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Law No. 453 Of 18 July 2001 On The Amendment And Completion Of The Law Nr. 50/1991 Authorizing Execution Of Construction Works And Measures For Carrying Out Housing

Original Language Title:  LEGE nr. 453 din 18 iulie 2001 pentru modificarea şi completarea Legii nr. 50/1991 privind autorizarea executării lucrărilor de construcţii şi unele măsuri pentru realizarea locuinţelor

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LEGE no. 453 453 of 18 July 2001 to amend and supplement Law no. 50/1991 concerning the authorisation of the execution of construction works and certain measures for housing
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 431 431 of 1 August 2001



The Romanian Parliament adopts this law + Article 1 Law no. 50/1991 on the authorization of the execution of construction works and some measures for the realization of housing, republished in the Official Gazette of Romania, Part I, no 3 of 13 January 1997, as amended and supplemented, shall be amended and supplemented as follows: 1. The title of the law will read: "" Law on authorizing the execution of construction works " 2. The title of Chapter I shall read as follows: "Authorization of construction works execution" 3. Article 1 shall read as follows: "" Art. 1. -(1) The execution of construction works is only allowed on the basis of a building permit or abolition. The building or abolition authorization is issued at the request of the holder of the title on a building-land and/or construction-or another act that confers the right to build or abolish, under the conditions of this law. (2) Civil, industrial, agricultural or other constructions can be carried out only in compliance with the building permit, issued under the conditions of this law, and of the regulations on the design and execution of constructions. " 4. Article 2 shall read as follows: "" Art. 2. -(1) The building permit constitutes the act of authority of the local public administration on the basis of which the application of the measures provided by law, regarding the location, design, execution and operation of the constructions, is ensured. (2) The building permit is issued under and in compliance with the provisions of urban planning and spatial planning documentation, approved and approved according to the law. (3) The building permits for bus networks, communication routes, land improvement facilities, telecommunications networks or other infrastructure works, which are executed in the extravilan of the localities, are issued in compliance with the landscaping plans, approved and approved according to the law. (4) By exemption from the provisions of par. (2) building permits can be issued and without approved spatial planning and urbanism documentation, for: a) modification, repair, protection, restoration and preservation of buildings of any kind, provided that the same function is maintained, the surface built on the ground and their volumetry; b) repair works on communication routes, technical-publishing facilities and the like, without modification of the route and, as the case may be, of their functionality; c) repair works on fencing, urban furniture, green spaces, parks and public gardens, pedestrian squares and other works of arrangement of public spaces; d) research and land prospecting works-boreholes and excavations-, necessary in order to carry out geotechnical studies, quarries, ballasters, gas and oil wells, as well as other exploits; e) the organization of tent camps. " 5. Article 3 shall read as follows: "" Art. 3. -The building permit shall be issued for: a) construction, reconstruction, consolidation, modification, extension, change of destination or repair of constructions of any kind, as well as of the installations related to them, except for those provided in art. 8 lit. f); b) construction, reconstruction, extension, repair, consolidation, protection, restoration, conservation, as well as any other works, regardless of their value, to be carried out at constructions representing historical monuments, including to those in their protection areas, established according to the law; c) construction, reconstruction, modification, extension, repair, modernization and rehabilitation works, on communication routes, networks and technical-publishing facilities, new production, transport, electricity distribution and/or thermal, as well as rehabilitation and retrofitting of existing ones; d) fencing and urban furniture, design of green spaces, parks, squares and other works of arrangement of public spaces; e) works of drilling and excavations necessary for the performance of geotechnical studies, geological prospections, quarries, ballasters, gas and oil wells, as well as other holdings; f) works, furnishings and constructions of a provisional nature necessary for the organization of the execution of the basic works, if they were not authorized once with them; g) the organization of tent camps, cottages or caravans; h) construction works of a provisional nature: kiosks, tonettes, cabins, exhibition spaces located on public paths and spaces, display bodies and panels, companies and advertisements, as well as household annexes of agricultural holdings located in extravilan; i) cemeteries-new and expansions. " 6. Article 4 shall read as follows: "" Art. 4. -(1) The building permits shall be issued by the presidents of the county councils, by the general mayor of Bucharest or by mayors, as follows: a) by the presidents of the county councils, with the opinion of the mayors 1. investments approved by the Government; 2. the investments that are made in the extravilan of the communes, including the household annexes of agricultural holdings; 3. investments that are located on land that exceeds the limit of two or more administrative-territorial units; b) by the mayors of the municipalities or cities, for the constructions and works of any kind in the intravilan and their extravilan, except for those provided in lett. a); c) by the general mayor of Bucharest, for all constructions and works in the intravilan and in the administrative territory of Bucharest, provided in lett. a) and b), as well as the mayors of the sectors of Bucharest, for all the categories of construction and urban planning within the sectors, established by the General Council of Bucharest, on the proposal of the local councils of sectors; d) by the mayors of the communes, with the opinion of the specialized structures within the county councils, for the constructions and works that are carried out in the intravilan of the localities, except for those provided in lett. a). " 7. Article 4 shall be inserted after Article 4 with the following contents: "" Art. 4 4 ^ 1. -(1) In order to simplify the authorization procedure the authorization issuer has the obligation to organize specialized structures in order to issue the single agreement, namely to obtain, on behalf of the applicant, the necessary legal opinions in the purpose of authorisation, for: a) connection to utility networks; b) their influences on the energy or technological transport networks in the site area; c) connection to the network of communication routes; d) fire prevention and extinction, civil defense, as well as environmental protection and population health; e) satisfaction of specific requirements specific to special or protected areas. (2) In order to ensure the functioning of specialized structures the county and local councils will establish special taxes on types of works, under the law. " 8. Article 5 shall read as follows: "" Art. 5. -(1) The urbanism certificate is the act of information by which the authorities provided in art. 4, in accordance with the provisions of the urban plans and the regulations related to them or the land development plans, as the case may be, approved and approved according to the law, make known to the applicant the elements regarding the regime legal, economic and technical of the existing land and constructions at the time of the request and establish the urban requirements to be fulfilled according to the specifics of the site, as well as the list of opinions and agreements legal, necessary for authorization. (2) The urbanism certificate is issued by the authorities provided in art. 4, authorized to authorize the construction works, and shall be issued to the applicant no later than 30 days from the date of registration of the application, necessarily mentioning the purpose of its issuance. (3) The urbanism certificate shall be signed by the chairman of the county council or mayor, as the case may be, by the secretary and by the chief architect or by the person with responsibility in the field of spatial planning and urbanism in the apparatus own the authority of the issuing public administration, the responsibility of issuing it to the signatories, according to the powers established according to the (4) In order to issue the urbanism certificate the applicant-any interested natural or legal person-will address the authorities provided in art. 4 with an application that will include both the elements of identification of the property for which the urbanism certificate is requested, and the elements that define the purpose of the request. (5) The urbanism certificate does not confer the right to perform construction works. (6) The urbanism certificate is also issued for the concession of land, the auctioning of public works in the feasibility study phase, as well as for legal claims and notarial operations on traffic real estate " 9. Article 6 shall read as follows: "" Art. 6. -(1) The building permit is issued no later than 30 days from the date of registration of the application, based on the documentation submitted to the authorities provided for in art. 4, which shall include: a) the urbanism certificate; b) proof of title on land and/or construction; c) the project for authorization of execution of construction works; d) the necessary legal opinions and agreements, established by the urbanism certificate; e) proof of payment of legal fees. ((. The project for the authorisation of the execution of construction works shall be drawn from the technical project and shall be drawn up in accordance with the framework contained in Annex no. 1, in accordance with the requirements of the urbanism certificate, with the content of the opinions and agreements required by it, and shall be drawn up, signed and verified, according to the law. (3) In case of submission of an incomplete technical documentation, it shall be returned to the applicant within 5 days from the date of registration, with the written mention of the necessary elements in order to complete it. (4) The execution of construction works can be done only on the basis of the technical project and execution details. (5) The issuing authority of the building permit shall establish a period of validity no later than 12 months from the date of issue, during which the applicant is obliged to start the works. In this situation the validity of the authorization extends throughout the execution of the works provided for by the authorization, in accordance with the technical project. If the construction works have not been started or have not been fully executed at the deadline, the investor may request the issuing authority to extend the validity of the authorisation at least 15 days before its expiry. The extension of the validity of the authorisation may be granted only once and for a period not exceeding 12 months. (6) Not starting the works or not completing them within the established deadlines leads to the loss of the validity of the authorization, and it is necessary to issue a new building If the characteristics do not change from the original authorization, a new building permit will be issued, without the need for a new urbanism certificate. (7) The investor has the obligation to notify the issuing authority of the building permit, as well as the territorial inspectorate in construction on the date on which the authorized works will begin. Otherwise, if the finding of the act of commencement of works without notice was made within the period of validity of the authorization, the start date of the works shall be considered as the day following the date of issuance of the authorization. (8) With the submission of the application for the issuance of the building permit the applicant is required to present a self-declaration showing that the building-land and/or construction-is not the subject of a dispute pending before the of a court. Otherwise the documentation shall be returned to the applicant, who will submit it for authorization only after the final court settlement of the dispute. (9) Provisional authorizations are not issued under the present law. (10) The building/abolition authorities shall be issued only on the basis of a complete documentation in accordance with the framework content set out in Annex no. 1, except in the situations provided in par. 13. (11) The building permit shall be signed by the chairman of the county council or mayor, as the case may be, by the secretary and by the chief architect or by the person with responsibility in the field of spatial planning and urbanism in his own apparatus the authority of the issuing public administration, the responsibility of issuing the authorizations to the signatories, according to the duties established (12) The validity of the authorization shall be maintained in case of change of investor, before the completion of the works, provided that its provisions and the transcription of the acts conferring the right of (13) The building permit for the intervention works of first necessity in cases of damage, technical accidents, calamities or other exceptional events, including the constructions provided in art. 3 lit. b), is immediately issued by the authority of the authorized public administration, according to the law, following that the necessary legal documentation will be completed during or at the end of the execution of the works, in compliance with the legal notices. (14) Mayoralties may decommission the construction, property of the administrative-territorial unit, in advanced state of degradation and endangering public safety, with the exception of historical monument constructions, on the basis of authorization of abolition issued under the conditions of par. ((13), with the obligation to draw up specific documentation in accordance with the provisions of Annex no. 1. (15) The authorization fee is calculated according to the law, based on the applicant's declaration and in accordance with the provisions of the technical project presented for authorization, as the case may be, depending on the area housing and household annexes or on the basis of the general estimate of the investment. (16) The fee for extending the validity of the building permit shall be calculated at 30% of the initial value of the authorization fee. (17) Institutions empowered by law to issue opinions and agreements in order to authorize construction works, other than those provided for in art. 4 ^ 1 para. (1), have the obligation to issue them within a maximum of 15 days from the date of registration/documentation, as the case may be, directly to the structures organized by the county and local councils or, as the case may be, the applicant. " 10. After Article 6, Articles 6 ^ 1 and 6 ^ 2 are inserted with the following contents: "" Art. 6 6 ^ 1. -(1) The demolition, decommissioning or dismantling-partial or total-of the related constructions and installations, as well as of any arrangements shall be made only on the basis of the authorization of abolition obtained in advance from the authorities provided in art. 4. (2) The authorization to abolish shall be issued under the same conditions as the building permit, in accordance with the provisions of the urban plans and their regulations, according to the law, with the exceptions provided in art. 8. Art. 6 ^ 2. -(1) The projects for the authorization of the execution of construction works, as well as the technical projects on the basis of which they are drawn up are elaborated by specialized technical collective, shall be appropriated and signed by technical staff with training superior only in the field of architecture and construction, as follows a) by architect with a diploma recognized by the Romanian state, for the design of the architectural part for investment objectives included in all categories of importance of above-ground and underground constructions; b) of construction and installation engineers, with the diploma recognized by the Romanian state, for the engineering parts in the specific fields, for investment objectives included in all the categories of importance of constructions and at the installations related thereto; c) of conductor architect and/or of construction subengineer, with diploma recognized by the Romanian state, for buildings of small importance and outside protected areas, established according to the law. (2) Provisions of para. ((1) shall also apply to the execution documentation. (3) The signing of the documentation by the persons referred to in par. (1) employ their liability under the law. " 11. Article 7 shall read as follows: "" Art. 7. -(1) For the authorization of the execution of construction works in the areas on which, according to the law, a certain protection regime was established, provided for in urban planning documentation, in urban plans and in the plans for the arrangement of the approved territory, shall be carried out as follows: a) in architectural ensembles, in architectural and urban planning reserves, in the case of archaeological sites, parks and gardens historical monument, contained in the lists approved according to the law, as well as in the case of works of any nature in monument protection areas, the applicant will obtain the joint opinion of the Ministry of Culture and Religious Affairs and the Ministry of Public Works, Transport and Housing, according to specific competences; b) in the case of interventions on constructions historical monuments, in addition to the opinion of the Ministry of Culture and Religious Affairs, the opinions specific to the quality requirements of constructions will be obtained, according to the legal provisions c) in protected natural areas, established according to the law, in the areas of safety and protection of hydrotechnical facilities of public interest, as well as in other protected areas the applicant will obtain the opinion of the Ministry of Water and Environmental Protection and of Ministry of Agriculture, Food and Forestry; d) in the areas of safety and protection of public interest transport infrastructures, as well as in the areas related to the construction of the communication routes, established by the spatial planning and/or urban planning documentation, will also be obtained authorization of the Ministry of Public Works, Transport and Housing, according to the legal provisions; e) in the areas where another type of restriction has been established the applicant will obtain the opinion of the competent bodies. " 12. Article 8 shall read as follows: "" Art. 8. -(1) The following works which do not change the resistance structure, the initial characteristics of the constructions and the related installations or their architectural aspect may be carried out without a permit to build the following works: a) repairs to fencing, roofs, coverings or terraces, when their shape does not change and the materials from which they are executed; b) repair and replacement of interior and exterior carpentry, if the shape, dimensions of the gaps and joinery are preserved; c) repairs and replacements of warmed stoves; d) interior painters and painters; e) exterior painters and painters, if the façade elements and the colours of the buildings located on the main circulation arteries do not change; f) repairs to interior installations, to external connections and connections, of any kind, related to constructions, within the limits of the property, as well as to the installation of individual air conditioning and/or metering apparatus utilities; g) repairs and replacements to the floors; h) repairs and replacements to interior and exterior finishes-plasters, plywood, the like-, to sidewalks, to retaining walls and access stairs, without changing the quality and appearance of constructive elements; i) maintenance work on the communication routes and related installations; j) investigation, research and expertise works on the constructions provided in art. 3 lit. b), with the opinion of the Ministry of Culture and Religious Affairs and of the county or local public administration authority, as appropriate; k) works of drilling and geotechnical surveys for constructions of normal or low importance, located outside the protection zones established for aquifer deposits; l) underground and above-ground funeral works, with the opinion of the cemetery administration. (2) If the works provided in par. ((1), except those specified in lett. j), shall be executed at the constructions referred to in art. 3 lit. b), it is mandatory to issue the building permit. " 13. Article 9 shall be repealed. 14. Article 9 shall be inserted after Article 9 with the following contents: "" Art. 9 9 ^ 1. -(1) The authorities of construction or abolition, issued in violation of the legal provisions, may be annulled by the administrative courts, according to the law. The cancellation of the building or abolition permits can be requested, under the law, and by the prefect, including the express complaint of the control bodies of the State Inspectorate in Construction. (2) By introducing the action the authorization to build or abolish shall be suspended by law and, as a consequence, the court will order the stop of the works until the case is resolved in substance. " 15. Article 10 shall read as follows: "" Art. 10. -(1) Land belonging to the private domain of the state or administrative-territorial units, intended for construction, may be sold, leased or rented by public auction, according to the law, under the conditions of compliance with the provisions urban planning and landscaping documentations, approved according to the law, in order to carry out the construction. (2) Land belonging to the public domain of the state or administrative-territorial units can be designed only in order to carry out constructions or objectives for use and/or of public interest, in compliance with urban planning documentation approved by law. ((3) The concession shall be made on the basis of tenders submitted by the applicants, in compliance with the legal provisions, following the superior valorization of the potential of the land. 16. Article 12 shall read as follows: "" Art. 12. -By exception to the provisions of art. 10 10 para. ((1), land for construction may be awarded without public auction, with the payment of the royalty fee established according to the law, or may be put into use on a limited term, as the case may be, in the following situations: a) for the achievement of objectives of public utility or of benefit, with a social character, non-profit, other than those that are carried out by local authorities on their land; b) for the realization of housing by the National Housing Agency, according to the law; c) for the realization of housing for young people until reaching the age of 35; d) for the displacement of households affected by disasters, according to the law; e) for the extension of construction on adjoining land, at the request of the owner, if the neighbors do not have or do not exercise their right of pre-emption, if the constructions are previously carried out under concession, in accordance with Art. 10, as well as if the neighbouring lands are unsuitable for the realization of new, independent constructions due to their surface and dimensions; f) for works of protection or enhancement of historical and architectural monuments, with the joint opinion of the Ministry of Culture and Religious Affairs and the Ministry of Public Works, Transport and Housing, when the land is located in their protection zone. '; 17. In Article 13, paragraphs 2 to 4 shall read as follows: " (2) The publications on the auction will include the date and place of its deployment, the area and the destination of the land, established by the urban planning documentation, as well as the minimum annual fee fee. (3) The applicants ' offer will be accompanied by a pre-feasibility or feasibility study, as the case may be, necessarily comprising the technical elements necessary for the characterization of the functionality and the capacity of the construction, the occupancy of the land, as well as the other elements contained in the urbanism certificate. Only offers that correspond to the provisions of urban planning documentation, approved according to the law, will be accepted. ((4) The auction shall be carried out, under the law, by the commissions established for this purpose, by decision of the local and/or county councils, respectively of the General Council of the Municipality of Bucharest, in accordance with the authorization powers established to art. 4. The commissions shall operate at the premises of the local councils in whose administrative-territorial area the lands are located. " 18. In Article 15, letters a) and b) shall read as follows: "" a) in urban areas: -up to 300 sqm, for an apartment in a building with ground floor or ground floor and floor; -up to 200 sqm, for an apartment in a building with ground floor and floor, with 2 apartments; -up to 150 sqm, for an apartment, in the case of buildings with ground floor and several floors, having no more than 6 apartments; -for buildings with more than 6 apartments the land area will be established according to urban planning documentation; b) in rural localities, up to 1,000 sqm for a home. " 19. Article 19 shall read as follows: "" Art. 19. -Land concession provided in art. 10-16 is made in accordance with the provisions of the law, its duration being established by the local councils, the county councils, respectively by the General Council of Bucharest, depending on the provisions of the urban planning and nature of construction. 20. Article 20 shall read as follows: "" Art. 20. -(1) The intravilane of the localities is established by the general plans for urbanism-PUG-, approved according to the law. (2) After the approval of the General Plan of Urbanism-PUG-can be introduced into the intravilan of the localities and some land from extravilan, only under conditions thoroughly founded on the basis of zonal urban plans-PUZ-, approved according to the law. (3) The land for construction, highlighted in the intravilan, shall be removed from the agricultural circuit, temporarily or permanently, by the building permit. (4) The areas of land set aside shall be communicated by the presidents of the county councils, by the general mayor of Bucharest or by mayors, within 10 days from the issuance of the building permit, to the offices territorial cadastre, in order to establish the tax, in accordance with the category of agricultural use and with soil fertility, according to agricultural records, and for operation in these records, according to the legal provisions. " 21. Article 21 shall read as follows: "" Art. 21. -(1) The following facts are constituted: a) execution, without authorization to build or abolish, or with non-compliance with its provisions, of the works provided in art. 3 lit. b); b) the continuation of the execution of works after the disposition of their stop by the control bodies; c) preparation or signing of technical projects, as well as of projects for the authorization of the execution of construction works for specialties other than those certified by the university diploma, under the conditions provided in art. 6 6 ^ 2. (2) The offences referred to in par. (1) shall be punished with imprisonment from 3 months to 3 years or with a fine of 1,000,000 lei to 50,000,000 lei. " 22. Article 22 shall read as follows: "" Art. 22. -In case of committing the facts provided in art. 21, the control bodies provided by this law, which found the act, are obliged to notify the prosecution bodies. " 23. Article 23 shall read as follows: "" Art. 23. -(1) It constitutes the following facts, if not committed under such conditions that, according to the law, to be considered crimes: a) the execution or abolition, total or partial, without authorization of the works provided for in art. 3 3, except those mentioned in lett. b), by the investor and the executor; b) execution or abolition, with non-compliance with the provisions of the authorization and of the technical project, of the works provided 3 3, except those referred to in lett. b), by the investor and the executor; c) approval of the supply of urban utilities, as a result of the execution of works of connections and connections to networks for unauthorized new constructions; d) maintenance after the expiry of the term provided for by authorization or after the completion of authorized works or adaptation for other purposes than those provided for in the authorization of constructions, works and temporary furnishings; e) failure to bring the land investor to the original state after the completion of the works provided in art. 3 lit. c); f) preventing or evading control, by prohibiting the access of the competent control bodies or by not submitting the documents and the requested documents; g) failure to announce the date of start of authorized construction works, in accordance with the provisions of 6 6 para. ((6); h) issuance of incomplete urbanism certificates or erroneous data, which do not contain the list containing the necessary legal notices and agreements in relation to the investment objective, or their release with exceeding the legal deadline; i) issuance of building/abolition permits: -in the absence of a real right on the property, which confers the right to request the building/abolition authorization; -in absentia or with non-compliance with the provisions of urban planning documentation, approved according to -on the basis of incomplete or elaborated documentation in inconsistency with the provisions of the urbanism certificate, of the Civil Code, of the framework content of the project for the authorization of the execution of construction works, which do not contain the opinions and necessary legal agreements or which are not verified according to the law; -in the absence of technical expertise on the safety of the whole construction, in the case of consolidation works; -on the basis of documents other than those required by this law; j) non-organization and non-exercise of control on discipline in authorizing the execution of construction works by the competent compartments within the own apparatus of the county and local councils in their units territorial administration, in accordance with the authorization powers, as well as the non-prosecution of the way of carrying out those ordered by the State Inspectorate in Constructions according to the provisions of 25 ^ 1 para. ((3); k) failure, at the established deadline, of the measures ordered by the State Inspectorate in Constructions to the previous control; l) refusal or obstruction of any kind of access of natural persons or representatives of legal entities to the documents provided in art. 29 ^ 1 para. ((1); m) exceeding the 15-day period for issuing the necessary approvals and agreements in order to authorize the construction works, according to the provisions of art. 6 6 para. ((17). (2) Contraventions provided in par. (1), committed by natural or legal persons, shall be sanctioned with a fine, as follows: -from 10,000,000 lei to 100,000,000 lei, those from lit. a); -from 30,000,000 lei to 75,000,000 lei, those from lit. f); -from 30,000,000 lei to 40,000,000 lei, those from lit. c); -from 20,000,000 lei to 75,000,000 lei, those from lit. b), d) and e); -from 10,000,000 lei to 30,000,000 lei, those from lit. h) and i); -from 10,000,000 lei to 25,000,000 lei, those from lit. j) and k); -from 10,000,000 lei to 20,000,000 lei, those from lit. l) and m); -of 10,000,000 lei, those from lit. g). (3) The amount of fines shall be updated annually by Government decision. (4) The penalty of fine may also be applied to the representative of the legal person. (5) Sanction of the fine for the facts provided in par. ((1) lit. h) and i) apply to public officials responsible for verifying the documentation underlying the issuance of urban planning certificates and building or abolition permits, as well as signatories, according to the established duties according to law. 24. Article 24 shall read as follows: "" Art. 24. -(1) The control bodies of the county councils and the mayors have the obligation to pursue compliance with the discipline in the field of authorization of the execution of construction works within their administrative-territorial units, according to the competences issuing the building/disbanding authorizations. (2) Contraventions provided in art. 23 is found by the control bodies of the county councils and local councils, for the acts committed within their administrative-territorial units, according to the powers of issuance of building/abolition permits, with the exception of the contraventions provided in 23 23 para. ((1) lit. h), i), j), k), l) and m). (3) The minutes of finding the contraventions, concluded by the control bodies of the local public administration, shall be submitted, in order to apply the sanction, to the head of the compartment coordinating the activity of spatial planning and of urbanism or, as the case may be, the president of the county council or the mayor of the administrative-territorial unit in whose radius the contravention was committed. (4) Contraventions on the execution or abolition of constructions without permits, provided in art. 23 23 para. ((1) lit. a), c) and e), can also be found by police bodies. The minutes of finding the contravention shall be sent immediately to the authority of the public administration on the territory of which the contravention was committed, which will apply the sanction according to the law. " 25. Article 25 shall read as follows: "" Art. 25. -(1) A date with the application of the fine for the contraventions provided in art. 23 23 para. ((1) lit. a) and b) it is ordered to stop the execution of works, as well as, as the case may be, to take measures to frame them in the provisions of the authorization or to abolish works executed without authorization or with non-compliance with the deadline set out in the minutes of finding the contravention. (2) The decision to maintain or abolish the constructions made without a building permit or with non-compliance with its provisions will be taken by the competent public administration authority, based on urban plans and the related regulations, approved and approved under the law, or, as the case may be, by the court. For works that are carried out at the buildings provided in art. 3 lit. b) the opinion of the Ministry of Culture and Religious Affairs is required (3) The measure of abolition of constructions shall also apply if, upon the expiry of the term of entry into law established in the minutes of finding the contravention, the offender did not obtain the necessary authorization. " 26. After Article 25, Articles 25 ^ 1 and 25 ^ 2 are inserted with the following contents: "" Art. 25 25 ^ 1. -(1) State control in territorial planning, urbanism and authorization of execution of construction works shall be carried out by the State Inspectorate of Construction, on the entire territory of the country, and by its territorial inspectorates, which have the measures and sanctions provided for by this Law (2) The State Inspectorate of Construction and territorial inspectorates may order a halt to the execution of construction or dissolution works, as the case may be, when they find that they are carried out in violation of the legal provisions, of the requirements on quality assurance in construction, without technical project or on the basis of illegal permits issued. (3) The State Inspectorate of Construction and territorial inspectorates shall inform the authority of the public administration on whose territory the control was carried out on the findings and measures ordered. In this situation the control bodies of the county or local councils, as the case may be, have the obligation to follow the compliance mode regarding those ordered by the State Inspectorate in Construction. Art. 25 ^ 2. --(1) The expenses for the control of the state in the planning of the territory, urbanism and for the authorization of the execution of the construction works shall be borne by the investors, amounting to a share of 0,1% of the authorized works except for those provided in art. 3 lit. b) and places of worship. ((2) The transfer of the amounts established according to the provisions (1) shall be made on the account of the territorial inspectorates in constructions, county, respectively of the city of Bucharest, as the case may be, with the transmission of the notice on the date of start of the works, as provided 6 6 para. ((7). Delay in payment of the quota provided in par. ((1) shall be penalised by 0,15% per day of delay, without exceeding the amount due. The availability at the end of the year of the extra-budgetary income shall be carried over to the following year and shall have the same destination ((3) The share established in par. ((1) shall also apply to differences resulting from the updating of the value of the authorized works, which shall be made with the reception at the end of 27. Article 27 shall read as follows: "" Art. 27. -(1) If the persons sanctioned contraventionally stopped the execution of the works, but did not comply within those ordered by the minutes of finding the contravention, according to the provisions of art. 25 25 para. (1), the authority of the local public administration in whose territorial area the contravention was found will refer the courts to order, as the case may be: a) the classification of works in the authorization; b) abolition of unlawfully realized constructions. (2) In the case of admission of the application, the court will set the deadlines for the execution of the measures provided in ((1). (3) In case of non-compliance with the established deadlines, the measures ordered by the court, in accordance with the provisions of para. (2), will be carried out through the care of the mayor, with the support of the police bodies, the expenses to be borne by the guilty persons. (4) In the situations provided in art. 21 the control bodies will be able to ask the court to order, by the sentencing decision, the measures mentioned in par. ((1). The control bodies can ask the criminal prosecution bodies notified and, as the case may be, the court, to order as a provisional measure, throughout the criminal proceedings, to stop the execution of the works. (5) Persons who have benefited from the subsidy for the construction of a dwelling and for which the measure provided in par. ((1) lit. b) will refund the subsidies received, with the payment of legal interest for the period in which they used them. " 28. Article 28 shall read as follows: "" Art. 28. -(1) By derogation from the provisions of art. 27, constructions executed without a building permit on land belonging to the public or private domain of the state, counties, cities or communes, will be able to be abolished administratively by the authority of the public administration local competence, without referral to the courts and at the expense of the offender. (2) For the realization of the provisions (1) the municipal, city, municipal or county local councils, as the case may be, may contract the performance of these services with commercial companies, under the law. " 29. Article 29 shall be repealed. 30. Article 29 shall be inserted after Article 29, with the following contents: "" Art. 29 29 ^ 1. -(1) Field studies and documentation elaborated for the realization of investments, as well as the works of spatial planning and urban planning, communal household or other infrastructure elements, elaborated on the order of the former councils popular and taken over, at the constitution, in the patrimony of the county design units, located in their archives, constitute public property of the county or of the city of Bucharest, are taken over and managed, according to the law, by the councils county, respectively by the General Council of Bucharest. (2) Access of natural persons or representatives of legal entities to the documentation provided in par. (1) shall be established by decision of the county council, respectively of the General Council of Bucharest Municipality. " 31. Article 30 shall read as follows: "" Art. 30. -(1) Under the conditions of this law, the description of the deed constituting the contravention shall be made with the indication of the place, date and time of the finding, in accordance with the 26. (2) Contesting the minutes of finding and sanctioning the contravention, in accordance with the provisions art. 31 31 of Law no. 32/1968 on the establishment and sanctioning of contraventions, does not suspend the measure to stop the execution of works, ordered by him during the control. (3) Under the conditions of this law, the provisions of art. 6 6 and ale art. 25 25-27 of Law no. 32/1968 . (4) In so far as this law does not have otherwise, the provisions are applicable Law no. 32/1968 .. " 32. The title of Chapter IV shall read as follows: " Final and transitional provisions ' 33. Article 32 shall read as follows: "" Art. 32. -(1) The natural and legal persons who carry out construction works under the conditions of this law have the obligation to fully execute the works at the deadline provided for in the authorization (2) The authorized construction works shall be considered completed if all the elements provided for in the authorization were carried out and if the reception was carried out at the end of the works, under the law, the issuance of the operating authorization being conditional on the existence of the reception minutes. Making the reception at the end of the works is also mandatory in the situation of carrying out the works in (3) When performing the reception at the end of the works, the investor has the obligation to regularize the legal fees and quotas according to the final value of the investment. (4) Constructions executed without a building permit or with non-compliance with its provisions, as well as those that did not perform the reception at the end of the works, according to the law, are not considered completed and cannot be intabulate in the Land. In this situation, the sanctions provided for by this law shall continue to apply. " 34. Article 35 shall read as follows: "" Art. 35. -The right of concession on the land is transmitted in case of succession or alienation of the construction for whose realization it was constituted. Under the same conditions the building permit is also transmitted. " 35. Article 35 shall be inserted after Article 35 with the following contents: "" Art. 35 35 ^ 1. -(1) The building permit for intervention works in order to ensure the requirements of resistance, stability and safety in operation of constructions on which destructive factors of natural or human origin have occurred is issued to consolidate the entire construction. ((2) The issuance of the building permit for the execution of intervention works for the consolidation of constructions with the destination of dwellings, of historical monuments registered in the official lists, regardless of the owner, except those in which commercial activities are carried out, as well as places of worship is exempt from the authorization fee. " 36. Article 36 shall read as follows: "" Art. 36. -The authorization of military constructions is made under the conditions established by the Ministry of Public Works, Transport and Housing together with the ministries and other specialized bodies of the central public administration interested. " 37. Article 36 shall be inserted after Article 36 with the following contents: "" Art. 36 36 ^ 1. --(1) Under the present law, in order to carry out a uniform legislative framework on the authorization of construction works, all technical regulations-norms, regulations, instructions-, with applicability in the field of construction and Urbanism, developed by ministries and other central bodies, is compulsorily transmitted to the Ministry of Public Works, Transport and Housing. (2) Ministries and other central bodies that have developed technical regulations, according to the provisions of par. (1), have the obligation to submit them for the approval of the Ministry of Public Works, Transport and Housing, within 30 days from the date of entry into force of this Law, under the sanction of termination of their applicability. " 38. After Article 37, Articles 37 ^ 1 and 37 ^ 2 are inserted as follows: "" Art. 37 37 ^ 1. -(1) Within 30 days from the publication of the present law in the Official Gazette of Romania, Part I, the county councils, the General Council of the Municipality of Bucharest, as well as the local, municipal and city councils will organize specialty for carrying out the duties under the responsibility of the chief architect, civil servant, head of the specialized services in the field of urbanism, spatial planning and authorization of the execution of works for construction, for: a) the approval of urban planning and spatial planning documentation and the issuance of urban planning certificates; b) obtaining the opinions requested by the urbanism certificate, necessary for the issuance of the single agreement; c) preparation and issuance of the building/dissolution authorization. (2) The specialized structures established within the county councils provide specialized technical assistance, analyze and endorse the documentation submitted for the urban planning certificates and the building permits within the competence of issuing mayors of communes, according to art. 4 4 para. ((1) lit. d), at their request. (3) If, due to the lack of specialists, the specialized structures provided in par. (1), at the level of the cities or municipalities, the provisions of par. ((2). (4) For the establishment of the data bank all owners of over-and underground technical-publishing networks are obliged within 60 days from the entry into force of this law to transmit to the county public administration and the municipality Bucharest cadastral plans including the routes of the existing networks on the territory of the county and the localities, respectively of the city of Bucharest. Article 37 ^ 2. -By Government Decision, within 30 days from the date of entry into force of this Law, the Interministerial Commission for Protected Built Areas shall be constituted for the issuance of the joint opinion of the Ministry of Culture and Religious Affairs and of the The Ministry of Public Works, Transport and Housing, provided in art. 7 7 para. ((1) lit. a) and art. 12 lit. f). " 39. After Article 38, insert Article 38 ^ 1 with the following contents: "" Art. 38 38 ^ 1. --Annex no. 1 1 on the framework content of the project for the authorization of construction works and Annex no. 2 on the definition of specialized terms used in the law are an integral part of this law. " + Article 2 (1) The provisions of this Law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. (2) Within 30 days from the date of entry into force of this law the Ministry of Public Works, Transport and Housing, in consultation with the local public administration authorities and the central specialized public administration, shall issue the methodological norms for law enforcement. (3) The methodological norms shall be published in the Official Gazette of Romania, Part I. + Article 3 On the date of entry into force of this Law, the Annex to the Law no. 50/1991 , republished, art. 8 8 para. 5 5 and section 8 lit. j) of Annex no. II to Environmental Protection Law no. 137/1995 , republished in the Official Gazette of Romania, Part I, no. 70 of February 17, 2000, as well as references to the obligation to issue the environmental agreement for construction-assembly works within the law, from its acts of application, as well as any other provisions contrary to the provisions of this laws. + Article 4 Law no. 50/1991 on the authorization of the execution of construction works and some measures for the realization of housing, republished in the Official Gazette of Romania, Part I, no 3 of 13 January 1997, with subsequent amendments and completions, including those brought by this law, shall be republished, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at the meeting of June 28, 2001, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU This law was adopted by the Senate at the meeting of June 28, 2001, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT NICOLAE VACAROIU + Annex 1 FRAMEWORK CONTENT of the project for the authorization of construction works The project for the authorization of the execution of construction works is elaborated by authorized designers, natural or legal persons, under the provisions of art. 6 ^ 2 of this law, and is extracted from the technical project prepared according to the legal provisions in force, in accordance with the requirements of the urbanism certificate, with the content of the opinions and agreements required by it. The project for the authorization of the execution of construction works shall be drawn up -authorization of execution of construction works-P.A.C.; -authorization of the execution of the abolition works-P.A.D.; -authorization of execution of works organization-P.O.E. The framework content of the project for the authorization of the execution of construction works includes the opis of written and drawn parts, necessary to be presented for authorization. In very exceptional situations, depending on the complexity of the investment subject to authorization, with the opinion of the technical commission for spatial planning and urbanism, will be required by the urbanism certificate and other technical elements with a role of additional specification, to be included in the Project for the authorization of the execution of construction works-P.A.C./P.A.D. A. Project for authorizing the execution of construction works-P.A.C. I. Written parts 1. List and signatures of designers It complements with the name in the clear and the quality of the designers, as well as with the part of the project 2. Memory 2.1. General data: Description of the works that are subject to the project for the authorization of construction works, making references to: -the site, its topography, the tracing of works; -climate and specific natural phenomena; -geology and seismicity; -category of importance of the objective 2.2. Memoirs on specialties Description of works of: -architecture; -structure; --installations; -facilities and technological installations, as the case may be; -exterior design and vertical systematization 2.3. Data and indices characterising the investment projected, included in the Annex to the application for authorisation: -surfaces-built, built on the ground and useful; -building heights and number of levels; -construction volume; -percentage of land occupancy-P.O.T.; -coefficient of land use-C.U.T. 2.4. The general estimate of the works, drawn up in accordance with the legal provisions in force 2.5. Annexes to the memo 2.5.1. Geotechnical study 2.5.2. Project verification references, in accordance with the legislation in force on quality in construction, prepared by verifiers certified by the Ministry of Public Works, Transport and Housing and agreed by the investor 2.5.3. Technical sheets containing the necessary opinion elements in order to issue the single agreement, obtained through the care of the issuer of the authorization and required by the urbanism certificate 2.5.4. Specific documentation required to obtain, through the care of the authorization issuer, the fire brigade notices, the Civil Defence Command and the environmental agreement 2.5.5. Specific opinions required by the urbanism certificate, as a result of the special site conditions or the functionality of the investment, obtained in advance by the applicant-the opinion of the Ministry of Public Works, Transport and Housing, Ministry of Culture and Religious Affairs, Ministry of National Defence, Ministry of Interior, Romanian Intelligence Service, other central administration bodies or their decentralized services, as appropriate, according to legal regulations in force 2.5.6. The agreement of the neighbors, according to the legal provisions in force, expressed in authentic form, for new constructions, located adjacent to existing constructions or in their immediate vicinity-and only if intervention measures are necessary for protecting them-, for construction works necessary to change the destination in existing buildings, as well as in the case of construction sites with a destination other than that of neighbouring buildings II. Comic Parts 1. General plans 1.1. Framing plan in the territory -plank on topographic support targeted by the county office of cadastre, geodesy and cartography, drawn up at the stairs: 1:10,000, 1:5.000, 1:2.000 or 1:1.000, as the case may be 1.2. Situation plan -on the location of the objectives of the investment-plank on topographic support targeted by the county office of cadastre, geodesy and cartography, drawn up at the stairs: 1:2,000, 1:1.000, 1:500, 1:200 or 1:100, as the case may be, stating: ● the cadastral parcel for which the urbanism certificate was issued, described by the totality of the determining topographic elements for the surface, the length of the sides, angles, including the position and the height at the mane of the surrounding turkeys, as well as the position of fixed and mobile tracing landmarks; ● the location of all the constructions that will remain, will be abolished or will be built; ● the construction quotas designed and maintained, on the three dimensions (quotas ± 0,00; level quotas; location distances, axes; quotas of sidewalks, alleys, platforms, etc.); ● the names and destinations of each building body; ● the vertical systematization of the land and the stormwater drainage mode; ● pedestrian and roadway access from the premises and buildings, the plantations provided 1.3. The underground construction plan It will include their location, especially the urban utility networks in the site area: routes, dimensions, level quotas on the positioning of the dormitories-radier and lid-, and will be drafted at 1:500 scale. In case of lack of public networks of technical equipment, the own installations provided by the project will be indicated, especially those for water supply and sewerage. 2. Planse on specialties 2.1. Architecture The architectural pieces will include the main drawings on the architecture of each object, written at 1:50 or 1:100 scale, as follows: -the quoted plans of all underground and above-ground levels, with the indication of functions, dimensions and surfaces; -roof plans-terrace or roof-, with indication of the meteor water drainage slopes and their collection mode, including the indication of the materials from which the coverings are executed; -characteristic sections-especially on the line of the highest slope, where applicable-, comprising the quota of the quota of the quota, the quotas of all levels, the determining heights of the roof-the quotas in the mane and the cornices-, the foundations of the buildings adjacent to which the projected constructions are joined; -all facades, with the indication of materials and finishes, including colors, rated and with indication of connection at the level of the landscaped land; -in the situation of integration of constructions in an existing front, will also present the street deployment showing how to integrate them into the existing urban tissue. 2.2. Structure 2.2.1. Plan of foundations It is drafted at 1:50 scale and will reveal: -how to comply with the conditions of the geotechnical study; -measures to protect the foundations of neighbouring buildings, to which the projected constructions are joined. 2.2.2. Details of foundations 2.3. Installations 2.3.1. Plant schemes The main parameters and functional schemes of the projected installations will be presented. 2.4. Facilities and technological installations If the investment is to operate on the basis of facilities and technological installations, determinants for the planimetric configuration of the constructions, they will present themselves: 2.4.1. Overview drawings 2.4.2. Technological flow schemes Each board presented in Section II-PIESE DRAWN will have at the bottom right a cartridge, which will include: the name of the company or the elaborator designer, the registration number or the authorization number, as the case may be, the title of the project and of the board, the number of the project and of the board, the date of elaboration, the name, the quality and signature of the elaborators and the project chief B. Project for authorizing the execution of abolition works-P.A.D. I. Written parts 1. List and signatures of designers It complements with the name in the clear and the quality of the designers, as well as with the part of the project 2. Memory 2.1. General data Description of the construction to be abolished: -short history: the year of edification, known craftsmen, other characteristic data; -description of the structure, of constituent materials, of the architectural style; -the description and description of the patrimonial or decorative elements to be taken; -color photos-9x12 cm format-of all facades, and where appropriate the results will be presented from the assembly of several photos; -description of the works covered by the project for the authorization of abolition works 2.2. Technical sheets containing the elements of opinion necessary to issue the single agreement obtained through the care of the issuer of the authorization and required by the urbanism certificate II. Comic Parts 1. Framing plan in the territory -plank on topographic support targeted by the county office of cadastre, geodesy and cartography, drawn up at the stairs: 1:10,000, 1:5.000, 1:2.000 or 1:1.000, as the case may be 2. Plan on the situation of buildings -plank on topographic support covered by the county office of cadastre, geodesy and cartography, drawn up at the stairs: 1:2.000, 1:1.000, 1:500, 1:200 or 1:100, as the case may be, stating: ● the cadastral parcel for which the urbanism certificate was issued; ● the location of all constructions that will remain or will be abolished; ● the arrangement of the land after the construction was abolished; ● the vertical systematization of the land and the stormwater drainage mode; ● existing plantations and which are maintained after the abolition On the board will be distinctly indicated the existing elements, those that are abolished and those proposed-situation plan, new constructions or earth fillings, plantations, etc., as the case may be. 3. The Underground Construction Plan It will include their location, especially the urban utility networks in the site area: routes, dimensions, level quotas on the positioning of the dormitories-radier and lid-, and will be drafted at 1:500 scale. In case of lack of public networks of technical equipment, the own installations provided by the project will be indicated, especially those for water supply and sewerage. 4. The construction student to be abolished The boards will be drafted at a convenient scale-1:100 or 1:50-, allowing to highlight the existing spaces and functions, with the indication of existing quotas, surfaces and materials: -the plans of all levels and the roof plan; -main sections: transversal, longitudinal, other characteristic sections, as appropriate; -all facades. C. Project for organizing the execution of works-P.O.E. The project to organize the execution of works-P.O.E. -is necessary in all cases where an investment is made. If it does not present itself together with the project for the authorization of the execution of the construction works, a separate building permit will be obtained from that for the actual investment. The project for the organization of the execution of works must include the description of all provisional and necessary provisional works in order to ensure the investment execution technology, both on the land related to the investment and on the premises temporarily occupied outside it, including those on the public domain, as follows: I. Written parts 1. List and signatures of designers It complements with the name in the clear and the quality of the designers, as well as with the part of the project 2. Memory It will include: -description of the provisional works: organization of the premises, the location of constructions, furnishings and deposits of materials; -insurance and procurement of materials and equipment; -providing provisional connection to the urban utility network in the site area; -details of the accesses and fencing; -details on labor protection. The technical elements of approval regarding the provisional connection to the urban utilities in the area, necessary to obtain the single agreement, will be presented within the Technical Fates prepared in the Project for the authorization of the execution of construction-P.A.C. or P.A.D., as appropriate. II. Comic Parts General plan a) in the larger works, a plan is drawn up according to the plan of situation regarding the location of the investment objectives, including the investment site and all the necessary facilities and constructions b) to the smaller works the elements of organization of the execution of the works will also be presented in the situation plan regarding the location of the investment objectives of the project for the authorization of the execution of the construction works. If the abolition requires complex technical operations, a technical project to organize the execution of the works will also be present. Each board presented within Section II DRAWN PARTS will have at the bottom right a cartridge, which will include: the name of the company or the elaborator designer, the registration number or the authorization number, as the case may be, the title of the project and of the board, the number of the project and of the board, the date of elaboration, the name, the quality and signature of the elaborators and the project chief + Annex 2 DEFINITION some of the specialized terms used in the law ● Single agreement Document with an assent value, necessary for the elaboration and issuance of the building/dissolution authorization, drawn up on the basis of the conclusions and proposals resulting from the examination and approval of the technical documentation submitted for the purpose authorisation, summing up the conditions and recommendations made by: -the opinions and agreements for urban utilities regarding the connection of the objective and the organization of the execution of works on urban utility networks (water/canal, electricity, gas, heating, telecommunications, sanitation, urban transport); -the specific opinions and agreements obtained from the Fire Brigade, the Civil Defence Command, the environmental agreement, as well as the health of the population The single agreement shall be drawn up by the specialized structures established under the authority of the local public administration, under the conditions of 4 ^ 1 para. ((1). ● Building/disbanding authorization The act of authority of the local public administration-county councils and municipal, city and communal councils-, on the basis of which construction works can be carried out The procedure for issuing the building/abolition authorization is regulated by this law and the methodological norms developed by the Ministry of Public Works, Transport and Housing. ● Household annexes Constructions of a definitive or provisional nature, meant to house specific activities, complementary to the function of habitation, which, by placing in the vicinity of the dwelling, make up together with this a distinct functional unit In the category of household annexes, as a rule in rural areas, are included: summer kitchens, stables for large animals, patulas, sheds, warehouses and the like. Similarly they are assimilable to the notion of household annexes and garages, greenhouses, swimming pools and the like. ● Household annexes of agricultural holdings Constructions located in areas isolated in extravilan and removed by the locality of residence of agricultural workers, meant to house agricultural machinery, machinery, small workshops, tools, other goods of them, including animals, as well as spaces for temporary accommodation during agricultural campaigns ● Approval/approval Endorsement-procedure for the analysis and expression of the point of view of a technical commission from the structure of ministries, local public administration or other interested central or territorial bodies, having as object the analysis of solutions functional, technical-economic and social indicators or other elements presented through the spatial planning and urban planning documentation or through the project for the authorization of the execution of the construction works-extracted from the technical project (P. Th.) on which the works will be executed. The endorsement is embodied by an act (favourable or unfavourable opinion) which has a technical nature of obligation. Approval-the option of the deliberative forum of the competent authority to acquire proposals from the documentation presented and supported by the favorable technical opinions, previously issued. The act of approval gives the documents the power of application, thus constituting the legal basis in order to carry out the territorial and urban development programs, as well as to authorise the execution works of the investments. ● Buildings of low importance Construction with common functions, with a low risk degree, affecting a small number of people: -residential buildings with S + P + 1E, with a maximum of 6 apartments; -buildings for education, with no more than 4 functional units; -communal dispensaries without stationary; -administrative offices in rural areas: mayors, police stations, rural credit cooperatives, libraries, post offices and the like; -buildings for trade and food, with an area of up to 200 square meters and with openings up to 6 m; -halls and workshops for craft activities that do not generate vibrations, with an area of up to 200 square meters and openings up to 6 m; -household outbuildings and annexes: garages, summer kitchens, stables, suri and the like; --construction of a provisional nature ● Construction of a provisional nature Constructions authorized as such, regardless of the nature of the materials used, which, by the specificity of the function housed or due to the urban requirements imposed by the public authority, have a limited duration of existence, also specified by the authorization building As a rule, temporary constructions are made of materials and compositions that allow rapid dismantling in order to bring the land to its original state (metal confections, timber parts, plastics or the like) and are of small size. The category of temporary constructions includes: kiosks, tonettes, cabins, places of exposure located on the paths and in public spaces, fixtures and display panels, companies and advertisements, awnings, pergolas or the like. For the purposes of this law the realization of provisional constructions is authorized under the same conditions as the definitive constructions are authorized. ● Special constructions Military constructions that are authorized under the conditions provided in art. 36 ● Documentation of spatial planning and urban planning Written and drawn document assemblies, relating to a defined territory, analysing the existing situation and setting out the objectives, actions and development measures for a fixed period The structure of the spatial planning and urban planning documentation includes: a) the spatial planning plans; b) urban plans; c) Local urban planning regulations. The definition and the framework content of the spatial planning and urban planning documentation are done by the law of spatial planning and urbanism. ● Right of execution of construction works The real right-title, inheritance, act of sale-purchase, donation, convenience, court decision or concession-, which gives the holder the right to request the issuance of the building permit or to abolish ● Company The constructive element applicable on the building or independently, on which the identification data of a public institution, companies, foundations, trade name, object of activity or any other specific text is inscribed, under which a the natural or legal person exercises his or her activity in a building or an enclosure ● Intravilan of the locality The territory determined by the General Urban Plan (PUG), which includes the whole land with and without construction, which constitutes a locality The intravilan can develop by expanding into extravilan only on the basis of zoning urban plans (PUZ), legally approved, later integrating into the urban general plan (PUG) of the locality. ● Extravilan of the locality The territory between the limit of the intravilan and the territorial-administrative boundary of the locality ● Fencing Definitive or provisional constructions, with the role of delimiting surfaces, areas or plots on which there are forms of ownership, executed for protection against intrusions, made of different materials-concrete, brick, stone, wood, metal, including barbed wire lying on the bulumaci-, or through specific plantations. ● Construction works Specific operations by which: -construction is carried out of any kind-civil, industrial, agrootechnical, underground and aerial publishing, communication paths, engineering works, art, etc.; -such constructions are abolished by demolition, dismantling, dynamiting, etc. ● Specific works on communication paths, which do not require a building permit Maintenance work that does not require project and general deviation, consisting of a work complex that is carried out on a permanent basis, in order to maintain the construction-facilities under technical conditions corresponding to continuous deployment, comfortable and in full traffic safety, at the level of maximum traffic ● Urban furniture Functional and/or decorative elements located in public spaces that, through composition, appearance, location, give special personality to the area or locality. By their nature the pieces of urban furniture are assimilated to the constructions if their location is made by constructively binding to the ground (concrete platforms foundations, connections to urban utilities, except electricity), requiring the issuance of building permit. They belong to the category of urban furniture: planters, lampposts, benches, basins, decorative pavements, pergolas, telephone booths and the like. ● Plot The urban design operation that determines the division of one or more distinct land properties, intended for construction, for the purpose of assigning, conceding or selling the resulting lots ● Technical project (P. Th.) Documentation-written and drawn parts-, comprising the technical and economic solutions for the realization of the investment objective and on the basis of which the authorized works are executed ● Project for the authorization of construction works The project for authorizing the execution of construction works, necessary to issue the building permit, is extracted from the Technical Project (P. Th.) and is elaborated under the provisions of the present law and in accordance with the framework content contained in Annex no. 1. ● Works reception The reception of the works is a component of the quality system in construction and is the act certifying the completion of the works carried out in accordance with the provisions of the technical project and the details The reception of construction works of any category and installations is carried out both on new works and on interventions in time on existing constructions, according to the law. The reception of the construction works is carried out in two stages, according to the legal provisions in force, as follows: -reception at the end of works -final reception. ● Protected areas The territories geographically delimited, in which there are elements or ensembles of natural or cultural heritage of particular value. In relation to the nature of heritage elements, the protected areas are: a) protected natural areas, established for the protection and enhancement of natural heritage with special value; b) protected built areas, established for the rescue, protection and enhancement of the built heritage, with particular historical, cultural or memorial value. ------------