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. + Article 3 The landscaping activity must be: global, aiming at the coordination of different sectoral policies in an integrated; functional assembly, having to take into account the natural and built framework based on values of culture and interests joint; prospective, having to analyse long-term development trends of economic, ecological, social and cultural phenomena and interventions and take into account these in application; democratic, ensuring the participation of the population and its political representatives to adopt decisions. + Article 4 Urbanism must be an activity: a) operational, by detailing and delimiting in the field the provisions of the spatial planning plans; b) integrators, by synthesizing sectoral policies on the management of localities ' territory; c) normative, by specifying the ways of land use, the definition of destinations and gauges of buildings, including infrastructure, facilities and plantations. + Article 5 (1) The activity of spatial planning and urbanism must be carried out in compliance with local autonomy, based on the principle of partnership, transparency, decentralization of public services, participation of the population in the decisions, as well as sustainable development, according to which the decisions of the present generation must ensure development, without compromising the right of future generations to their own existence and development. (2) The public authority has the responsibility of harmonious development of the territory/territories within its competence. For this purpose, economic operators or institutions holding buildings, installations and/or equipment of public interest or providing a public service shall be required to provide the public authority, free of charge, at the request of the public authority. it, within 15 days, the necessary information in the actions of planning the development of the territory of the locality in question. --------- Article 5 has been amended by section 6.6. 2 2 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 1 1 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 6 Central and local public administration authorities respond, according to this law, to the activity of spatial planning and urbanism. + Chapter II Field of activity + Section 1 Spatial planning + Article 7 The basic purpose of spatial planning is to harmonize the entire territory of economic, social, ecological and cultural policies, established at national and local level to ensure balance in the development of different areas of the country, aiming to increase the cohesion and efficiency of economic and social relations between them. + Article 8 The activity of spatial planning is carried out on the entire territory of Romania, based on the principle of hierarchy, economic, social and territorial cohesion and spatial integration, at national, regional and county level. --------- Article 8 has been amended by section 6.6. 2 2 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 1 1 ^ 2 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 9 The main objectives of the spatial planning are the following: a) balanced economic and social development of regions and areas, in compliance with their specificity; b) improving the quality of life of human beings and collectives; c) management in the spirit of sustainable development of the landscape, the basic component of natural and cultural heritage and natural resources; --------- Lit. c) of art. 9 9 has been amended by section 4.2 3 3 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. d) rational use of the territory, by limiting the uncontrolled expansion of localities and the preservation of fertile agricultural land; --------- Lit. d) of art. 9 9 has been amended by section 4.2 3 3 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. e) conservation and development of cultural diversity. ------------- Lit. e) of art. 9 9 was introduced by section 4.2. 3 3 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. + Section 2 Urbanism + Article 10 Urbanism is mainly aimed at stimulating the complex evolution of localities, by developing and implementing spatial development strategies, sustainable and integrated, in the short, medium and long term. --------- Article 10 has been amended by section 10. 4 4 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 2 2 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 11 The urbanism activity includes all the localities of the country, organized in the network, based on their balanced hierarchy and distribution in the territory. The application of the objectives envisages the entire administrative territory of cities and communes or areas thereof. + Article 12 Urbanism aims to establish the directions of spatial development of urban and rural localities, in accordance with their economic, social, cultural and territorial potential and the aspirations of the inhabitants. --------- Article 12 has been amended by section 4.2. 4 4 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 2 2 ^ 2 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 13 The main objectives of the urbanism activity are the following: a) improving living conditions by eliminating malfunctions, providing access to infrastructure, public services and affordable housing for all residents; b) creating the conditions for meeting the special requirements of children, the elderly and persons with disabilities; c) efficient land use, in accordance with appropriate urban functions; controlled expansion of built-up areas; d) protection and enhancement of the cultural heritage built and natural; e) ensuring the quality of the built, arranged and planted framework in all urban and rural areas; f) protection of localities against natural disasters. + Section 3 Spatial planning and urban planning activities Territorial development strategy, spatial planning and urban planning activities --------- Title of Section 3 of the Cap. II has been amended by section 2 2 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 14 (1) The main activities of spatial planning and urbanism consist in the transposition of strategies, policies and programs of sustainable development in territorial aspect, as well as the pursuit of application to them in accordance with the legally approved legal documentation. (2) Strategies, policies and programs of sustainable development in territorial aspect, provided in par. (1), is based on the Territorial Development Strategy of Romania *). (3) Romania's territorial development strategy is the long-term programmatic document through which Romania's territorial development guidelines are established, based on a strategic concept, as well as the implementation directions for a the time period of more than 20 years, at regional, inter-regional, national scale, with the integration of relevant cross-border and transnational aspects. --------- Alin. ((3) of art. 14 14 has been amended by section 2 2 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 460 of 3 July 2009, amending section 3 3 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. (4) In the implementation process, Romania's territorial development strategy is based on: a) the territorial public policy system, in accordance with the objectives of Romania's territorial development strategy and developments in the field at European Union level; b) the methodology for prioritizing projects, so that public investments arising from Romania's Territorial Development Strategy are considered public investments of national interest; c) national system for observing territorial dynamics, elaboration of territorial development scenarios, evaluation of territorial impact of policies and on systems of technical foundation of decisions in territorial development; d) the creation of interinstitutional, cross-sectoral and territorial partnerships for the promotion and implementation of strategic projects for territorial cohesion. (5) The methodology provided in par. ((4) lit. b) is approved by Government decision. --------- Article 14 has been amended by section 4.2. 3 3 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 14 ^ 1 In the elaboration of Romania's territorial development strategy, the strategic principles regarding: a) the connection of national territory to the European and intercontinental network of development poles and transport corridors; b) development of network of localities and structuring of urban functional areas; c) promoting urban-rural solidarity and the proper development of different categories of territories; d) strengthening and developing the network of interregional links; e) protection, promotion and valorisation of natural and cultural heritage. --------- Article 14 ^ 1 has been introduced by item 1. 4 4 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 15 The activities of spatial planning and urbanism have as their object: a) research in the field of spatial planning and urbanism and elaboration of studies to substantiate the strategies, policies and documentation of spatial planning and urbanism; b) the establishment, maintenance, extension and development of standardised and compatible urban and territorial database, including in accordance with the INSPIRE directive transposed by Government Ordinance no. 4/2010 on the establishment of national infrastructure for spatial information in Romania, approved with amendments and additions Law no. 190/2010 ; c) elaboration of strategies, policies and programs of urban and territorial development; d) elaboration of the spatial planning documentation; e) elaboration of urban planning documentation; f) management of spatial planning and urban planning documentation; g) elaboration of normative or normative acts in the field; h) monitoring and control on the implementation of strategies, policies, programmes and operations of spatial planning and urban planning. ---------- Article 15 has been amended by section 6.6. 3 3 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 16 In order to provide the specialized personnel necessary for the smooth running of the territorial and urban planning activities the Ministry of Regional Development and Housing cooperates with other specialized bodies of the administration central public, with higher education institutions and with professional organizations in the field, for the organization and conduct of professional training programs, specialization and continuous improvement. ------------ Article 16 has been amended by section 4. 1 1 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of July 3, 2009, by replacing the name "Ministry of Development, Public Works and Housing" with the name "Ministry of Regional Development and Housing". + Chapter III Tasks of the public administration + Section 1 Central public administration tasks + Article 17 The activity of spatial planning and urban planning at national level is coordinated by the Government, which establishes, based on national development strategies, guidelines, sectoral policies, programs and priority projects. --------- Article 17 has been amended by section 6.6. 5 5 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 4 4 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 18 (1) The Ministry of Regional Development and Housing is the authority of the central public administration for territorial planning, spatial planning and urbanism, having in this capacity the following tasks: ------------ The operative part of par. ((1) of art. 18 18 has been amended by section 4.2 1 1 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of July 3, 2009, by replacing the name "Ministry of Development, Public Works and Housing" with the name "Ministry of Regional Development and Housing". a) elaboration, under the coordination of the Prime Minister, of Romania's territorial development strategy and of public policies in accordance with its objectives; --------- Lit. a) art. 18 18 has been amended by section 4.2 5 5 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. b) elaboration of sections of the National Spatial Planning Plan; --------- Lit. b) a par. ((1) of art. 18 18 has been amended by section 4.2 6 6 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 4 4 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. c) elaboration of the Regional Area Planning Plan, structured in sections for each development region, which substantiates the regional development plans; --------- Lit. c) a par. ((1) of art. 18 18 has been amended by section 4.2 6 6 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 4 4 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. c ^ 1) the initiation and coordination of the elaboration or updating of the spatial planning and urban planning documentation for the areas comprising historical monuments inscribed in the World Heritage List; ---------- Lit. c ^ 1) was introduced by item 4 4 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. c ^ 2) identification, delimitation and establishment by decision of the Government, in consultation with the authority of the central public administration responsible for the environment, of the responsible one in the field of national culture and heritage, as the case may and of the local public administration authorities, of the territories with remarkable value through their character of uniqueness and landscape coherence, territories having particular value in terms of architecture and natural heritage or built or being testimonials of life, housing or activity modes and traditions industrial, artisan, agricultural or forestry; --------- Lit. c ^ 2) was introduced by section 4.2. 5 5 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. c ^ 3) the preparation of the framework regulation of urbanism, architecture and landscape, which is approved by Government decision and is subsequently detailed by the general urban plans, for the territories identified in lett. c ^ 2), with a view to preserving and highlighting them and preserving local identity; ---------- Lit. c ^ 3) was introduced by item 4 4 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. 4) repealed; --------- Lit. c ^ 4) a par. ((1) of art. 18 18 has been repealed by section 6.6. 7 7 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 5 5 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. c ^ 5) the initiation of plans for the development of regional zoning territory that fundamentally substantiate regional development plans; ---------- Lit. c ^ 5) a par. ((1) of art. 18 18 was introduced by section 4.2. 5 5 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. d) elaboration of the general urban planning regulation; e) the approval of draft normative acts related to the activity of spatial planning and urbanism; f) collaboration with the ministries, as well as with the other bodies of the central public administration, for the foundation, in terms of spatial planning and urbanism, of the sectoral strategic programs; g) collaboration with regional development councils, county councils and local councils, and the pursuit of how government programmes, the Territorial Development Strategy and its guidelines apply, plans for spatial planning and urbanism, at regional, county and local level. --------- Lit. g) art. 18 18 has been amended by section 4.2 5 5 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. h) the approval of the spatial planning and urban planning documentation, according to the competences established by this law. (2) In order to ensure the coherence of regional development measures in the development of the national territory, the Ministry of Regional Development and Housing: ------------ The operative part of par. ((2) of art. 18 18 has been amended by section 4.2 1 1 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of July 3, 2009, by replacing the name "Ministry of Development, Public Works and Housing" with the name "Ministry of Regional Development and Housing". a) will appoint a representative to the National Council for Regional Development; b) will designate a representative without the right to vote, who will be part of the councils for regional development; c) will delegate from its own structures, for regional development agencies, at least one specialist in spatial planning and urbanism. -------------- Article 18 has been amended by section 6.6. 5 5 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. + Article 19 (1) In the performance of his duties the Ministry of Regional Development and Housing shall use synthesis information at national level from all fields of economic and social activity. (2) The ministries and other bodies of the central public administration are obliged to provide to the Ministry of Regional Development and Housing, upon request, the necessary information for the development of the activity of spatial planning and urbanism. ------------ Article 19 has been amended by section 6.6. 1 1 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of July 3, 2009, by replacing the name "Ministry of Development, Public Works and Housing" with the name "Ministry of Regional Development and Housing". + Article 20 The Ministry of Regional Development and Housing can ask local public administration authorities to develop or modify a documentation of urban planning or landscaping, in order to deepen, detail or apply some provisions contained in the sectoral strategic programs of the Government, as well as to respect the general interests of the ------------ Article 20 has been amended by point 1 1 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of July 3, 2009, by replacing the name "Ministry of Development, Public Works and Housing" with the name "Ministry of Regional Development and Housing". + Section 2 Tasks of county public administration authorities --------- Title of Section 2 of the Cap. III has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 21 The county council coordinates the activity of landscaping and urban planning at the county level, according to the law. + Article 22 (1) The county council establishes the general guidelines on spatial planning and organization and urban development of localities, by initiating and approving the plans for the arrangement of the county and zonal territory. In order to ensure the coherent and uniform transposition of the provisions of the territorial planning documentation approved at the level of the localities, provide specialized technical assistance to the local councils. --------- Alin. ((1) of art. 22 22 has been amended by section 8 8 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 6 6 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (2) The county council, through the institution of chief architect of the county, ensures: a) the takeover of the provisions contained in the plans for the arrangement of the national, regional and zonal territory, as well as the priority investments of national, regional or county interest, within the framework of the spatial planning and urban planning documentation for administrative territories of localities in the county; b) elaboration of the Plan for the arrangement of the county territory and the zoning plans for the landscaping that are of county interest; c) approval of urban planning and landscaping documentations belonging to administrative-territorial units in the county, according to Annex no. 1. --------- Alin. ((2) of art. 22 22 has been amended by section 8 8 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 6 6 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (3) In the activity of spatial planning and urbanism the county councils are supported by the Ministry of Regional Development and Housing, as well as by other ministries and bodies of the central public administration. ------------ Alin. ((3) of art. 22 22 has been amended by section 1 1 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of July 3, 2009, by replacing the name "Ministry of Development, Public Works and Housing" with the name "Ministry of Regional Development and Housing". + Article 23 The county council can ask the local councils to develop or update a documentation of spatial planning or urbanism, in order to ensure the application of some provisions contained in the county development programs; is transmitted to the local council, accompanied by the exposure of the reasons behind the decision of the county council and the deadline for the elaboration or modification of the documentation. + Article 24 (1) In the performance of his duties in the field of spatial planning and urban planning, the county council uses summary information at the county level in all fields of economic and social activity. (2) The ministries and other bodies of the central public administration are obliged to provide free of charge to the county and local public authorities information from their fields of activity for the territory of the respective county, and the councils local authorities are obliged to provide information on the economic and social development and urban development of the localities. + Article 24 ^ 1 The president of the county council, through the structure within the specialized apparatus of the county council headed by the chief architect, has the following tasks in the field of spatial planning and urbanism a) ensure the elaboration of draft territorial development strategies and submit them to the approval of the county council; b) ensure the elaboration of plans for the arrangement of the county c) proposes the association, under the law, of the county with the communes and the interested cities and coordinates the elaboration of the plans for the arrangement of the area d) submit to the approval of the county council, based on the technical reference of the chief architect, the spatial planning documentation; e) act for the observance and implementation of the provisions of the approved landscaping documentation. ----------- Art. 24 ^ 1 was introduced by item 1. 7 7 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Section 3 Tasks of local public administration authorities ---------- Title of Section 3 of the Head. III has been amended by section 8 8 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 25 (1) The local council coordinates and responds to the entire urban planning activity carried out on the territory of the administrative-territorial unit and ensures compliance with the provisions contained in the approved spatial planning and urban planning documentation, for the realization of the urban development program of the components of the commune or the city. (2) The local council cooperates with the county council and is supported by it in the activity of spatial planning and urbanism. + Article 26 The local council cooperates in the process of drawing up the urban development program of localities and with institutions, economic agents, non-governmental bodies and organizations of national, county or local interest. + Article 27 (1) In carrying out its tasks in the field of spatial planning and urban planning, the local council shall use information from all fields of economic and social activity. (2) The decentralised public services of ministries and other central bodies, economic agents, bodies and non-governmental organisations operating at local level are required to provide free of charge the information necessary to carry out the activity of spatial planning and urban planning at local level. + Article 27 ^ 1 The Mayor/General Mayor of Bucharest, through the structure responsible for the urbanism led by the chief architect of the specialized apparatus, has the following tasks in the field of urbanism: a) ensure the development of projects of urban and territorial development strategies and submit them to the approval of the local/general council; b) ensure the elaboration of urban plans under the competence of local public authorities, in accordance with the law; c) submit to the approval of the local council/General Council of the Municipality of Bucharest, based on the technical reference of the chief architect, the urban planning documentation, regardless of the initiator; d) act for the observance and implementation of the provisions of approved urban planning documentation. ---------- Article 27 ^ 1 has been introduced by item 9 9 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Section 4 Urbanism Certificate + Article 28 The application of the approved spatial planning and urban planning documentation shall be ensured by issuing the urbanism certificate. + Article 29 (1) The urbanism certificate is the compulsory information act by which the authority of the county or local public administration makes known the legal, economic and technical regime of the buildings and the necessary conditions in order to achieve investments, real estate transactions or other real estate operations, according to the law. (2) The urbanism certificate must be issued for the auctioning of the works of design and execution of public works, as well as for the preparation of cadastral documentation of merging, respectively the dismantling of land in the A little 3 plots, when the respective operations have as object dividing or comasars of plots requested for the purpose of carrying out construction and infrastructure works, as well as the establishment of a service of passage on a building. In the case of sale or purchase of buildings, the urbanism certificate includes the information on the urban consequences of the legal operation, the request of the urbanism certificate when the operations of dividing or merging are the object of exit from the indivision is optional, except for the situation in which the request is made in order to carry out construction works and/or infrastructure works. ---------- Alin. ((2) of art. 29 29 has been amended by art. unique from LAW no. 221 221 of 29 November 2011 , published in MONITORUL OFFICIAL no. 853 853 of 2 December 2011. (3) The urbanism certificate shall be issued at the request of any applicant, natural or legal person, who may be interested in the knowledge of the data and of the regulations to which the immovable property is subject. (4) The urbanism certificate does not confer the right to execute the construction, arrangement or planting works. (5) In the urbanism certificate, the purpose of issuing it shall be indicated. (6) The urbanism certificate for special destinations shall be issued under and in compliance with the documentation related to the military objectives, developed and approved by the Ministry of National Defence, the Ministry of Administration and Interior, The Romanian Intelligence Service, the Foreign Intelligence Service, the Special Telecommunications Service and the Protection and Guard Service, as the case may be, based on the opinion of the Ministry of Regional Development and Housing. ------------ Alin. ((6) of art. 29 29 has been amended by section 1 1 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of July 3, 2009, by replacing the name "Ministry of Development, Public Works and Housing" with the name "Ministry of Regional Development and Housing". + Article 30 For the same plot, several urbanism certificates can be issued, but their content, based on the spatial planning and urban planning documentation, and the other regulations in the field must be the same for all applicants. To this end, it is not necessary to request the property deed on the property, in order to issue the urbanism certificate. + Article 31 The urbanism certificate shall include the following elements: a) the legal regime of the property-the ownership of the property and servituseful public utility that encumbered on it; the location of the property-land and/or the related constructions-in the intravilan or extravilan; provisions of urban planning documentations that establish a special regime on the building-protected areas, permanent or temporary building bans-if it is inscribed in the List of historical monuments in Romania and on which, in the case of sale, it is necessary to exercise the right of pre-emption of the state according to as well as others provided by law. Information on ownership and its dismantling will be taken from the land register, according to the land book extract for information; b) the economic regime of the real estate-the current use, the extract from the local urban planning regulation related to the urban plan in force at the date of issue, regarding permitted or prohibited functions, fiscal regulations specific to the locality or area; c) the technical regime of the building-extracted from the local regulation related to the urban planning documentation approved in force, with the specification of the urban planning documentation in force on the date of issue, the number of the approval decision and, as the case may be, the period of validity, percentage of land occupancy, land use coefficient, minimum and maximum dimensions of parcels, equipping with utilities, edificable admitted on plot, traffic and pedestrian and car accesses, necessary parking, alignment the land and construction of the streets adjacent to the land, minimum height and maximum permissible; d) the regime of updating/modifying the urban planning documentation and the related local regulations-if the intention does not fall within the provisions of the approved urban planning documentation, informing the applicant about: 1. impossibility of changing the provisions of approved documentation 2. the need to obtain an opportunity notice under the present law; 3. the possibility of developing a modifier urbanism documentation, without an opportunity notice under this law. --------- Article 31 has been amended by section 6.6. 9 9 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 9 9 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 31 ^ 1 (1) The right of construction is granted according to the legal provisions, in compliance with urban planning documentation and related local urban planning regulations, approved according to this law. ((2) The change of the legal, economic or technical regime of the land, according to the law, can be conditioned by providing access routes, public facilities and technical equipment necessary for the coherent operation of the area. (3) In the case of plots with irregular geometries, incompatible with the structure and parameters of the area projected through the urban planning or planning documentation, the change of the legal, economic or technical regime of the land, according to the law, may be subject to the modification of the limits of the respective plots, with the consent of the owners, by reconfiguring them on the basis of a zonal urban plan, approved according to the law, with the subsequent update of the cadastral plan of Real estate advertising, respectively land book records. (4) When issuing the building permit by the competent public authority, in addition to the provisions of urban planning documentation and their local urban planning regulations, the following aspects will be considered: a) the existence of a risk of security, human health or the failure to meet the minimum sanitation conditions; b) the presence of archaeological vestiges. The competent authorities issue the Certificate of Archaeological Pregnancy discharge or establish restrictions by the issued opinion, within 3 months from the submission by the beneficiary/financier of the Archaeological Research Report, elaborated after completing research; c) the existence of the risk of violation of environmental protection rules; d) the existence of the risk of negatively affecting the built heritage, natural heritage or valuable landscapes-recognized and protected according to the law e) the existence of natural flood risks or landslides; f) highlighting natural and/or anthropogenic risks that were not taken into account on the occasion of the elaboration of urban planning documentation previously approved for the respective territory. (5) For the land passed into the building under the provisions of the General Urban Plan, it is not necessary to remove from the agricultural circuit. --------- Alin. ((5) of art. 31 ^ 1 was introduced by section 1. 3 3 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of 3 July 2009, which completes the section 8 8 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. --------- Art. 31 ^ 1 was introduced by item 1. 8 8 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 31 ^ 2 Based on the provisions of the General Urban Plan, the building permits are issued directly for the areas for which there are regulations on the legal, economic and technical regime of buildings, contained in the Local Urban Planning Regulation-R.L.U., related thereto. --------- Article 31 ^ 2 has been introduced by item 8 8 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 31 ^ 3 The areas on which a certain protection or prohibition regime was established, which cannot be sufficiently regulated by the General Urban Plan, will be highlighted/delimited within it in order to detail through area urban plans. -------- Art. 31 ^ 3 was introduced by item 8 8 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 32 (1) If the application for the issuance of the urbanism certificate is requested a change from the provisions of the urban planning documentation approved for that area or if the specific conditions of the site or the nature of the objectives of investments impose it, the local public authority has the right, as the case may be, by the urbanism certificate: a) to justifiably reject the request for modification of the provisions of approved urban planning documentation; b) to condition the authorization of the investment for the elaboration and approval by the competent local public authority of a zonal urban plan; c) to condition the authorization of the investment of approval by the competent public authority of a zonal urban plan, developed and financed through the care of interested individuals and/or legal entities, only on the basis of a prior notice of opportunity drawn up by the specialized structure led by the chief architect and approved, as the case may be, -by the mayor of the -by the general mayor of Bucharest; -by the president of the county council, with the prior opinion of the mayor of the interested localities, only if the regulated territory involves at least two administrative-territorial units; d) to request the elaboration of a detailed urban plan; e) allow the preparation of the technical documentation for the building permit, without the elaboration of an urban planning documentation, in the situation of construction on a plot within a pre-existing front, in which the buildings on the adjacent plots have the same height regime with the requested one. (2) In the absence of the existence of the mentioned specialized structures, the opportunity notice will be issued by the structures responsible for urbanism within the county councils and approved by the president of the county council (. The opportunity notice shall be issued on the basis of a written request containing the following: a) written parts, respectively explanatory technical memo, which will include the presentation of the proposed investment/operation, the proposed indicators, the way of its integration in the area, the presentation of economic and social consequences at the level of the territorial reference, the categories of costs to be borne by private investors and the categories of costs to be charged to the local public authority; b) drawn pieces, namely framing in the area, topographic/cadastral plan, with the study area, the proposed concept-plan of situation with the presentation of functions, of the neighbors, the way of ensuring access and utilities. (. The notice of opportunity shall determine the following: a) the territory to be regulated by the Zonal Urban Plan; b) functional categories of development and possible servitude; c) mandatory urban indicators-minimum and maximum limits; d) the necessary public interest facilities, the provision of access, parking, utilities; e) the permitted transport capacities. (5) In the situation referred to in par. ((1) lit. b) and c) the following changes may be made to the regulations of the General Urban Plan: a) by the Zonal Urban Plan new regulations are established regarding: the building regime, the function of the area, the maximum permissible height, the land use coefficient (CUT), the percentage of land occupancy (POT), the withdrawal of the front buildings of alignment and distances from the lateral and rear limits of the plot; b) by the detailed urban plan, regulations on car and pedestrian accesses are established, withdrawals from the side and rear limits of the plot, the architectural-volumetric conformation, the way of the land occupancy, the design public spaces, as the case may be, regulations contained in urban illustration, an integral part of the urban planning documentation. (6) After the approval of the zonal urban plan or, as the case may be, of the detailed urban plan, the technical documentation may be drawn up in order to obtain the building permit. (7) The modification by zoning urban plans of areas of a territorial reference unit, established by regulations approved by the General Urban Plan, can be financed by legal and/or physical persons. In this situation, the land use coefficient (CUT) proposed by the new regulation will not be able to exceed that originally approved by more than 20%, only once. (8) The provisions of par. (7) regarding the land use coefficient does not apply to the area urban plans for areas of economic interest, namely the establishment of industrial parks, technological parks, superstores, hyperstores, parks commercial, service areas and the like. (9) Area urban plans for areas built protected in their entirety cannot be modified by other urban plans than those elaborated by the local public authorities. (10) By exception to the provisions of par. (9), urban planning documentation elaborated on the basis of an opportunity notice, initiated by natural and legal persons, containing changes to urban indicators within the limit of a maximum of 20% and which does not modify the general character of the area, are admitted. --------- Article 32 has been amended by section 4.2. 10 10 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 10 10 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 33 (1) The urbanism certificate is issued by the same authorities of the local public administration which, according to the competences established by the legislation in force, issue the building permits. (2) The urbanism certificate shall be issued to the applicant no later than 30 days from the date of registration of its application. (3) The duration of validity of the urbanism certificate is established by the issuer according to the law, in relation to the importance of the area and the investment. + Article 34 The issuance of incomplete urbanism certificates, with erroneous data or with non-compliance with the provisions contained in the approved urban planning documentation attracts disciplinary, administrative, contravention, civil or criminal liability, as the case may be, according to Law. + Section 5-a Institutional structure + Article 35 (1) The activity of spatial planning and urban planning at national level is coordinated by the Ministry of Regional Development and Tourism. (2) The control of the state regarding the application of the provisions contained in the spatial planning and urban planning documentation, approved and approved according to the law, is provided by the State Inspectorate in Construction, as well as by the institution of the chief architect. --------- Alin. ((2) of art. 35 35 has been amended by section 11 11 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 11 11 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (3) In this regard, the specialized directorates of the Ministry of Regional Development and Tourism, the State Inspectorate of Construction and the chief architects of the counties collaborate permanently in order to carry out the provisions of par. ((2). ----------- Article 35 has been amended by section 6.6. 11 11 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 35 ^ 1 (1) In order to substantiate the decisions to endorse the spatial planning, urban planning and architecture documentation of the Ministry of Regional Development and Housing, the National Territorial Development Commission, scientific body, consultative, without legal personality, made up of civil servants and certified specialists in the field. (2) The National Territorial Development Commission has the following main tasks: a) analyzes and proposes to endorse the documentation of spatial planning and urbanism, according to the law; b) supports the development of training programs for specialists, as well as curricula and specialization in related fields. (3) The composition of the Commission and the organization and functioning regulations shall be approved by order of the Minister for Regional Development and Housing. ((4) Abrogat. --------- Alin. ((4) of art. 35 ^ 1 was repealed by section 1. 12 12 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. --------- Article 35 ^ 1 has been amended by section 1. 5 5 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 460 of 3 July 2009, amending section 10 10 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 36 (1) Within the specialized apparatus of the county council, respectively within the specialized apparatus of the mayor/general mayor of Bucharest, it is organized and operated, according to the law, specialized structures in the field of spatial planning and urbanism. In the case of counties and municipalities the responsible structure is organized as a general direction or direction, in the case of cities the responsible structure is organized as direction or service, in the case of communes the responsible structure is organized at Compartment level. (2) The leader of the specialized structure within the county councils or town halls has the status of chief architect and represents the technical authority in the field of spatial planning and urbanism within the public administration county and local. (3) The chief architect carries out an activity of public interest, whose main goals are the sustainable development of the community, the coordination of territorial development activities, spatial planning and urbanism, the protection of heritage and architectural quality at the level of the administrative-territorial unit. (4) The chief architect may not be subordinated to another public official within the specialized apparatus of the president of the county council or the mayor, regardless of the type of structure he leads, general direction, direction or service. (5) In their activity, the chief architects are supported by the Technical Commission for Spatial Planning and Urbanism, a commission with an advisory role that ensures the specialized technical foundation in order to make decisions. (6) The chief architects shall cooperate permanently with the specialized directorates of the Ministry of Regional Development and Tourism in order to transpose sustainable development guidelines at national level, sectoral policies, programs national and priority projects. (7) The chief architect of the city of Bucharest convenes monthly and whenever necessary the chief architects of the sectors for the communication and correlation of decisions, within the limits of the law, in order to ensure the coherence of the development of the territory, protecting heritage values and urban and architectural quality. The meetings consider how the decisions of the General Council of Bucharest and local councils on the approval of development strategies and urban planning plans are carried out and mutual briefings are presented. regarding the activity in the field of urbanism and construction authorization at the level of the sectors, considering the correlation of activities in the field. --------- Alin. ((7) of art. 36 36 has been amended by section 12 12 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 13 13 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ((8) Abrogat. --------- Alin. ((8) of art. 36 36 has been repealed by section 6.6. 13 13 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 13 13 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (9) In order to professionalize and ensure the specialized structures necessary for coherent and sustainable development, the communes that cannot ensure the organization of the specialized structure in the field of spatial planning and urbanism within the framework the apparatus may form associations of inter-community development, constituted under the law, together with other communes or with cities, in order to ensure the joint provision of public services on urban and territorial planning, urban planning certificates and building permits. (10) For communes not belonging to an intercommunity development association, established under the law, in order to jointly provide public services on urban and territorial planning, the issue of urban planning certificates and building permits, the duties of the chief architect will be fulfilled by a public official from the specialized apparatus of the mayor, graduate of the specialized professional training courses in the field of design the territory, urbanism and building permits, organized by public institutions with attributions in the field, in collaboration with the Romanian Register of Urbanists --------- Alin. ((10) of art. 36 36 has been amended by section 14 14 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 13 13 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (11) If this requirement is not met, the duties will be carried out by the specialized structure at the county level, on the basis of convention. (12) The specialized structure led by the chief architect of the county, of the city of Bucharest, of the municipality or of the city meets the following main a) initiates, technically coordinates the elaboration, endorses and proposes for approval the urban territorial development strategies, as well as the spatial planning and urban planning documentation; b) convenes and ensures the debate of the works of the Technical Commission for the development of the territory c) prepare, verify from a technical point of view and propose the issuance of opportunity notices, urban planning certificates and building permits; d) aims to implement urban development strategies and urban policies, as well as spatial planning and urban planning documentation; e) ensure the management, record and updating of urban planning and planning documentation; e ^ 1) periodically submit to the Ministry of Regional Development and Public Administration the situations regarding the record and updating of the spatial planning and urban planning documentation; --------- Lit. e ^ 1) a par. ((12) of art. 36 36 was introduced by section 4.2. 15 15 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 13 13 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. f) organizes and coordinates the establishment and development of banks/urban databases; g) coordinates and ensures public information and the process of debate and consultation of the public in order to promote the documentation in its management; h) participates in the development of integrated development plans and endorses them from the point of view of compliance with the approved territorial planning and urban planning documentation; i) endorses public investment projects from the point of view of compliance with approved territorial planning and urban planning documentation. --------- Article 36 has been amended by section 6.6. 13 13 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 36 ^ 1 The position of chief architect is occupied, under the law, by a public official, a specialist certified by the Register of Urbanists in Romania, having the professional band as follows: a) of diplomat architect or diplomat urbanist, architect or urban planner with bachelor and master or postgraduate studies in the field of urbanism and spatial planning, at the level of counties, county seat municipalities, municipality Bucharest and the sectors of Bucharest; b) of diplomat architect, diplomat urbanist, graduate or urban planner with bachelor and master or postgraduate studies in the field of urbanism and spatial planning, at the level of the municipalities; c) of diplomat architect, diplomat urbanist, architect or urban engineer or urban engineer and engineer in the field of master graduate or postgraduate studies in the field of urban planning and landscaping, graduate of courses of continuous professional training in the field of spatial planning, urbanism and construction authorization, organized according to art. 36 36 para. ((10), in cities; d) of diplomat architect, diplomat urbanist or conductor architect, engineer or subengineer in the field of construction, graduate of specialized professional training courses in the field of spatial planning, urbanism and construction authorization, organized according to art. 36 36 para. (10), at the level of the communes. --------- Art. 36 ^ 1 has been amended by section 6.6. 16 16 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 14 14 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 37 (1) In order to improve the quality of the decision on sustainable spatial development, in the coordination of the presidents of the county councils and mayors of municipalities and cities, respectively of the general mayor of Bucharest, The technical commission for spatial planning and urbanism, as an advisory body with powers of analysis, technical expertise and consultancy, which ensures the technical foundation of the chief architect's opinion. --------- Alin. ((1) of art. 37 37 has been amended by section 15 15 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (1 ^ 1) The members of the commission are certified specialists in the field of urbanism, architecture, historical monuments, archaeology, as well as in the field of sociology, economy, geography, construction engineers, urban network engineers, transport. -------- Alin. ((1 ^ 1) of art. 37 37 has been introduced by section 16 16 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (1 ^ 2) The technical commission for the arrangement of the territory and urbanism at the level of the county councils and the municipalities shall technically substantiate the issuance of the opinion of the chief architect. --------- Alin. ((1 ^ 2) of art. 37 37 has been amended by section 17 17 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 16 16 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (1 ^ 3) The opinion of the chief architect is a technical opinion that is not subject to the deliberation of the county council/local council/General Council of Bucharest, as the case may be --------- Alin. ((1 ^ 3) of art. 37 37 has been amended by section 17 17 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 16 16 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (2) The technical commission for spatial planning and urbanism consists of specialists in the field of spatial planning and urbanism, the secretariat of the commission being provided by the specialized structure subordinated to the chief architect. -------------- Alin. ((2) of art. 37 37 has been amended by section 7 7 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. (3) The nominal component of the Technical Commission for the spatial planning and urban planning and the operating regulations shall be approved by the county council, the municipal city council, the city, respectively by the General Council of Bucharest, at the proposal of the president of the county council, of the mayor, respectively of the general mayor of Bucharest, based on the recommendations of the professional associations in the field of territorial planning, urban planning, higher education and the chief architect. -------------- Alin. ((3) of art. 37 37 has been amended by section 7 7 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. (4) The technical commission for spatial planning and urban planning shall technically substantiate the decision of the specialized structure within the local authority, designated to issue the opinion for the spatial planning documentation and urbanism, as well as for basic studies or prior research, according to the existing competences, established by the regulations in force for the Technical Commission for the arrangement of territory and urbanism. --------- Alin. ((4) of art. 37 37 has been amended by section 6 6 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of 3 July 2009, which supplements art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008, with point 10 10 ^ 1. ((5) Abrogat. --------- Alin. ((5) of art. 37 37 has been repealed by section 6.6. 17 17 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (6) At the approval meetings of the Technical Commission for the arrangement of the territory and urbanism, the members who have the status of author of the documentation-projects, subject to approval, cannot participate in the decision. + Article 38 (1) The documentation of spatial planning and urbanism shall be signed by specialists with the right of signature. (2) The right of signature is granted by the Register of Urbanists of Romania, which is established as an autonomous public institution, with legal personality, with attributions in the field of spatial planning and urbanism, fully financed from own income, made up of the attestation or examination rates in order to acquire the right of signature, to register in the Register of Urbanists in Romania and to exercise the right of signature, from tariffs related to the other activities conducted in the exercise of legal powers, as well as other legal sources. (3) The specialists with the right of signature are registered in the National Picture of Urbanists, which is managed by the Register of Urbanists in Romania. (4) The Romanian Register of Urbanists also performs the following tasks: a) adopt the Regulation on the acquisition of the right of signature for territorial and urban planning documentation and the Regulation on the organization and functioning of the Register of Urbanists in Romania, with the opinion of the Ministry Regional Development and Public Administration; b) within the control of the activity carried out by the specialists with the right of signature in the exercise of that right, collaborate with any other bodies and institutions in law, at central or local level, including by transfer of information relevant; c) organize continuous training courses in the field of spatial planning and urbanism; d) elaborates studies, researches, analyses in order to substantiate draft normative acts, norms, procedures, codes, other regulations in the field of spatial planning and urbanism, including in cooperation with public administration bodies central and/or local, with their specialized structures in the field, as well as with their associative structures; e) elaborates and approves the orientative regulation of organizing and conducting solutions of solutions in the field of urbanism, landscape and spatial planning, in collaboration with the Order of Architects of Romania; f) elaborates the draft of the status of the urban profession, cooperating for this purpose with associative structures of the profession; g) has competence regarding the organization and conduct of the examination for the acquisition of the quality of extrajudicial technical expert in the field of spatial planning and urbanism; h) designate specialists with the right of signature to be part of the examination/testing/interviewing committee of candidates for the acquisition of the quality of judicial technical expert in the specialization of urbanism and spatial planning; i) designates, at the request of the organizers of the competitions, specialists in the commissions for the award of public tenders for competitions, studies and documentation of urbanism and spatial planning. (5) Regulations provided in par. ((4) lit. a) and e), as well as the status provided in lett. f) shall be published in the Official Gazette of Romania, Part I. --------- Article 38 has been amended by section 6.6. 18 18 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 17 17 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Chapter IV Documentation of spatial planning and urban planning + Section 1 Definitions and purpose + Article 39 (1) For the purposes of this law, through the spatial planning and urban planning documentation, the spatial planning plans, the urban planning plans, the General Urban Planning Regulation and the local urban planning regulations, approved and approved, are understood. under this law. (2) The spatial planning documentation includes proposals with a director character, and the urban planning documentation includes operational regulations. (3) The proposals with a director character set out the main strategies and directions of evolution of a territory at various levels of complexity. They are detailed by specific regulations within the limits of the administrative territories of cities and communes. (4) The provisions of a director character contained in the approved landscaping documentation are mandatory for all public administration authorities, and those with a regulatory character, for all natural and legal persons. + Section 2 Documentation of spatial planning + Article 40 The spatial planning documentation is as follows: a) National Territory Planning Plan; b) Plan of arrangement of the zonal territory; c) Plan of arrangement of the county territory. + Article 41 (1) The plan for the arrangement of the national territory has a director character and represents the synthesis of sectoral strategic programs in the medium and long term for the entire territory of (2) The plan for the arrangement of the national territory is composed of specialized sections. (3) The provisions of the Plan for the arrangement of the national territory and its sections become mandatory for the other plans for the arrangement of the territory that details them. (4) The sections of the National Spatial Planning Plan are: Communication, Ape, Protected Areas, Locality Network, Natural Risk Areas, Tourism, Rural Development. Other sections can be approved by law. + Article 42 (1) The plan for the arrangement of the county territory has a director character and represents the spatial expression of the socio-economic development program of the county. The plan for the arrangement of the county territory is correlated with the National Territory Planning Plan, with the Zonal Territory Planning Plan, with the sectoral government programs, as well as with other development programs. (2) The provisions of the County Planning Plan become mandatory for the other planning and urban planning plans that detail them. (3) Each county must hold the Plan for the arrangement of the county territory and periodically reupdate it, at 5-10 years, depending on the policies and development programs of the county. + Article 43 The zoning plan of the zonal territory has a director role and is carried out in order to solve specific problems of some territories. These territories may be: a) intercommunal or intercity, composed of basic administrative-territorial units, communes and cities; b) intercounty, encompassing parts of counties or entire counties; c) regional, composed of several counties. ((2) Abrogat. ---------- Alin. ((2) of art. 43 43 has been repealed by section 6.6. 18 18 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 43 ^ 1 (1) In order to ensure coherent and sustainable development, the correlation of development priorities and the efficiency of public investments, the valorisation of natural and cultural resources, the local public administration authorities of the units administrative-territorial within urban agglomerations and metropolitan areas defined according to the law elaborates the territorial/metropolitan zoning territorial development strategy as integrated territorial planning documentation for substantiating general urban plans. (2) The strategy referred to in paragraph (1) shall be drawn up within the framework of a partnership consisting of representatives of the county council and of the local public administration authorities of the polarizing centre city, together with all the neighbouring communes, and, as the case may be, of representatives of the Ministry of Regional Development and Tourism. (3) The territorial/metropolitan zoning territorial development strategy shall be financed by the associated partners and/or the county council and approved by the county council, with the opinion of the periurban partnership. (4) For the localities of rank 1 and 2, the territorial territorial/metropolitan territorial development strategy of the territory and the urban/metropolitan area urban mobility plans shall be initiated by the county council or the city-centre polarizing. --------- Alin. ((4) of art. 43 ^ 1 has been amended by section 4.2 19 19 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 19 19 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (5) In the case of Bucharest, the initiation of the territorial/metropolitan zoning territorial development strategy can be made by the General Council of Bucharest, in partnership with the local public administrations involved, and by Ministry of Regional Development and Public Administration, under the law. --------- Alin. ((5) of art. 43 ^ 1 has been amended by section 4.2 19 19 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 19 19 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. --------- Art. 43 ^ 1 was introduced by item 19 19 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Section 3 Urban planning documentations + Article 44 (1) The urban planning documentation is the result of an urban planning process related to a determined territory, analysing the existing situation and setting out the objectives, actions, processes and development and development measures sustainable of the localities. The urban planning documents are elaborated by interdisciplinary collective made up of specialists certified under the law. --------- Alin. ((1) of art. 44 44 has been amended by section 20 20 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (2) The urban and rural urban planning documentations transpose the proposals contained in the plans for the arrangement of the national, zonal and county territory. (3) The urban planning documents have a specific regulatory character and establish rules that apply directly to the localities and parts thereof up to the level of the cadastral parcels, constituting mandatory fundamentals for issue of urban planning certificates. + Article 45 Urban planning documentations are as follows: a) The general urban plan and its related local regulation; b) Zonal urban plan and its related local regulation; c) The detailed urban plan. + Article 46 (1) The general urban plan has both director and strategic character and is the main operational planning tool, constituting the legal basis for the development of programs and development actions. Each administrative-territorial unit must update to a maximum of 10 years the General Urban Plan according to the predictable evolution of social, geographical, economic, cultural and local needs. --------- Alin. ((1) of art. 46 46 has been amended by section 20 20 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 21 21 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ((1 ^ 1) Abrogat. --------- Alin. ((1 ^ 1) of art. 46 46 has been repealed by section 6.6. 21 21 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 22 22 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ((1 ^ 2) Abrogat. --------- Alin. ((1 ^ 2) of art. 46 46 has been repealed by section 6.6. 21 21 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 22 22 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (1 ^ 3) The term of validity of the General Urban Plan is extended only once, on the basis of decision of the local council/General Council of the Municipality of Bucharest, until the entry into force of the new general urban plan, but without exceed 10 years from the date of exceeding the term of validity. ---------- Alin. ((1 ^ 3) of art. 46 46 has been amended by art. I of LAW no. 303 303 of 27 November 2015 , published in MONITORUL OFFICIAL no. 898 898 of 3 December 2015. ((1 ^ 4) Abrogat. --------- Alin. ((1 ^ 4) of art. 46 46 has been repealed by section 6.6. 23 23 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 22 22 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ((1 ^ 5) Abrogat. --------- Alin. ((1 ^ 5) of art. 46 46 has been repealed by section 6.6. 23 23 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 22 22 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (1 ^ 6) The update of the General Urban Plan represents the revision of the urban regulations, the proposed urban indicators and the provisions of the original plan by bringing them in line with the legislation in force, the development trends and the current socio-economic and environmental sustainable development requirements, as well as updating the list of investment projects necessary for the implementation of the development vision, based on specialized studies and the analysis of the degree of implementation of urban plans in force and their impact at the level the locality, if applicable. ---------- Alin. ((1 ^ 6) of art. 46 46 has been introduced by section 1 1 of art. unique from LAW no. 324 324 of 16 December 2015 , published in MONITORUL OFFICIAL no. 937 937 of 18 December 2015. ((1 ^ 7) Initiation of the measures to update the General Urban Plan or to extend the validity of the documentation in force is approved by decision of the Local Council/General Council of the Municipality of Bucharest, on the proposal the mayor/general mayor of Bucharest, based on the specialized reference of the chief architect. ---------- Alin. ((1 ^ 7) of art. 46 46 has been introduced by section 1 1 of art. unique from LAW no. 324 324 of 16 December 2015 , published in MONITORUL OFFICIAL no. 937 937 of 18 December 2015. (1 ^ 8) The justified proposal to update or extend the validity of the urban planning documentation is based on the analysis of available statistical information on economic, social and territorial dynamics, based on studies existing specialty, as well as in relation to local, county and/or national development strategies and programs approved and endorsed: a) by the Ministry of Regional Development and Public Administration, for the municipalities and for administrative-territorial units in their functional areas; b) by county councils, for cities and communes, other than those provided in lett. a). ---------- Alin. ((1 ^ 8) of art. 46 46 has been introduced by section 1 1 of art. unique from LAW no. 324 324 of 16 December 2015 , published in MONITORUL OFFICIAL no. 937 937 of 18 December 2015. (2) The general urban plan includes short-term regulations, at the level of the entire basic administrative-territorial unit, regarding: a) establishment and delimitation of intravilan territory in relation to the administrative territory of the locality; b) establishing the use of land from intravilan; c) functional zonification in correlation with the organization of the circulation network; d) delimitation of areas affected by public servitude; e) modernization and development of technical-publishing infrastructure; f) establishment of protected areas and protection of historical monuments and archaeological sites spotted; ---------------- Lit. f) a par. ((2) of art. 46 46 has been amended by section 4.2 9 9 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. f ^ 1) the areas that have established a special protection regime provided for in the legislation in force; ---------- Lit. f ^ 1) a par. ((2) of art. 46 46 was introduced by section 4.2. 13 13 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. g) forms of ownership and legal circulation of land; h) specifying the conditions of location and compliance of the volumes built, arranged and planted. i) natural risk areas delimited and declared thus, according to the law, as well as specific measures on the prevention and mitigation of risks, land use and construction realization in these areas. ---------------- Lit. i) a par. ((2) of art. 46 46 was introduced by section 4.2. 10 10 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. j) risk areas due to historical landfills of waste. --------- Lit. j) a par. ((2) of art. 46 46 was introduced by section 4.2. 14 14 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. (3) The general urban plan contains medium and long-term provisions on: a) evolution in perspective of the locality; b) directions of functional development in the territory; c) routes of traffic and equipment corridors provided for in the plans for the arrangement of the national, zonal and county territory. d) the areas of natural risk delimited and declared thus, according to the law, as well as to the specific measures on the prevention and mitigation of risks, land use and construction realization in these areas. ------------- Lit. d) a par. ((3) of art. 46 46 was introduced by section 4.2. 11 11 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. e) the list of main development and restructuring projects; --------- Lit. e) a par. ((3) of art. 46 46 was introduced by section 4.2. 15 15 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. f) establishment and delimitation of areas with temporary and definitive building ban; --------- Lit. f) a par. ((3) of art. 46 46 was introduced by section 4.2. 15 15 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. g) delimitation of areas where urban regeneration urban operations are envisaged. -------- Lit. g) a par. ((3) of art. 46 46 was introduced by section 4.2. 15 15 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. (4) The general urban plan is elaborated on the basis of the development strategy of the locality and correlates with the budget and public investment programs of the locality, in order to implement the provisions of public utility objectives. -------- Alin. ((4) of art. 46 46 has been introduced by section 16 16 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. (5) The general urban plan identifies areas for which regulations can be established that cannot be modified by zoning urban plans or detailed urban plans and from which no derogations can be granted. These regulations are formulated with clarity in the Local Urban Planning Regulation related to the General Urban Plan. -------- Alin. ((5) of art. 46 46 has been introduced by section 16 16 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. (6) Provisions of para. ((5) shall apply to areas on which a special protection scheme provided for in the legislation in force is established. --------- Alin. ((6) of art. 46 46 has been introduced by section 16 16 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. (7) In order to ensure a coherent and rational use of the territory of the localities, the areas with land use coefficients (CUT) with a value of more than 4 are established only by the General Urban Plan and the related local regulation. --------- Alin. ((7) of art. 46 46 has been amended by section 7 7 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 460 of 3 July 2009, amending section 16 16 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. (8) The general urban plan for intravilan is drawn up in digital format, on graphic support, at stairs 1/1,000-1/5,000, as the case may be, and in analog format, at scale 1/5,000. The topographic support of the overall plan of the administrative-territorial unit is at scale 1/25,000, provided by the cadastre and real estate advertising offices. The update of the support can be made by the local public administration authorities concerned, provided that it is approved by the cadastre and real estate advertising offices, based on the measurements or on the basis of orthophotoplans. --------- Alin. ((8) of art. 46 46 has been introduced by section 16 16 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 46 ^ 1 The general urban plan includes written and drawn parts on: a) the prospective diagnosis, based on the analysis of historical evolution, as well as of economic and demographic forecasts, specifying the identified needs in terms of economic, social and cultural development, spatial planning, environment, housing, transport, public spaces and equipment and services; b) the spatial development strategy of the locality; c) the local urban planning regulation related to it; d) the action plan for implementation and the public investment programme. e) the urban mobility plan. --------- Lit. e) of art. 46 ^ 1 was introduced by section 5.1. 24 24 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 23 23 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. -------- Art. 46 ^ 1 was introduced by item 23 23 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 47 (1) The zonal urban plan is the urban planning instrument of specific regulation, which coordinates the integrated urban development of some areas of the locality, characterized by a high degree of complexity or through a increased urban dynamics. The zonal urban plan ensures the correlation of the integrated urban development programs of the area with the General Urban Plan. -------- Alin. ((1) of art. 47 47 has been amended by section 17 17 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. (2) The zonal urban plan includes regulations on the area relating to: a) organization of the street network; b) architectural-urban organization according to the characteristics of the urban structure; c) the use of land; d) development of urban infrastructure; e) legal status and land circulation; f) protection of historical monuments and servitude in their protection zones. (3) The elaboration of the Zonal Urban Plan is mandatory in case: a) central areas of the localities; b) protected areas and protection of monuments; c) recreational areas and tourism; d) industrial areas/parks, technological and service areas; e) the parcels, for division into more than 3 plots; f) transport infrastructure; g) areas subject to urban restructuring or regeneration; h) other areas established by local public authorities in localities, according to the law. --------- Alin. ((3) of art. 47 47 has been amended by section 25 25 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 24 24 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (3 ^ 1) Provisions of para. ((3) shall not apply where the general urban plans govern the conditions for the approval of investments in the said areas, with the exception of protected built-up areas. --------- Alin. (3 ^ 1) of art. 47 47 has been introduced by section 26 26 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 24 24 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (3 ^ 2) For the trans-European transport infrastructure, the zonal urban plan shall be drawn up only if it affects the intravilan territory of the localities. --------- Alin. (3 ^ 2) of art. 47 47 was introduced by art. III of EMERGENCY ORDINANCE no. 7 7 of 16 March 2016 , published in MONITORUL OFFICIAL no. 204 204 of 18 March 2016. (4) Delimitation of the areas for which mandatory zoning urban plans are drawn up is usually done in the General Urban Plan. --------- Alin. ((4) of art. 47 47 has been amended by section 24 24 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (5) The Zonal Urban Plan establishes, based on the analysis of the social, cultural historical, urban and architectural context, regulations on the building regime, the function of the area, the maximum permissible height, the coefficient of use of the land (CUT), the percentage of land occupancy (POT), the withdrawal of buildings from the alignment and distances from the side and rear limits of the plot, the architectural characteristics of the buildings, the materials admitted. --------- Alin. ((5) of art. 47 47 has been amended by section 24 24 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ((6) Abrogat. --------- Alin. ((6) of art. 47 47 has been repealed by section 6.6. 9 9 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 460 of 3 July 2009, amending section 18 18 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 47 ^ 1 (1) The introduction into the intravilan of the localities of agricultural land and those arranged with land improvements is based on urban studies of PUG or PUZ for which in advance the opinion on the quality class issued by Ministry of Agriculture and Rural Development. (2) After approval by the decision of the local council of PUG and PUZ, the municipalities are obliged to transmit the decision accompanied by the documentation of approval of PUG and PUZ to the cadastre and real estate advertising office, in order to update ex officio the destination of the buildings registered in the integrated cadastre and land registry system. --------------- Article 47 ^ 1 was introduced by art. 9 ^ 1 of EMERGENCY ORDINANCE no. 81 81 of 28 September 2011 , published in MONITORUL OFFICIAL no. 704 of 5 October 2011, approved by LAW no. 219 219 of 19 November 2012 , published in MONITORUL OFFICIAL no. 789 789 of 23 November 2012. + Article 48 (1) The urban plan of detail has a specific regulatory character for a plot in relation to the neighbouring plots. The detailed urban plan cannot alter the higher level plans. ---------- Alin. ((1) of art. 48 48 has been amended by section 2 2 of art. unique from LAW no. 324 324 of 16 December 2015 , published in MONITORUL OFFICIAL no. 937 937 of 18 December 2015. (2) The detailed urban plan is the urban design tool detailing at least: a) the specific way of building in relation to the operation of the area and its architectural identity, based on a specialized study; b) withdrawals from the side and rear limits of the plot; c) the percentage of land occupancy and the mode of land occupancy; d) car and pedestrian access; e) architectural-volumetric conformation; f) compliance with public spaces ---------- Alin. ((2) of art. 48 48 has been amended by section 2 2 of art. unique from LAW no. 324 324 of 16 December 2015 , published in MONITORUL OFFICIAL no. 937 937 of 18 December 2015. (3) The detailed urban plan shall be elaborated only for the detailed regulation of the provisions established by the General Urban Plan or the Zonal Urban Plan. ----------- Article 48 has been amended by section 6.6. 25 25 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 48 ^ 1 (1) All urban planning documentation is carried out in digital format and analogue format, on an appropriate scale, depending on the type of documentation, on topographic support made in coordinates in the national reference system Stereo 1970, updated on the basis orthophotoplans or on the basis of field measurements, in compliance with and integration of the limits of the buildings registered in the cadastre and real estate advertising records, provided by the cadastre and real estate advertising offices. (2) The establishment of the limits of the intravilan through the general and zonal urban planning plans will be made in relation to the development needs of the localities within a certain administrative-territorial unit. The proposed limit will be set according to elements of the natural framework, major communications paths, hydrotechnical facilities, as well as other categories of works of a technical nature. ((3) In the case of extension of the street tram and certain functional areas, the limit of the proposed intravilan will be related to them and will aim to ensure an efficient use of land. In the case of scattered localities (villages, hamlets, existing tourist assemblies) with large areas of properties, the intravilan limit will be established so as to ensure a plot corresponding to the proposed functions, regardless of the regime cadastral/functional land (agricultural land, pastures, vineyards, orchards, forests), in view of their balanced economic development. (4) The topographic basis with the existing situation shall be made available to the local authorities free of charge and shall be endorsed by the cadastre and real estate advertising offices. Within 15 days after the approval by the local council/General Council of the Municipality of Bucharest, a copy of the urban planning documentation shall be submitted to the National Agency for Cadastre and Real Estate Advertising, in electronic format, for the acquisition of information in the system of cadastre and real estate advertising and in the INSPIRE geopportal, and a copy is transmitted, in electronic format, to the Ministry of Regional Development and Public Administration for taking over in National territorial observatory. (5) All restrictions imposed by the approved legal urbanism documentation shall be made public by the local public authorities responsible for the approval of the plan, including by publishing on the institution's website. --------- Article 48 ^ 1 has been amended by section 4.2. 29 29 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 28 28 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 49 (1) The general urban planning regulation represents the system of technical, legal and economic norms that underlie the elaboration of urban planning plans, as well as the local urban planning regulations. (2) The local urban planning regulation for the entire administrative-territorial unit, related to the General Urban Plan, or for a part thereof, related to the Zonal Urban Plan, includes and details the provisions on the concrete land use, as well as location, sizing and realization of built volumes, furnishings and plantations, materials and colors, by area, in accordance with their architectural-urban characteristics, established on the basis of a specialized study. --------- Alin. ((2) of art. 49 49 has been amended by section 27 27 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (3) After the approval of the General Urban Plan, the Zonal Urban Plan and the Urban Plan of Detail together with the related local urban planning regulations are opposable in justice. (4) The provisions of the local urban planning regulations are differentiated for each territorial unit of reference, area and sub-area thereof. --------- Alin. ((4) of art. 49 49 has been amended by section 27 27 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ((5) Abrogat. --------- Alin. ((5) of art. 49 49 has been repealed by section 6.6. 29 29 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 28 28 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Section 4 Initiation and financing of activities + Article 50 (1) The initiative to develop the spatial planning documentation, the general urban plans and the urban plans referred to in art. 54 54 para. ((2) belongs exclusively to the local public authority. ((2) The initiative to develop urban plans, other than those mentioned in par. (1), belongs to the local public authority, as well as to interested individuals and/or legal entities. --------- Article 50 has been amended by section 6.6. 30 30 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 29 29 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 51 (1) The territorial and urban planning activities, provided for in this Law, shall be financed from the local budgets of the administrative-territorial units, from the state budget and from the own incomes of the legal and natural persons concerned in the development of a locality or an area within it, as well as from other legally constituted or attracted sources. --------- Alin. ((1) of art. 51 51 has been amended by section 31 31 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 30 30 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ((1 ^ 1) The activities of spatial planning and urbanism of national and regional interest, which are financed from the state budget, through the budget of the Ministry of Regional Development and Housing, are: a) elaboration of Romania's territorial development strategy; b) elaboration of plans for the development of national territory; c) elaboration of regional zoning plans; d) elaboration of the general urban planning regulation; e) elaboration of the spatial planning and urban planning documentation for the areas with historical monuments inscribed in the World Heritage List; f) elaboration of spatial planning and urban planning documentation, hazard/risk maps in order to prevent natural or industrial disasters; g) programs to support local development in order to ensure the documentation fund in the fields: spatial planning, urbanism, real estate and integrated urban development projects. ------------ Alin. ((1 ^ 1) of art. 51 51 has been amended by section 1 1 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of July 3, 2009, by replacing the name "Ministry of Development, Public Works and Housing" with the name "Ministry of Regional Development and Housing". (1 ^ 2) The activities referred to in par. ((1 ^ 1) lit. g), as well as their financing methodologies are approved by Government decision. ---------- Alin. ((1 ^ 2) of art. 51 51 has been introduced by section 21 21 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. (2) Local public administration authorities have the obligation to provide in the annual budgets funds for the development or updating, as the case may be, of the plans for the arrangement of the territory, the urban planning plans, the natural risk maps, as well as the the necessary substantiation studies in order to develop them. (3) The methodology of financing from the state budget of risk maps for earthquakes and landslides is elaborated by the Ministry of Regional Development and Housing and is approved by Government decision. ------------ Alin. ((3) of art. 51 51 has been amended by section 1 1 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of July 3, 2009, by replacing the name "Ministry of Development, Public Works and Housing" with the name "Ministry of Regional Development and Housing". ---------------- Article 51 has been amended by section 1. 12 12 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. + Article 52 For the conduct of joint activities of spatial planning and urbanism, for the realization of objectives of general interest, the county councils, the local councils, the General Council of Bucharest and the local councils of sectors may associate or, as the case may be, collaborate, under the law, with legal or physical persons in the country or abroad for the purpose of attracting additional funds. --------- Article 52 has been amended by section 4.2. 32 32 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 30 30 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 53 Repealed. --------- Article 53 was repealed by point (a). 31 31 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 54 (1) Area urban plans for central areas, protected areas in their entirety and areas of protection of monuments, as well as area urban plans and detail on the achievement of public interest objectives shall be financed from state budget or local budgets. (2) Zonal urban plans and detailed urban plans, with the exception of those provided in par. (1), shall be financed by legal persons or natural persons concerned. (3) The plans for zoning or detailed urbanism, which modify parts of protected areas, may be financed by interested natural or legal persons. --------- Article 54 has been amended by section 4. 33 33 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 32 32 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 55 (1) The financing of spatial planning and urban planning documentation of particular nature, for areas and localities that require complex research and studies, is also made from funds for research, regional development and others, in the conditions set by the Ministries and other factors involved. (2) In the case of urban planning documentation financed according to par. (1), the acquiring entity may organize, under the law, a contest of urban solutions, opened to specialists in the field, financed by the funds provided in par. ((1). --------- Alin. ((2) of art. 55 55 has been amended by section 34 34 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 33 33 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ((3) Regardless of the initiative or source of funding, the local public administration authorities in whose competence the elaboration, endorsement and approval of the spatial planning and urban planning documentation are responsible shall be responsible for the whole content of the regulations adopted, except in cases where the law has otherwise. --------- Alin. ((3) of art. 55 55 has been amended by section 10 10 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 460 of 3 July 2009, amending section 22 22 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. --------- Article 55 has been amended by section 6.6. 13 13 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. + Section 5-a *) Approval and approval of spatial planning and urban planning documentation + Article 56 (1) The approval and approval of the spatial planning and urban planning documentation shall be made by the central and territorial authorities and bodies concerned, according to the provisions of Annex no. 1 to the present law. (2) The specification of the content of the documentation subject to the notice, as well as the issuers of opinions for each category of documentation will be determined by order of the Minister of Regional Development and Housing. ------------ Alin. ((2) of art. 56 56 has been amended by section 1 1 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of July 3, 2009, by replacing the name "Minister of Development, Public Works and Housing" with the name "Ministry of Regional Development and Housing". (3) The approval of documents of general interest-all categories in the field of spatial planning, as well as in the field of urbanism initiated by public administration authorities and institutions-is done without charging fees and/or tariffs. --------- Alin. ((3) of art. 56 56 has been amended by art. unique from LAW no. 302 302 of 27 November 2015 , published in MONITORUL OFFICIAL no. 898 898 of 3 December 2015. (4) The period of validity of the spatial planning and urban planning documentation shall be established by the authority of the local public administration empowered to approve the documentation, in accordance with the degree of complexity and with the provisions its. --------- Alin. ((4) of art. 56 56 has been introduced by section 23 23 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. (5) The validity of the provisions of the spatial planning and urban planning documentation shall be extended by right for those investments that began during the period of validity, until their completion. -------- Alin. ((5) of art. 56 56 has been introduced by section 23 23 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. (6) The documentation of spatial planning or urbanism, elaborated according to the legislation in force, which have the opinions and agreements provided by law and requested by the urbanism certificate, as well as the tariffs for the exercise of the right of the signature paid for the specialists who have elaborated the documentation, shall be promoted by the mayor, for the approval by decision of the local council/General Council of the Municipality of Bucharest, based on the specialized reference of the chief architect, within a maximum of 30 days from the date of registration of the complete documentation at city hall registry. --------- Alin. ((6) of art. 56 56 has been amended by section 35 35 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 34 34 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (7) Within a maximum of 45 days from the completion of the public debate and the submission of the explanatory memorandum elaborated by the mayor/president of the county council and of the specialized report prepared by the chief architect, the county or local council has the obligation to issue a decision approving or rejecting the documentation of spatial planning or urbanism. --------- Alin. ((7) of art. 56 56 has been amended by section 35 35 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 34 34 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. (8) In the case of buildings declared as being of public utility, pursuant to Law no. 33/1994 on expropriation for the cause of public utility, republished, or under other laws regarding the declaration of public utility of some buildings, the spatial planning and urban planning documentation, in force at the time of declaration of utility public, are reinstated by law in force for a period equal to that for which they were originally issued, as of the date on which the public utility ceases for any cause *). --------- Alin. ((8) of art. 56 56 was introduced by art. II of LAW no. 229 229 of 15 July 2013 , published in MONITORUL OFFICIAL no. 438 438 of 18 July 2013. + Article 56 ^ 1 Urban planning documents that aim to enter into the legality of buildings without a building permit or that do not comply with the provisions of the building permit cannot be initiated and approved. --------- Art. 56 ^ 1 was introduced by item 35 35 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Article 56 ^ 2 Repealed. --------- Article 56 ^ 2 was repealed by point (a). 36 36 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 35 35 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Section 6 Participation of the population in spatial planning and urban planning activities Public participation in spatial planning and urban planning activities --------- Section 6 of the Head. IV has been amended by section 24 24 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 57 (1) The participation of the public in the activities of spatial planning and urbanism consists in its involvement in all stages of the decision-making process regarding the activities of spatial planning and urbanism. (2) The participation of the public ensures its right to information, consultation and access to justice, regarding the activities of spatial planning and urbanism, according to the law, throughout the elaboration of the strategies and documentation of urban planning and planning, according to the methodology established by the Ministry of Regional Development and Housing and in correlation with the specific procedures arising from environmental legislation *). ------------ Article 57 has been amended by section 6.6. 1 1 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of July 3, 2009, by replacing the name "Ministry of Transport, Construction and Tourism" with the name "Ministry of Regional Development and Housing". + Article 58 Central and local public administration authorities have the responsibility of organizing, conducting and financing the process of public participation in the activities of spatial planning and urbanism. --------- Article 58 has been amended by section 6.6. 24 24 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 59 Informing the public is the activity by which public administration authorities make public: a) objectives of economic and social development on spatial planning and urban development of localities; b) the content of territorial development strategies and urban planning documentation to be submitted for approval, as well as approved documentation, according to the law; c) results of public consultation; d) decisions taken; e) how to implement decisions. --------- Article 59 has been amended by point 24 24 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 60 Public consultation is the process by which central and local public administration authorities collect and consider the public's options and opinions on the objectives of economic and social development on spatial planning and urban development of localities, the provisions of territorial development strategies and of the territorial development and urban development programs of the localities. --------- Article 60 has been amended by section 6.6. 24 24 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 61 The information and consultation of the public is carried out differentiated, depending on the extent and importance of the documentation of spatial planning or urbanism, according to the methodology established by the Ministry of Regional Development and Housing. ------------ Article 61 has been amended by section 6.6. 1 1 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of July 3, 2009, by replacing the name "Ministry of Transport, Construction and Tourism" with the name "Ministry of Regional Development and Housing". + Section 7 Follow-up of the application of the approved spatial planning and urban planning documentation + Article 62 (1) The pursuit of the application of the approved spatial planning and urban planning documentation is done through the specialized compartments in the own apparatus of the county, municipal, city and communal councils, as the case may be, as well as by the Inspectorate State in Construction. ((1 ^ 1) Abrogat. ---------- Alin. ((1 ^ 1) of art. 62 62 has been repealed by section 6.6. 3 3 of art. unique from LAW no. 324 324 of 16 December 2015 , published in MONITORUL OFFICIAL no. 937 937 of 18 December 2015. (2) The specialized departments will follow the correlation of the development programs with the provisions of the approved documentation. + Chapter V Sanctions + Article 63 (1) The violation of the provisions of this law attracts civil, contravention, disciplinary, administrative or criminal liability, as appropriate, according to the law. (2) The following facts are contraventions: a) the refusal of public institutions to provide information that, by their nature, is public, for the proper conduct of the activity of spatial planning and urbanism; b) submission for approval or approval of an incomplete urbanism documentation or containing erroneous data; c) approval and approval of spatial planning and urban planning documents signed by persons other than those established by law; d) failure to perform the duties on the exercise of control over the observance of the spatial planning and urban planning documentation; e) failure to take the measures provided by law in case of non-compliance with the provisions of the territorial planning and urban planning documentation. f) the approval of an urban plan of detail with derogations from the General Urban Plan unforeseen in art. 32 32 para. ((4). -------- Lit. f) a par. ((2) of art. 63 63 was introduced by section 4.2. 25 25 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. g) signing, in accordance with the provisions of art. 38 38 para. (1), of spatial planning and urban planning documentation containing erroneous data, if not covered by the criminal law. --------- Lit. g) a par. ((2) of art. 63 63 was introduced by section 4.2. 11 11 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 of 3 July 2009, which completes the section 25 25 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. h) the refusal of economic operators or institutions holding buildings, installations and/or equipment of public interest or providing a public service to provide the public authority with the information provided in art. 5 5 para. ((2). --------- Lit. h) a par. ((2) of art. 63 63 was introduced by section 4.2. 37 37 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 35 35 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ---------- Article 63 has been amended by section 6.6. 17 17 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. + Article 63 ^ 1 The contraventions provided in art. 63 63 para. (2) shall be sanctioned with a fine, as follows: a) from 1,000 lei to 3,000 lei, for non-compliance with the provisions of lett a) and b); b) from 1,000 lei to 9,000 lei, for non-compliance with the provisions of letter c) and g); --------- Lit. b) of art. 63 63 ^ 1 has been amended by section 4.2 12 12 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 460 of 3 July 2009, amending section 26 26 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. c) from 1.000 lei to 2,500 lei, for non-compliance with lit. d) and e); d) from 3,000 lei to 10,000 lei, for non-compliance with the provisions of f) and h). --------- Lit. d) of art. 63 63 ^ 1 has been amended by section 4.2 37 37 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 35 35 ^ 2 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. --------- Art. 63 ^ 1 has been amended by section 6.6. 26 26 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. + Article 63 ^ 2 Contraventions provided in art. 63 63 para. (2) their provisions are applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ------------ Art. 63 ^ 2 was introduced by item 18 18 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. + Article 64 (1) The facts of violation of this law are found by the control bodies of the territorial and urban planning activity of the county and local councils, by representatives of the specialized public institutions of the central authorities involved in the endorsement, as well as the State Inspectorate in Construction. (2) The documentation of spatial planning and urbanism approved without the opinions provided by the regulations in force are void. ---------------- Article 64 has been amended by section 4. 19 19 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. + Chapter VI Final provisions + Article 65 (1) In the absence of the Plan for the arrangement of the county territory and the approved general urban plan, on the related territories, investments in constructions, technical works, as well as any other urban investments can be carried out only on the basis of a zonal urban plan approved according to the law and in compliance with the General Urban Planning Regulation. --------- Alin. ((1) of art. 65 65 has been amended by section 27 27 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. (2) The modified territorial and urban planning documentation without complying with the legal provisions regarding their approval and approval are void. + Article 66 The basic administrative-territorial units, which on the date of entry into force of this law have preliminary general urban plans, have the obligation within 12 months to complete and approve them as definitive urban planning documentation. + Article 67 The provisions relating to the categories of spatial planning and urban planning documentation, the powers of approval and their approval, contained in the Law no. 50/1991 on the authorization of the execution of construction works and some measures for the realization of housing, republished, as amended, as well as any other provisions contrary to this law shall be repealed. + Article 68 Annex no. 1 comprising the categories of documentation in the field of spatial planning and urbanism, the powers of approval and their approval, as well as Annex no. 2 comprising the specialized terms used in the law are an integral part of this law. This law was adopted by the Senate at its meeting on June 7, 2001, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution.
p. SENATE PRESIDENT,
PUSKAS VALENTIN-ZOLTÁN
This law was adopted by the Chamber of Deputies at its meeting on June 18, 2001, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution.
CHAMBER OF DEPUTIES PRESIDENT
VALER DORNEANU
+ Annex 1 CATEGORIES OF SPATIAL PLANNING AND URBAN PLANNING DOCUMENTATION. APPROVAL AND APPROVAL POWERS --------------------------------------------------------------------------------------- No. Categories of Aims Aprobation crt. documentations --------------------------------------------------------------------------------------- 0 0 1 2 3 --------------------------------------------------------------------------------------- A. Planning of the territory --------------------------------------------------------------------------------------- -Planning plan of the territory --------------------------------------------------------------------------------------- 1. National Government of Parliament --------------------------------------------------------------------------------------- 1 ^ 1.Zonal regional-Ministry of Development Regional and Administration Public -Culture Ministry -Ministry of Environment and Climate Change -Development agencies regional --------------------------------------------------------------------------------------- 2. Zonal-Ministry of Development-County Councils -Regional and Administration Intercounty-Local Councils -Intercity or Public-General Council of the intercommunal-Central Organisms and Bucharest Municipality -Territorial frontier ability --Metropolitan, periurban of the law the main municipalities and cities --------------------------------------------------------------------------------------- 2 2 ^ 1. Zonal, for-Ministry of Development localities that Regional and Administration Public monuments historical documents-Ministry of Culture in the Heritage List-County Council World-Central bodies and territorial ability according to law ----------------------------------------------------------------------------------------- 2 2 ^ 2. Zonal for localities-Ministry of Development comprising monuments, Regional and Housing Local Councils ensembles or sites-Ministry of Culture, General Council of inscribed in the List of Religious Affairs and Heritage historical monuments National Bucharest --central bodies and Interested territorial ----------------------------------------------------------------------------------------- 3. County-Ministry of County Council Development, General Council Regional Municipality and Housing Bucharest -Central bodies and Interested territorial --------------------------------------------------------------------------------------- B. Urbanism --------------------------------------------------------------------------------------- -General urban plan and its related local regulation --------------------------------------------------------------------------------------- 4. Municipality-Ministry of General Bucharest Development, Municipality Regional and Bucharest Home -Central bodies and Interested territorial --------------------------------------------------------------------------------------- 5. Municipality-Ministry of Local Council of Development, municipality Regional and Home -County Council -Central bodies and Interested territorial --------------------------------------------------------------------------------------- 6. City-County Council Local Council of the -Central and city bodies local stakeholders --------------------------------------------------------------------------------------- 7. Commune-County Council Local Council of the -Central and commune bodies local stakeholders --------------------------------------------------------------------------------------- 8. Cities and communes that include-Ministry of Development Local Council of Regional and Administration of the city/commune, declared Public as applicable -County Council -Central bodies and territorial ability according to law --------------------------------------------------------------------------------------- 8 8 ^ 1. Localities comprising-Ministry of Development historical monuments to the Regional and Administration in the List of World-Culture -County Council -Central bodies and Territorial ability law ----------------------------------------------------------------------------------------- 8 8 ^ 2. Municipalities, cities and-Ministry of Development Local Council/ Joint comprising Regional and Administration General Council monuments, public assemblies of the Municipality or sites registered in-Ministry of Culture in Bucharest List of historical monuments county directions -Central bodies and Territorial ability law ----------------------------------------------------------------------------------------- -Local urban plan and its related local regulation ---------------------------------------------------------------------------------------- 9. Central area of the municipality-Ministry of Development in its Regional and Administration Integrity General Council Public of Municipality -Ministry of Culture Bucharest -Central bodies and Territorial ability law ---------------------------------------------------------------------------------------- 10. Parts of the Central area-Ministry of Culture Local Council/ municipality by county directions General Council of -The county council of Bucharest -Central bodies and Territorial ability law ---------------------------------------------------------------------------------------- 11. Central area of-County Council Local Councils the city, the village,-Central and city bodies or as well as other communal territorial areas functional interest ---------------------------------------------------------------------------------------- 12. Protected areas or on-Ministry of Development Local Councils/ to which a Regional type and the Administration of the General Council of of restriction, through public acts Bucharest Municipality normative or documentation-Ministry of Culture by of urbanism, in the county directions Their completeness-County Council -Central bodies and Territorial ability law ----------------------------------------------------------------------------------------- 12 12 ^ 1. Protected areas-Ministry of Development including Regional and Administration Historical monuments -Ministry of Culture World Heritage-County Council -Central bodies and Interested territorial ----------------------------------------------------------------------------------------- 12 ^ 1 Parts of protected areas or-Ministry of Culture through Local Councils/ encore. on which the county directorates of the General Council of a type of restriction, through-the county council of the normative acts or documen--Central bodies and Bucharest fathers of urbanism, as well as territorial ability according to those exceeding the law limit an administrative unit- territorial ------------------------------------------------------------------------------------------ 12 12 ^ 2. Areas comprising monuments,-Ministry of Culture through Local Councils/ ensembles or county directions General Council of the inscribed in List monumen--County Council of Municipality Historical in-Central Organisms and Bucharest their territorial integrity ability according to law ------------------------------------------------------------------------------------------ 12 12 ^ 3. Tourist areas of interest-Ministry of Development Local Councils/ the national and regional area and the General Council Administration of Coastal, Mountain and Public Areas Bucharest other categories of territories-Ministry of Culture established by acts norma--Ministry of Environment and In order to ensure climate change development conditions-The county council Sustainable and preserving-Local Councils Local identity-Central bodies and Territorial ability law ------------------------------------------------------------------------------------------ 12 ^ 3 Parts of tourist areas-Ministry of Culture Local councils/ encore. national interest, respectively-Ministry of Environment and General Council of Coastal area, mountain areas Climate Change Bucharest and other categories of teri--County Council Established by acts-Local Councils normative for the purpose of assigning--Central bodies and the conditions of territorial ability according to Sustainable development and law identity retention local ------------------------------------------------------------------------------------------ 12 12 ^ 4. Areas located in extravilan-Ministry of Culture Local councils/ Municipalities, Cities and-County Council General Council of Communes-Central Organisms and Bucharest Municipality Territorial ability law ------------------------------------------------------------------------------------------ 12 12 ^ 5. Repealed ------------------------------------------------------------------------------------------ -Urban detail plan ----------------------------------------------------------------------------------------- 13.-Imobile ranked in List-Ministry of Culture Local Councils/ historical monuments and-Central bodies and the General Council of those that are located in territorial ability according to Bucharest Municipality protected areas -Buildings ranked in the List historical monuments and those that are located in protected areas, for Bucharest Municipality ----------------------------------------------------------------------------------------- 14. Other buildings-Central bodies and Local Councils Territorial ability law ----------------------------------------------------------------------------------------- C. Urban Planning Regulation ----------------------------------------------------------------------------------------- 15. General Regulation-Ministry of Government development planning, Regional and Home -Central bodies and Interested territorial ------------------------------------------------------------------------------------------ ----------- Section 1 ^ 1 of Annex 1 has been amended by section 1. 38 38 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 36 36 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 2 of Annex 1 has been amended by section 2. 39 39 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 36 36 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 2 ^ 1 of Annex 1 has been amended by section 2. 40 40 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 37 37 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 8 of Annex 1 has been amended by section 6.6. 40 40 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 37 37 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 8 ^ 1 of Annex 1 has been amended by section 4.2. 40 40 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 37 37 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 8 ^ 2 of Annex 1 has been amended by section 4.2. 40 40 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 37 37 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 9 of Annex 1 has been amended by section 9. 40 40 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 37 37 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 10 of Annex 1 has been amended by section 10. 40 40 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 37 37 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 12 of Annex 1 has been amended by section 4.2. 40 40 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 37 37 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 12 ^ 1 of Annex 1 has been amended by section 4.2. 40 40 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 37 37 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 12 ^ 1 bis of Annex 1 has been introduced by section 4.2. 41 41 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 37 37 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 12 ^ 2 of Annex 1 has been amended by section 4.2. 41 41 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 37 37 ^ 2 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 12 ^ 3 of Annex 1 has been amended by section 4.2. 42 42 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 38 38 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 12 ^ 3 bis of Annex 1 has been introduced by section 4.2. 43 43 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 38 38 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 12 ^ 4 of Annex 1 has been amended by section 4.2. 43 43 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 38 38 ^ 2 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 12 ^ 5 of Annex 1 has been repealed by section 5.1. 44 44 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 38 38 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 13 of Annex 1 has been amended by section 6.6. 45 45 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 39 39 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Section 14 of Annex 1 has been amended by section 4.2. 45 45 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 39 39 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. + Annex 2 DEFINITION OF TERMS USED IN LAW ((in alphabetical order) ● Approval-the decision of the deliberative forum of the competent authorities to approve the proposals contained in the documents presented and supported by the favourable technical opinions, issued in advance. By the act of approval (law, Government decision, decision of the county or local councils, as the case may be), the application power documents are given, thus constituting the legal basis in order to carry out the territorial development programs and urban development, as well as the authorization of the execution works of the investment objectives. ● 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 central or territorial bodies concerned, having as object the analysis of solutions functional, technical-economic and social indicators or other elements presented through the spatial planning and urban planning documentation. The endorsement materializes through an act (favorable or unfavorable opinion) of a technical and binding nature. ● Director character-appropriation of an approved documentation to establish the general framework for spatial planning and urban development of localities, by coordinating specific actions. The character of the director is specific to the spatial planning documentation. ● Regulatory character-appropriating an approved documentation to impose certain parameters on the promoted solutions. The regulatory nature is specific to urban planning documentations. ● Land circulation-change of holders of ownership or exploitation of land through acts of sale-purchase, donation, concession, lease, etc. ● Power of approval/approval-legal empowerment of a public institution and technical capacity to issue opinions/approvals. ● Sustainable development-meeting the needs of the present, without compromising the right of future generations to existence and development. ● Regional development-as a whole of the policies of central and local public administration authorities, developed for the purpose of harmonizing sectoral strategies, policies and programs on geographical areas, set up in " regions of development ", which benefits from the support of the Government, the European Union and other interested national and international institutions and authorities. ● Documentation of spatial planning and urban planning of written and drawn parts, relating to a determined territory, analysing the existing situation and setting out the objectives, actions and measures of arrangement territory and urban development of localities for a fixed period. ● The limits of the administrative-territorial unit-real or imaginary lines, established by law, delimiting the territory of an administrative unit of the territory of other administrative units. ----------- The definition "Limits of administrative-territorial unit" was introduced by item 1 1 of art. I of LAW no. 162 162 of 11 July 2011 , published in MONITORUL OFFICIAL no. 503 503 of 14 July 2011. ● The plot-the urban action by which an area of land is divided into smaller lots, intended for construction or other types of use. As a rule it is related to the realization of individual, low-height housing. ● Landscape-designates a part of the territory, perceived as such by the population, with remarkable value through its character of uniqueness and coherence, result of the action and interaction of natural and/or human factors, comprising natural areas or/and built with particular value in terms of architecture and heritage or being testimonies of life, housing, activity or traditions, agricultural or forestry, artisanal or industrial. ----------- The definition of "Landscape" was introduced by item 40 40 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ● Urban mobility plan-the territorial strategic planning tool through which the territorial development of localities in the peri/metropolitan area with the mobility and transport needs of persons, goods and goods. -------------- The definition of "Urban Mobility Plan" was introduced by item 46 46 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, which introduces the 40 40 ^ 1 al art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ● Development policies-political-administrative, organizational and financial means, used for the purpose of a strategy. ● Development programs-set of concrete objectives proposed for the development of development policies. ● Protection of the environment-general actions and measures to protect the natural and built fund in localities and surrounding territory. ● The legal regime of the land-the totality of the legal provisions defining the rights and obligations related to land ownership or exploitation. ● Border region-region that includes areas at the border, delimited for the purpose of applying a common development strategy on both sides of the borders and the implementation of cooperation programmes, projects and actions. ● Network of localities-the totality of the localities on a territory (national, county, functional area) whose existence and development are characterized by a series of relations carried out on multiple (economic, demographic, by services, politico-administrative, etc.). The network of localities is constituted from urban and rural localities. ● Urban system-system of neighboring localities between which economic, social and cultural cooperation relations are established, of spatial planning and protection of the environment, technical-edilitary equipment, each preserving its administrative autonomy. ● Urban structure-the totality of relationships in functional and physical terms, on the basis of which it is the organization of a locality or an area of this and from which their spatial configuration results. ● Servitude of public utility-the task imposed on a building for the use and utility of a building having another owner. The measure of protection of public immovable property cannot be opposed to requests for authorization unless it is continued in the approved urban planning documentation (having as a consequence an administrative limitation of ownership). ● Development strategy-global targeting or on areas of activity, in the short, medium and long term, of actions aimed at determining urban development. ● Urban structure-the way of composition, grouping or organization of a locality or of an area of this, historically, functionally and physically constituted. ● Administrative territory-area delimited by law, on steps of administrative organization of the territory: national, county and administrative-territorial units (municipality, city, commune). ● The administrative territory of the locality-the area constituted of agricultural area (arable land, pastures, meadows, vineyards and orchards), the area of the forest fund, the area occupied by construction and infrastructure facilities (communication routes, energy equipment, water management works), puddles and surface related to the intravilan (constructions and facilities), whose land book or other land records belonged to the respective locality on the date of entry into force of the Law no. 2/1968 on the administrative organization of the Romanian territory ----------- The definition "Administrative territory of the locality" was introduced by item 2 2 of art. I of LAW no. 162 162 of 11 July 2011 , published in MONITORUL OFFICIAL no. 503 503 of 14 July 2011. ● The territory of the administrative-territorial unit-the area delimited by law, representing the total area of the territories of the components ----------- The definition "Territory of administrative-territorial unit" was introduced by item 2 2 of art. I of LAW no. 162 162 of 11 July 2011 , published in MONITORUL OFFICIAL no. 503 503 of 14 July 2011. ● Intravilan territory-the totality of the built and arranged areas of the localities that compose the basic administrative-territorial unit, delimited by the approved general urban plan and within which the execution of Construction and landscaping. As a rule the intravilan consists of several bodies (villages or suburban localities components). ● Extravilan territory-the area between the administrative-territorial limit of the basic unit (municipality, city, commune) and the limit of the intravilan territory. ● Metropolitan territory-the area located around the large urban agglomerations, delimited by specialized studies, where reciprocal relations of influence are created in the field of communication, economic, social, cultural and al the edilitary structure. As a rule the limit of the metropolitan territory exceeds the administrative limit of the locality and can exceed the limit of the county ● Periurban territory-the area around the municipalities and cities, delimited by specialized studies, where independent relations are created in the economic field, infrastructure, travel for work, insurance with spaces green and recreational, insurance with agri-food products, etc. ● Restricted area-strictly territorial-defined geographical areas, which meet at least one of the following conditions: a) have mono-industrial productive structures that in the activity of the area mobilize more than 50% of the employed population; b) are mining areas where staff have been made redundant by collective redundancies following the application of restructuring programmes; c) following the liquidation, restructuring or privatization of some economic agents there are collective redundancies affecting more than 25% of the number of employees who have their permanent residence in that area; d) unemployment rate exceeds the national unemployment rate by 25%; e) are deprived of means of communication and infrastructure is poorly developed. ● The functional area-part of the territory of a locality where, through the documentation of spatial planning and urbanism, the existing and future dominant function is determined. The functional area can result from several parts with the same dominant function (living area, industrial activities area, green spaces area, etc.). Functional zonification is the action of division of territory into functional areas. The area of protection-the area bounded around heritage assets built or natural, of some resources of the subsoil, around or in the course of water mirrors, etc. and in which public utility and building services are established. to preserve and capitalize on these resources and heritage assets and the related natural framework. The protection areas are established by specific normative acts, as well as by documentation of spatial planning or urbanism, based on specialized studies. ---------- The expression "Protective zone" has been amended by section 42 42 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ● The natural risk zone-areal delimited geographically, within which there is a potential for the production of destructive natural phenomena that can affect the population, human activities, the natural and the built environment and can cause damage and casualties Human. -------------- The definition of "Natural risk zone" was introduced by item 21 21 of art. I of LAW no. 289 289 of 7 July 2006 , published in MONITORUL OFFICIAL no. 606 606 of 13 July 2006. Repealed. ---------- The definition of "Protected Area" has been repealed by item 41 41 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ● Urban indicators-specific urban planning tools for the control of design and sustainable development of urban areas, which are defined and calculated as follows: -land use coefficient (CUT)-the ratio between the built-on area (the deployed surface of all the floors) and the area of the plot included in the reference territorial unit. Not taken in the calculation of the built area carried out: the surface of the basements with a high height of up to 1,80 m, the surface of the subsoil with a strict destination for the garage of motor vehicles, the technical spaces or the spaces the surface of balconies, loggias, open and uncovered terraces, terraces and non-irculable awnings, as well as unsuitable bridges, pedestrian/roadway access alleys on the premises, external stairs, protective sidewalks; -percentage of land occupancy (POT)-the ratio of the built area (footprint of the building or the ground projection of the perimeter of the upper floors) and the surface of the plot. The built area is the surface built at ground level, except for the discovered terraces of the ground floor that exceed the plane of the façade, the platforms, the access stairs. The ground projection of the balconies whose level elevation is below 3.00 m from the level of the landscaped soil and the closed logs of the floors shall be included in the built area. Exceptions for calculation of urban indicators POT and CUT: -if a new construction is built on a land containing a building that is not intended for demolition, the urban indicators (POT and CUT) are calculated adding the surface of the existing boards to those of new constructions; -if a construction is built on a part of land dismantled from an already built land, the urban indicators are calculated in relation to the original land assembly, adding the surface of the existing floors to those of the new construction. ● Building ban (non aedificandi)-the urban rule according to which, in a strictly delimited area, for reasons of sustainable urban development, it is forbidden to issue building permits, definitively or temporarily, regardless of the ownership regime or the proposed function. ● Territorial planning-the set of methods used by the public sector to ensure the rational organization of the territory, at different scales (regional, national, transnational), environmental protection and the achievement of economic objectives and social, by coordinating sectoral policies from the perspective of their impact on territory. Territorial planning encompasses sectoral strategies, policies and programmes, as well as integrated specific documentation, for the purpose of balanced and sustainable development, and provides for objectives, stages of achievement and necessary financial resources. Territorial unit of reference (UTR)-urban subdivision of the territory of the administrative-territorial unit, delimited by cadastral limits, characterized by functional and morphological homogeneity from an urban and architectural point of view, aimed at homogeneous urban regulation. UTR is delimited, as the case may be, according to relief and landscape with similar characteristics, unitary historical evolution in a certain period, plot system and way of homogeneous building, uses of the same nature of land and constructions, regime the legal of similar buildings. --------- The expression 'Reference territorial unit (UTR)' has been amended by point (a). 44 44 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Repealed. ----------- The definition of "Functional area of interest" was repealed by item 41 41 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. Protected area-natural or built area, geographically and/or topographically delimited, determined by the existence of natural and/or cultural heritage values whose protection is of public interest and declared as such for reaching the specific objectives of conservation and rehabilitation of heritage values. The protected area status creates on the buildings inside the area of intervention services related to abolition, modification, functionality, distances, height, volumetry, architectural expression, materials, finishes, fencing, furniture urban, landscaping and plantations and is established through approved specific urban planning documentation. ---------- The expression "Protected area" has been amended by section 47 47 of art. I of LAW no. 190 190 of 26 June 2013 , published in MONITORUL OFFICIAL no. 418 418 of 10 July 2013, amending section 43 43 of art. I of EMERGENCY ORDINANCE no. 7 7 of 2 February 2011 , published in MONITORUL OFFICIAL no. 111 111 of 11 February 2011. ------------- The expressions introduced after the expression "" Protected area " of Annex 2 have been amended by section 16 16 of art. I of LAW no. 242 242 of 23 June 2009 , published in MONITORUL OFFICIAL no. 460 460 of 3 July 2009, amending section 31 31 of art. I of ORDINANCE no. 27 27 of 27 August 2008 , published in MONITORUL OFFICIAL no. 628 628 of 29 August 2008. --------