Law No. 50 of 29 July 1991 (republished * *) (* updated *) authorizing execution of construction works (updated until July 18, 2016 *) ISSUER-PARLIAMENT-------Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the Republished pursuant to art. Paragraph 5. (1) of law No. 199/2004 for the modification and completion of the law #. 50/1991 authorizing execution of construction works, published in the Official Gazette of Romania, part I, no. 487 of 31 May 2004, giving it a new texts.
Law No. 50/1991 was republished in the Official Gazette of Romania, part I, no. 3 of 13 January 1997 and amended by:-Government Emergency Ordinance nr. 231/2000 for the modification and completion of the law #. 50/1991 authorizing execution of construction and measures for carrying out housing, published in the Official Gazette of Romania, part I, no. 612 of 29 November 2000, rejected by law nr. 413/2001 published in the Official Gazette of Romania, part I, no. 402 of 20 July 2001;
-Government Emergency Ordinance nr. 295/2000 for suspension or repeal of emergency Ordinances and decrees of the Government, as published in the Official Gazette of Romania, part I, no. 707 of 30 December 2000, approved by law No. 109/2001 published in the Official Gazette of Romania, part I, no. 157 of 29 March 2001;
-Law No. 350/2001 concerning spatial planning and urbanism, published in the Official Gazette of Romania, part I, no. 373 of 10 July 2001;
-Law No. 453/2001 for the modification and completion of the law #. 50/1991 authorizing execution of construction works and measures for carrying out housing, published in the Official Gazette of Romania, part I, no. 431 of 1 august 2001, corrected in the Official Gazette of Romania, part I, no. 712 of 8 November 2001;
-Order No. 5/2002 for the amendment of art. 4 of law No. 50/1991 authorizing execution of construction works, republished, as published in the Official Gazette of Romania, part I, no. 70 of 31 January 2002, approved by law No. 455/2002 published in the Official Gazette of Romania, part I, no. 504 of 12 July 2002;
-Order No. 36/2002 on taxes and local taxes, republished in the Official Gazette of Romania, part I, no. 670 of 10 September 2002, repealed by law No. 571/2003 regarding the fiscal code, published in the Official Gazette of Romania, part I, no. 927 of 23 December 2003;
-Law No. 401/2003 for the modification and completion of the law #. 50/1991 authorizing execution of construction works, published in the Official Gazette of Romania, part I, no. 749 of 27 October 2003.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter Authorizing execution of construction works in article 1 (1) the execution of construction works shall be permitted only on the basis of an authorization or remove a building, issued under this law, at the request of the holder of a right in rem in respect of a building-land and/or building identified by cadastral numbers, where the law provides otherwise.
— — — — — — — — —-. (1) of article 1. 1 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(2) civil, industrial Constructions, including the support of technological installations and machinery, agricultural or otherwise may be carried out only under authorization to construct, issued under the present law, and regulations relating to the design and execution of construction.
(3) exception from paragraph 1. (1) execution of constructions with special character, which is carried out on the basis of treaties/agreements in force to which Romania is a party, shall be regulated by the implementing arrangements/agreements/agreements/memoranda on implementation of their respective treaties, adopted according to the laws in force, provided confirmation of the technical documentation according to the laws in force.
— — — — — — — — —-. (3) art. 1 was introduced by section 1 of article. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
Article 2 (1) the authorization to construct the final act constitutes the authority of local public administration on the basis of which it is permissible to execute construction works corresponding to the measures provided for in the law regarding the location, design, realisation, exploitation and postutilizarea construction.
— — — — — — — — —-. (1) of article 1. 2 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(2) the authorization shall be issued on the basis of building documentation for execution of construction, elaborated under the present law, pursuant to and in compliance with the provisions of the town planning documentation, certified and approved according to the law.
— — — — — — — — —-. (2) of article 9. 2 was amended by section 1 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending paragraph 2 of art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(2 ^ 1) The procedure for authorising the execution of construction works commences with the filing of the application for the issuance of the certificate of city planning in order to obtain, as a final act, authorization to construct and comprises the following stages: a) issuing the certificate of urbanism;
b) issue point of view of the competent authority for environmental protection for investments that are not subject to the procedures for environmental impact assessment;
(c) notification by the applicant) to the competent public administration authority with regard to maintaining the demand for obtaining, as final act, authorization to construct, for the competent authority's investments for environmental protection has established the need for environmental impact assessment and issued guides under the legislation concerning the assessment of the impact of certain public and private projects on the environment;
d) opinions and agreements, as well as the Act of the competent authority for environmental protection investment evaluated from the standpoint of environmental impact;
e elaboration of technical documentation) to authorise the execution of construction works, the technical documentation-previous passport;
(f) submission of documentation for authorisation) execution of construction works at the public administration competent authority;
g) authorization to construct.
— — — — — — — — —-. (2 ^ 1), art. 2 was amended by paragraph 2 of article 9. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009, which amends section 3 of article 9. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(3) building permits for bus communication paths for reclamation facilities, telecommunications networks or other infrastructure works, which runs near the settlements, are issued in compliance with the landscaping plans, approved and approved according to the law.
(4) by exemption from the provisions of paragraph 1. (2) may be issued without authorization and documentation of landscaping and urbanism have been approved, for: a modification) work, repair, protection, restoration and preservation of buildings of any kind, provided that the maintenance of the same functions, built from the ground surface and volumetric shape them;
the ^ 1) modernising of buildings works with yet another level, once, in the area of maximum 20% of the area built buildings unfolded provided their location outside built-up areas or protected areas for the protection of monuments, as appropriate;
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Lit. the ^ 1) para. (4) article. 2 was introduced by point 3 of article 1. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 3 ^ 1.
a ^ 2) works to expand the social, educational buildings, health, culture and administrative belonging to public and private domain of the State and administrative-territorial units, if the expansion fits into local planning regulation which relates to general urban plan-plan or regional GUP-ZUP, approved and in force;
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Lit. the ^ 2) of para. (4) article. 2 was introduced by point 3 of article 1. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 3 ^ 1.
He ^ 3) change of use of existing constructions, if the new service meets local zoning regulations which relates to the general urban plan-plan or regional GUP-ZUP, approved and in force;
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Lit. the ^ 3), para. (4) article. 2 was introduced by point 3 of article 1. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 3 ^ 1.
b) mending concerning ways of communication, technical building equipment and the like, without changing the route and, where appropriate, of their functionality;
c) repair works concerning the environment, urban furniture, furnishings for green spaces, parks and public gardens, squares, pedestrian and other works of public spaces;
d) research and prospecting of land-drilling and excavation-needed to carry out geotechnical studies, exploitation of quarries, gravel pits, gas and oil rigs, and other exploitation;
e) camps of tents.
Article 3 (1) of the Civil Construction, industrial, agricultural, the support of technological machinery, installations and infrastructure of any kind or of any nature may be carried out only under the authorization of the construction, as well as regulations on the design and execution of construction, for: (a) construction works), consolidation, reconstruction, alteration, expansion, rehabilitation, or repair of structures of any kind as well as the related facilities, except as provided in article 13. 11;
b construction works), reconstruction, expansion, repair, strengthening, restoration, conservation, protection, and any other works, regardless of their value, to be performed at all types of monuments provided for in law No. 422/2001 for protection of historical monuments, republished, with subsequent amendments and additions, including their annexes, identified in the same building-land and/or buildings, buildings located in areas of protection of monuments and protected areas constructed, laid down by law, or in construction with architectural or historic value, as determined by the approved planning documents;
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Lit. b) of paragraph 2. (1) of article 1. 3 was amended by section 1 of article. 1 of law No. 53 on 30 March 2016 published in MONITORUL OFICIAL nr. 245 from 1 April 2016.
(c) the construction works), reconstruction, alteration, repair, modernization, expansion and rehabilitation of the communications of any kind, forest roads, structures, facilities and networks, technical building equipment, tubes and connections to utility networks, hydro-technical works, outfitting of whites, reclamation works and the works of infrastructure installations, works for new capacity for the production, transmission, distribution of electricity and/or heat as well as the rehabilitation and refurbishment of existing ones;
d) fencing and urban furniture, furnishings for green spaces, parks, playgrounds and recreational markets and other works of public spaces;
e) drilling and excavation works necessary for carrying out geotechnical studies and geological prospecţiunilor, designing and exploitation of quarries and gravel pits, probing gas and oil as well as other surface mining, underground or underwater;
— — — — — — — — — — point 1 of article 2. From the EMERGENCY ORDINANCE nr. 85 of 5 October 2011, published in MONITORUL OFICIAL nr. 716 of 11 October 2011, which changes the lit. s) para. (1) of article 1. 3 of this normative act, was repealed by section 1 of article. in accordance with law No. 81 of 5 April 2013, published in MONITORUL OFICIAL nr. 199 of 9 April 2013. As a result of these repeals, lit. s) para. (1) of article 1. 3 has returned to its original form as amended by paragraph 4 of art. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009.
f) works, and construction facilities with transitional nature necessary for the Organization of the execution, under the conditions laid down in article 21. 7 para. (1) and (1 ^ 3);
g) camps of tents, cabins or caravans;
h) works with provisional: kiosks, tonete, showers, exposure, and display panels, and advertisements, canopies and pergolas located along paths and public spaces, as well as domestic household annexes of farms located in the area;
new cemeteries-I) and extensions.
(2) in order to simplify the procedure for authorising the execution of temporary buildings specified in paragraph 2. (1) (a). d), g) and (h)), the authorization will be issued, construction on the basis of technical documentation-simplified the previous passport in relation to the content of the framework set out in the annex. 1.
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Art. 3 was amended by paragraph 4 of art. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
Article 4 (1) building permits are issued by the Presidents of the county councils, the Mayor of the municipality of Bucharest, by the mayors of municipalities, the sectors of Bucharest, of cities and communes for execution as defined in art. 3 as follows: the Presidents of the county councils), the mayors, for the work that is performed: 1. land exceeding an administrative-territorial units;
2. in the outskirts and administrative-territorial units whose mayoralties have no employee-public official with duties in the field of urban planning, the planning and execution of the construction authorization, specialized structures organized according to law;
— — — — — — — — — — section 2 of lit. of paragraphs 1 to 5). (1) of article 1. 4 was amended by paragraph 2 of article 9. 1 of law No. 53 on 30 March 2016 published in MONITORUL OFICIAL nr. 245 from 1 April 2016.
the ^ 1) County Councils Chairmen, with the consent of the territorial-administrative unit Secretary or the person appointed by the prefect, pursuant to article. 55 paragraph 1. (8 ^ 1) of the law on local public administration no. 215/2001, republished, with subsequent amendments and additions, in exceptional situations in which the work is being executed at the estate located within the administrative-territorial units where the local Council is dissolved and the Mayor cannot exercise their powers: 1. as a result of the termination or suspension of the mandate of the law;
2. in the event that the primary front were arranged according to criminal law preventive measures other than those that determine the suspension of mandate and which make it impossible to exercise the powers provided for by the law;
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Lit. the ^ 1) para. (1) of article 1. 4 was introduced by art. VII of the EMERGENCY ORDINANCE nr. 41 of 30 September 2015, published in MONITORUL OFICIAL nr. 733 of 30 September 2015.
b) mayors of municipalities, for works that are running in their administrative territory, except as provided in (b). section 1 of);
c) Mayor of Bucharest, with the mayors of sectors of Bucharest, for the work which runs: 1. land exceeding a territorial-administrative sector and those in the area;
2. the construction industry. 3 paragraphs 1 and 2. (1) (a). b);
— — — — — — — — — — section 2 of lit. c) of paragraph 2. (1) of article 1. 4 was amended by section 5 of art. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 4 ^ 2.
3. works of modernization, extension, rehabilitation of urbanistic networks, municipal, urban transport, underground or surface transport and distribution, for: water/sewer, gas, electric, central heating systems, as well as papers and/or rehabilitation for streets that are in the administration of the City Hall of Bucharest;
— — — — — — — — — — section 3 of subparagraph (c). c) art. 4 was amended by section 1 of article. 42 of law No. 154 of 28 September 2012, published in MONITORUL OFICIAL nr. 680 from 1 October 2012.
d) mayors of sectors of Bucharest, for running in the administrative territory of the sectors, with the exception of those referred to in points. (c)), including tubes and fittings related utility networks;
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Lit. d) art. 4 was amended by section 5 of art. in accordance with law No. 119 of 5 May 2005, published in Official Gazette No. 412 of 16 May 2005, which amended article 1. in EMERGENCY ORDINANCE No. 122 of 24 November 2004, published in Official Gazette No. from 6 December 2004 1,152.
s) mayors of territorial-administrative units which have specialized device employees-civil servants with duties in the field of urban planning, planning and authorization for execution of construction works which runs: — — — — — — — — —-the introd. (5); s) para. (1) of article 1. 4 was amended by section 3 of article 9. 1 of law No. 53 on 30 March 2016 published in MONITORUL OFICIAL nr. 245 from 1 April 2016.
1. in their administrative territory, except as provided in (b). section 1 of);
2. the construction of monuments representing ranked or ranking procedure according to the law, the administrative territory, pursuant to article. 10 lit. He and art.) 45 para. (4) and with the opinion of the architect-in-Chief of the County;
— — — — — — — — — — section 2 of lit. s) art. 4 was amended by section 6 of article. in accordance with law No. 119 of 5 May 2005, published in Official Gazette No. 412 of 16 May 2005, which amended article 1. in EMERGENCY ORDINANCE No. 122 of 24 November 2004, published in Official Gazette No. from 6 December 2004 1,152.
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Lit. f) of paragraph 2. (1) of article 1. 4 has been repealed by section 5 of art. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with (4) ^ 4.
(2) execution of investments For locations beyond the limits of the administrative County of Bucharest, respectively, in the neighbouring administrative-territorial units, in order to harmonise the conditions for authorization for the entire investment, the competent central public administration authority with regulatory powers according to law, in the field of investment subject to authorisation, will issue an opinion on the basis of which the Coordinator, the Presidents of the county councils concerned , respectively, Mayor of Bucharest, as appropriate, shall issue building permits for execution of the investment related parties placed in the administrative-territorial units from their area of expertise.
— — — — — — — — —-. (2) of article 9. 4 was amended by paragraph 2 of article 9. in accordance with law No. 81 of 5 April 2013, published in MONITORUL OFICIAL nr. 199 of 9 April 2013, introducing section 1 ^ 1 of article. From the EMERGENCY ORDINANCE nr. 85 of 5 October 2011, published in MONITORUL OFICIAL nr. 716 of 11 October 2011.
(2 ^ 1) For the installation and development of electronic communications networks, Ministry of regional development and tourism will deliver an opinion, which the Presidents of the county councils involved, namely the general Bucharest City Mayor will issue permits for all construction work in their area of competence.
— — — — — — — — —-. (2 ^ 1), art. 4 was introduced by section 2 of art. 42 of law No. 154 of 28 September 2012, published in MONITORUL OFICIAL nr. 680 from 1 October 2012.
(3) building permits as referred to in paragraph 1. (2) and (2 ^ 1) shall take effect from the date of entry into force of the last construction permits issued under this law.
— — — — — — — — —-. (3) art. 4 was amended by section 3 of article 9. 42 of law No. 154 of 28 September 2012, published in MONITORUL OFICIAL nr. 680 from 1 October 2012.
(4) Repealed.
— — — — — — — — —-. (4) article. 4 was repealed by point 7 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009, which amended section 5 of art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(5) Repealed — — — — — — — — —-. (5) article. 4 was repealed by section 2 of art. From the EMERGENCY ORDINANCE nr. 85 of 5 October 2011, published in MONITORUL OFICIAL nr. 716 of 11 October 2011 (6) Notwithstanding the provisions of article 4. 2 (2). (1) execution of the necessary drillings for geotechnical studies and geological prospecţiunilor, design and opening up the oil and gas exploitation, other underwater, as well as exploitation of the works of construction of the energy transport submarine networks and communications, in the territorial sea, the contiguous zone or exclusive economic zone of the Black Sea, where appropriate, on the basis of the authority of the competent authority designated by the special law that take the place of planning permission and the disturbance/under the terms of specific legislation in the field of gas, oil, electricity and communications, which works as appropriate.
— — — — — — — — —-. (6) article. 4 was introduced by point 3 of article 1. in accordance with law No. 81 of 5 April 2013, published in MONITORUL OFICIAL nr. 199 of 9 April 2013, introducing item 3 of article. From the EMERGENCY ORDINANCE nr. 85 of 5 October 2011, published in MONITORUL OFICIAL nr. 716 of 11 October 2011.
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Art. 4 was modified by art. in EMERGENCY ORDINANCE No. 122 of 24 November 2004, published in Official Gazette No. from 6 December 2004 1,152.
Article 5 (1) notices and agreements established by the urbanism certificate is requested by the investor/client and is obtained from the competent authorities in the field prior to the submission of the documentation for the authorization of enforcement of construction works to the competent public authorities to: (a) securing and connection)/perform at municipal infrastructure, in terms of features and their location/transport distribution networks in the area of energy site;
b) connecting to the network communication paths;
c fire safety), civil protection and health protection of population;
d) specific requirements areas with restrictions set by regulations.
(2) Acts of authority issued by the competent authorities for the protection of the environment. 2 (2). (2 ^ 1). b) and d) is required and the applicant/investor.
(3) the notices and agreements established by the urbanism certificate, together with the opinion of the competent authority for environmental protection or, where appropriate, administrative act, obtained in accordance with paragraph 1. (1) and (2), shall be attached to and become an integral part of the building permit.
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Art. 5 was amended by point 9 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009, which amended section 6 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
Article 6 (1) certificate of urbanism is the Act by which the authorities of the information referred to in article 1. 4, art. 43 lit. a): — — — — — — — — —-the introd. paragraphs 1 to 5. (1) of article 1. 6 was amended by paragraph 2 of article 9. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
to make known to the applicant) information relating to the legal, economic and technical construction of land and existing at the date of the request, in accordance with the provisions of the urban plans of the relevant regulations and times of landscaping plans, where appropriate, certified and approved according to the law;
b) establishing urban to be met depending on the specifics of the site;
c) establish the list of notices/in order to allow the necessary agreements;
d) încunoştinţează investor/applicant of the obligation to contact the competent authority for environmental protection, in order to obtain the point of view and, where appropriate, of its administrative act necessary for approval.
— — — — — — — — —-. (1) of article 1. 6 was amended by paragraph 10 of article 10. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009, which amended point 7 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(1 ^ 1) The view of the competent authority for protecting the environment is written document issued by it after initial evaluation stage and after the stage of investment in the process of environmental impact assessment, and the administrative act of the competent authority for the protection of the environment is appropriate, the environmental agreement or opinion of Natura 2000.
— — — — — — — — —-. (1 ^ 1), art. 6th amended point 11 of article 1. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009, which amended section 8 of art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(2) certificate of urbanism is issued by the competent authorities to authorise the construction works referred to in art. 4 and art. 43 lit. the applicant is issued) and no later than 30 days from the date of registration of the application, mentioning the purpose of issuing it.
— — — — — — — — —-. (2) of article 9. 6 was amended by section 3 of article 9. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
(2 ^ 1) Local public authorities have the obligation to pay within 15 days technical support specialist authorities referred to in article 1. 43 lit. in the process of issuing) certificate of urbanism, urban requirements for establishment to be met depending on the specifics of the site.
— — — — — — — — —-. (2 ^ 1), art. 6 was introduced by paragraph 4 of art. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
(3) certificate of urbanism is signed by the Chairman of the County Council or mayor, where appropriate, the Secretary and the architect-in-Chief or person with responsibility in the field of spatial planning and urbanism of the authority issuing the responsibility of public administration issue its returning applicants, according to the powers set out under law.
(3 ^ 1) The authorities referred to in article 1. 43 lit. the urbanism certificate) shall be signed by the persons with responsibility in this area, named by the internal order of the authority.
— — — — — — — — —-. (3 ^ 1), art. 6 was introduced by section 5 of art. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
(4) for the purpose of issuing the certificate of urbanism, the applicant-any natural or legal person concerned-will address the authorities referred to in article 1. 4 with an application which will contain both the particulars of the property for which the certificate is applied for, respectively, the cadastral number, and number of land register, where, if the law otherwise, as well as the elements that define the purpose of the request.
— — — — — — — — —-. (4) article. 6th amended point 12 of article 4. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending point 9 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(5) certificate of urbanism does not confer the right to execute construction works.
(6) certificate of urbanism and will be issued in the following situations: a) for the purposes of the concession of land, according to the law;
(b)) to be disposed of through public works tender design stage "feasibility study," according to the law;
c) for legal and notarial transactions concerning real estate circulation when the operations in question cover împărţeli times required for amalgamations in furtherance of plots for construction works, as well as the provision of a crossing encumbrances with respect to an estate. Legal operations, carried out in the absence of the urbanism certificate, are hit by invalidity.
— — — — — — — — —-. (6) article. 6th amended point 12 of article 4. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending point 9 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
Article 6 ^ 1 (1) specific Measures for environmental protection established by the Act of the competent authority for environmental protection will be taken into account in the preparation of technical documentation-previous passport and cannot be changed through the procedure of authorization or the authorization of the construction.
(2) where an investment to be achieved step-by-step or to put on the land territory of several neighbouring administrative-territorial units, environmental impact assessment is carried out for the entire investment.
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Art. 6 ^ 1 was introduced by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
Article 7 (1) authorization is issued for the execution of construction works and those related to the organisation of execution, not later than 30 days from the date of authorization documentation for execution of construction works, which includes the following documents: copy of) urbanism certificate;
b) proof in the certified copy, of the title on the property, land and/or building and, where appropriate, the extract of the cadastral plan up-to-date and extract from the land register information updated daily, where the law otherwise;
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Lit. b) of paragraph 2. (1) of article 1. 7 amended by point 13 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending point 11 of article 1. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
technical documentation-c) previous passport;
d) notices and agreements established by the certificate of city planning, the view of the competent authority for environmental protection and, where appropriate, the administrative act;
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Lit. d) of paragraph 2. (1) of article 1. 7 amended by point 13 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending point 11 of article 1. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
d ^ 1) for trans-European transport infrastructure, notices and agreements established by/certificate of city planning, the view of the competent authority for environmental protection and, where appropriate, administrative act, notices/principle agreements or, where appropriate, the opinions of the favourable location for resettlement conditional systems/networks for the transmission and distribution of electricity, natural gas and crude oil as well as other network utilities located on the corridor of the expropriation.
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Lit. d ^ 1) para. (1) of article 1. 7 was introduced by section 1 of article. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
e) repealed;
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Lit. s) para. (1) of article 1. 7 was deleted from point 14 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending point 11 of article 1. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
f) proof of payment of fees related to the certificate of urbanism and construction permit.
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Lit. f) of paragraph 2. (1) of article 1. 7 amended by point 15 of article 2. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending point 11 of article 1. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
— — — — — — — — —-. (1) of article 1. 7 was changed by the point 11 of article 1. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(1 ^ 1) Notwithstanding the provisions of paragraph 1. (1) for changes to the annexes of the Convention, representing the farm household term for issuing the authorization for the construction is 15 days from the date of registration of the application.
— — — — — — — — —-. (1 ^ 1), art. 7 was introduced by point 3 of article 1. in accordance with law No. 101 of 9 May 2008, published in MONITORUL OFICIAL nr. 371 of 15 May 2008.
(1 ^ 2) Documentation for the authorization of enforcement of construction works shall be filed and recorded in the public administration competent authority only if the applicant submits all the documents referred to in paragraph 1. (1) — — — — — — — —-. (1 ^ 2) of art. 7 was amended by paragraph 16 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending point 12 of article 4. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(1 ^ 3) In compliance with the legislation on assessment of the impact of certain public and private projects on the environment, in the event that changes occur for which an authorization is required for each separate building for organizing the execution of the works, it will be issued only if the competent authority finds that environmental modifications to comply with the limits of the administrative act issued previously in the case, the competent authority for environmental protection restores the basic assessment of the effects of the work of the Organization and execution of works and related issues a new administrative act.
— — — — — — — — —-. (1 ^ 3) of art. 7 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(1 ^ 4) Shall be exempt from the provisions of paragraph 1. (1) (a). b) construction works relating to realisation, development or relocation systems/national networks of transport and distribution of electricity, natural gas and crude oil, condensate, etanului, gazolinei, carried out by the holders of licenses, permits and license agreements for petroleum, the petroleum concession or agreement are documents which are issued by the authorization of the construction, with the notification and awarding of allowances annuity, the damages shall, where appropriate, the owners, along with proof of completion in advance of an agreement between the parties, based on the extract from the land register, free, updated or, where appropriate, in the event that your listings are not entered in the land register, the title and the record holder in possession.
— — — — — — — — —-. (1 ^ 4) art. 7 was introduced by section 2 of art. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
(1 ^ 5) Where the authorization of the construction has been issued on the basis of the opinions referred to in paragraph 1. (1) (a). d ^ 1), the beneficiary shall submit the permit issuer building permits/agreements or, where appropriate, for site approvals, for removing lands from the forest or for relocation systems/networks for the transmission and distribution of electricity, natural gas and crude oil, as well as other network utilities located on the corridor of expropriation until the date of signing the acceptance report at the completion of the work.
— — — — — — — — —-. (1 ^ 5) of art. 7 was introduced by section 2 of art. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
(2) technical documentation shall be prepared-previous passport in accordance with the contents of the framework set out in the annex. 1, in accordance with the requirements of the urbanism certificate, the content of the Act of the competent authority for the protection of the environment, permits and agreements required by zoning certificate shall be made, and shall be signed and shall be verified according to the law.
— — — — — — — — —-. (2) of article 9. 7 was changed by the pct, article 13. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(2 ^ 1) Technical documentation-related investments for which previous passport authority responsible for protecting the environment assessed the environmental effects and has issued the administrative act shall be checked for the essential requirement of quality in building "c) hygiene, health and environment", according to the law.
— — — — — — — — —-. (2 ^ 1), art. 7 was introduced by the pct, article 14. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(2 ^ 2) In the event that, after the issuance of the administrative act of the competent authority for environmental protection and for authorisation documentation before depositing the execution of construction works, investment changes which have not been subjected to the evaluation of environmental effects, these will be referred to by the Verifier essential requirement for certified projects «c) hygiene, health and environment» in the statement of verification of the technical documentation of the investment , and the applicant/investor has the obligation to notify the public authority for issuing environmental protection with regard to these amendments, according to the provisions of legislation concerning the assessment of the impact of certain public and private projects on the environment.
— — — — — — — — —-. (2 ^ 2) of art. 7 was changed by the point of article 41. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. The EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the phrase «technical Checker» with the words «projects» checker. "
(2 ^ 3) Technical documentation-previous passport for thermal rehabilitation of buildings shall be checked for the essential requirement of quality construction «f) energy saving and thermal insulation», according to the law.
— — — — — — — — —-. (2 ^ 3) of art. 7 was introduced by the pct, article 14. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(3) in the event of technical documentation incomplete, it shall notify the applicant in writing, within 5 days from the date of registration, with mention of the materials necessary for its completion.
— — — — — — — — —-. (3) art. 7 was changed by the pct, article 17. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 14 ^ 1.
(3 ^ 1) Individuals involved in the elaboration of the documentation and verification/issue authorisations for the construction material are responsible, civil, criminal and administrative offences, as applicable, for failure to observe the time limits provided for in paragraph 1. (1) and (3).
— — — — — — — — —-. (3 ^ 1), art. 7 was introduced by the pct, article 17. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 14 ^ 2.
(4) the execution of construction works can be done only on the basis of technical project and the details of implementation.
(5) the authority that issued the building permit sets a validity period of not more than 12 months from the date of issue, and range in which the applicant is obliged to start work. In this situation, the validity of the authorization shall extend throughout the duration of the work provided for in the authorization, in accordance with the technical design.
(5 ^ 1) For trans-European transport infrastructure, building permits, zoning certificates, notices, agreements, where appropriate, the opinions of the site retain validity throughout the project implementation, pending completion of the execution of the work for which they were issued, up to the date of signing the minutes of the final reception of the work, provided the start of execution of the work within 12 months from the date of issue of the authorization to construct.
— — — — — — — — —-. (5 ^ 1), art. 7 was introduced by point 3 of article 1. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
(5 ^ 2) The provisions of paragraphs 1 and 2. (5 ^ 1) does not apply if during execution of works are identified new elements requiring resumption procedures for notification as provided by law, unknown date of issue and/or changes in the conditions which gave rise to the issue thereof, as appropriate.
— — — — — — — — —-. (5 ^ 2) of art. 7 was introduced by point 3 of article 1. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
(6) Neînceperea works by whether their times deadlines leads to loss of validity of the authorisation, the issue of new permits for construction. In the event that features do not change compared with the initial authorization, will be able to issue a new authorization to construct, without having a new certificate.
(7) Notwithstanding the provisions of paragraphs 1 and 2 of the. (6) in the case of justified where construction works cannot be started times can not be executed in full at the time, the investor may request the issuing authority to extend the validity of the authorization at least 15 days before its expiry. Extension of validity of the authorization may be granted only once and for a period no longer than 12 months.
(8) the investor is obliged to notify the authority that issued the building permit, and construction Inspectorate on the date on which they will start the work. Otherwise, if the discovery of the offence on which the works without notice has been made within the period of validity of the authorisation, the date of commencement of the work shall be deemed the day following the date of issue of the approval.
(9) the authorization shall be issued if the construction are cumulatively met the conditions required by this law. The authority issuing the authorisation shall not be responsible for any subsequent damage caused by the existence, at the time of issue of the document, on the role of litigation in the courts concerning property-land and/or building, belonging to the applicant.
— — — — — — — — —-. (9) article. 7 was modified by art. in accordance with law No. 269 of 7 December 2011 published in MONITORUL OFICIAL nr. 870 on 9 December 2011.
(10) the consolidation Works at buildings and governed by technical expert report or technical note supporting the class of seismic risk and endangering the public, shall be approved in a matter of urgency, under the conditions laid down in paragraph 1. (16). — — — — — — — — —-. (10) of article 1. 7 was changed by the pct, article 17. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 14 ^ 3.
(11) under this law shall not be issued granting provisional authorisation.
(12) building/permits are issued only mission was based on a complete documentation, in accordance with the contents of the framework set out in the annex. 1 except as provided for in paragraph 1. (16) (13) Authorization to construct shall be signed by the President of the County Council or mayor, where appropriate, the Secretary and the architect-in-Chief or person with responsibility in the field of spatial planning and urbanism of the public administration authority, the responsibility for issuing authorizations, issuance of returning applicants according to powers laid down by law.
(^ 1) Notwithstanding the provisions of paragraph 1. (13) the authorization to construct, issued by institutions empowered to authorize construction works with special character under art. 43 lit. a), shall be signed by the head of the issuing institution or the person delegated by him, for the specialized head with authorizing execution of construction works from the issuing institution's own and a specialized structure that meets the requirements of the training provided for in art. 36 ^ 1 of law No. 350/2001 concerning spatial planning and urbanism, with subsequent amendments and additions, the responsibility for issuing its returning, according to the established powers of the signatories under the law.
— — — — — — — — —-. (13 ^ 1), art. 7 was introduced by paragraph 6 of article 19. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
(14) the validity of the authorization shall keep in case of a change to the investor prior to the completion of the works, provided that its provisions and the inclusion of in the land of the changes concerning rights in rem in immovable property.
— — — — — — — — —-. (14) article. 7 was amended by point 15 of article 2. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(15) in the event that during the execution of the work and only during the period of validity of the authorization to construct the theme changes occur regarding the construction works approved, resulting in the need to modify them, the holder is obliged to request a new planning permission under the provisions of this law.
— — — — — — — — —-. (15) article. 7 was amended by paragraph 16 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(^ 1) To obtain a new authorization to construct, according to paragraph 1. (15) the applicant shall submit a new technical documentation developed under conditions of previous passport, changes occurred, with the theme the authority of local public administration competent to decide, where necessary, the issuing of new licences)-building, if corresponding changes in the theme works comply with the limits of the administrative document to the competent authority for environmental protection, as well as permits and agreements obtained for the initial construction permit;
b) resumption of the procedure for authorization under the present law, if the corresponding jobs chages theme beyond the administrative act of the competent authority for environmental protection, as well as permits and agreements obtained for the initial construction permit.
— — — — — — — — —-. (15 ^ 1), art. 7 was introduced by the pct, article 17. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(2 ^ 15) Checking the corresponding changes in the classification of works subject to the limits and approvals have been obtained for the initial construction permit shall be carried out by specialized structures of the public administration competent authority, and verifiers certified projects in accordance with the law, in respect of each essential requirement of quality in construction, with the participation of representatives of the institutions avizatoare.
— — — — — — — — —-. (2 ^ 15) of art. 7 was changed by the pct, article 18. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending point 17 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(15 ^ 3) Checking the corresponding changes in the classification of works subject to the limits of the administrative act of the competent authority for environmental protection shall be achieved by it under the provisions of the laws concerning the assessment of the impact of certain public and private projects on the environment.
— — — — — — — — —-. (15 ^ 3) of art. 7 was introduced by the pct, article 17. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(16) in compliance with the legislation on assessment of the impact of certain public and private projects on the environment, in the case of endangering public constructions, construction authorization for the execution of the first emergency intervention, which consist mainly of structural elements in sprijiniri/damaged structural demolition and partial resistance to strengthening the structure, mandatory in cases of technical mishaps, accidents, calamities or other exceptional events will be issued immediately by the competent public administration authority according to this law, the technical and economic documentation corresponding to each phase of design and technical expertise, feasibility study/advisory documentation, technical documentation, technical project previous passport-P.T., D.E.-detail design to be drawn up and approved during or at the conclusion of the execution of the work, in compliance with permits and agreements, and, where appropriate, administrative act, the competent authority for environmental protection.
— — — — — — — — —-. (16) of article 1. 7 was changed by the pct, article 19. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending pct, article 18. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(16 ^ 1) The provisions of paragraphs 1 and 2. (16) apply properly and constructions. 3 paragraphs 1 and 2. (1) (a). b) endangering the public.
— — — — — — — — —-. (16 ^ 1), art. 7 was introduced by the pct, article 20. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 18 ^ 1.
(16 ^ 2) For trans-European transport infrastructure, building permits may be issued on the basis of the documents referred to in paragraph 1. (1) principle and the opinions of the final withdrawal of the national forest.
— — — — — — — — —-. (16 ^ 2) of art. 7 was introduced by paragraph 4 of art. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
(17) the town halls can decommission construction, property of administrative-territorial units, in an advanced state of decay and endangering public safety, with the exception of monument construction based authorization issued under the terms of paragraph 1, the winding up. (16) with the obligation to draw up specific documentation in accordance with the provisions contained in the annex. 1. (18) fee for authorization to construct are calculated according to the law.
(19) the fee for the extension of the validity of the authorization on the building is calculated at 30% of the initial value of the authorization.
(20) the authorized Institutions/operators/empowered by law to issue advisory opinions/agreements. 5 para. (1) have the following obligations: a to establish content-) the documentation required for the issuance of permits/agreements, as well as a list of other documents and specific conditions which are necessary, they shall make available to the public and the competent public authorities on its own page and through the display at Headquarters;
b) to issue opinions/agreements, no later than 15 days from the date of registration of the application/specific documentation, under penalty of the application of the legal provisions relating to tacit approval, without other procedures.
b ^ 1) to take the necessary measures for the management of classified information contained in the documentation required for the issuance of approvals under agreements-urbanism certificate issued by the institutions referred to in article 1. 43 lit. a), including by establishing a specific framework adapted content thereof, with due observance of the time limit referred to in subparagraph (a). b);
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Lit. b ^ 1) para. (20) article. 7 was introduced by point 7 of article. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
c) infrastructure projects for trans-European transport, issue advisory opinions/agreements in principle for removing lands from the forest or, where appropriate, the opinions of the favourable location for resettlement conditional systems/networks for the transmission and distribution of electricity, natural gas and crude oil, as well as other network utilities located on the corridor of the expropriation, within 10 days from the date of submission of the request to the issuing authority based on an objective location plan investment technical memo, and that will involve the placement of utility networks or land affected by the withdrawal from the forest.
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Lit. c) of paragraph 2. (20) article. 7 was introduced by section 5 of art. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
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Paragraphs 1 and 2. (20) article. 7 was changed by the pct, article 20. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 18 ^ 2.
(20 ^ 1) The provisions of paragraphs 1 and 2. (20). b) are not applicable to acts of authority issued by the competent authorities for environmental protection point of view respectively and their administrative act which are issued according to the laws concerning the assessment of the impact of certain public and private projects on the environment.
— — — — — — — — —-. (20 ^ 1), art. 7 was introduced by the pct, article 20. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 18 ^ 3.
(21) the authorization to construct and the annexes thereto shall be public and shall be available to the public for information on its own Web page authority issuing public administration or through the display at its headquarters, as appropriate.
— — — — — — — — —-. (21) article. 7 was changed by the pct, article 21. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending pct, article 19. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(^ 1) Shall be exempt from the provisions of paragraph 1. (21) the building permits for construction works with the special character, whether they fall under the regime of classified information.
— — — — — — — — —-. (^ 1), art. 7 was introduced by section 8 of article. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
(22) for the purposes mentioned in paragraph 1. (21) the authorities mentioned in article 1. 4 have the obligation to abide by the restrictions imposed by the legislation in force in relation to commercial and industrial secrecy, intellectual property, protection of the public and private interest, and without prejudice to the guarantee and protection of fundamental rights and freedoms of natural persons with regard to the right to life, family and private law.
— — — — — — — — —-. (22) article. 7 was introduced by the pct, article 19. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(23) the authorities provided for in article 10. 4 make public authorization or, where appropriate, of the notice of rejection of the application for the authorisation of construction works execution and shall make available to the public the following information: a) the content of the authorization for the construction of the annexes thereto, including all the necessary conditions to be met by applicants, or, where applicable, the content of the notice of rejection of the application for the approval of the execution of construction works;
b) the main reasons and considerations on which it is based authorization or, where appropriate, of the notice of rejection of the application for the authorisation of construction works execution, following the examination of the comments and opinions expressed by the public, including information on the process of public consultation;
(c)), if applicable, description of the main measures to avoid, reduce and, where possible, compensation for major adverse effects, according to the administrative document issued by the competent authority for environmental protection.
— — — — — — — — —-. (23) article. 7 was introduced by the pct, article 19. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(24) the authorization to construct a public road-building new or substantial modification of an existing public road included in the road network, is not going to deliver the infrastructure projects do not contain reports of road safety audit or evaluation of the impact on road safety, if necessary, conducted in accordance with the provisions of law No. 265/2008 on managing safety on road infrastructure, with subsequent amendments and additions.
— — — — — — — — —-. (24) article. 7 was introduced by the pct, article 38. 1 of law No. 125 of 12 July 2012, published in MONITORUL OFICIAL nr. 486 of 15 July 2012, which introduces art. ^ 1 of ORDINANCE No. 6 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.
(25) at the request of the beneficiary of the project of trans-European transport infrastructure can issue permits for construction on lots, sections, sectors or works, subject to the submission of complete technical documentation complemented by the view of the competent authority for environmental protection/administrative act, the opinion provided for in agreements/urbanism certificate or notices/notices/principle agreements of favorable location related conditional where appropriate.
— — — — — — — — —-. (25) article. 7 was introduced by paragraph 6 of article 19. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
Article 7 ^ 1 (1) for the purpose of issuing the certificate of urbanism and construction authorization for the execution of construction works necessary for the carrying out of the operations of the geological and exploration/exploitation of petroleum and natural gas, at the request of the holders of licenses/permits/authorizations: a) an exception to the provisions of art. 6 paragraph 1. (4) and art. 7 para. (1) (a). (b)), contained within the exploration/prospecting/exploitation, which are not listed in the records of the cadastre and land register, it can identify the number of Dave and the plot through property title and record holder in possession, as well as by any other means of identification provided by law;
b) exception to the provisions of art. 7 para. (1) (a). b), rental contracts concluded in accordance with the law, by the holders of licenses/permits/authorizations with land owners from the perimeters of exploitation constitutes evidence of authorization for construction, if such contracts include the explicit agreement of the owners for the performance of construction works on such land.
(2) upon the termination of rental contracts, holders of licences/permits/authorizations referred to in paragraph 1. (1) (a). b) are under obligation of restoring the previous state of the land covered by these contracts, unless the parties have agreed otherwise.
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Art. 7 ^ 1 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 22 of 6 May 1986, published in MONITORUL OFICIAL nr. 353 of 14 may 2014.
Article 8 (1) Demolition, decommissioning, dismantling times, partial or total, of construction and related installations, facilities and technological machinery, including construction of their support, the closure of the quarries and underground and surface mining, as well as any other arrangements are made only on the basis of the authorization obtained beforehand from the winding up of the authorities referred to in article 1. 4. (2) the authorization shall be issued by the mission was under the same conditions as authorization to construct, according to urban plans and the related regulations, according to the law, with the exceptions laid down in article 21. 11. (3) exemption from the provisions of art. 2 (2). (2 ^ 1), authorization for abolishing works/construction is not required to the point of view of the competent authority for the protection of the environment or of the administrative act.
— — — — — — — — —-. (3) art. 8 was introduced by the pct, article 22. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 19 ^ 1.
Article 9 (1) previous passport and Technical Documentation-technical projects shall be prepared by specialized technical collective, are ripe to be signed by the superior training technical cadres only from architecture, urban planning, construction and building facilities, as follows: — — — — — — — — — — the introductory part of paragraph 1. (1) of article 1. 9 amended by pct article 23. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending pct article 20. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
the architect) with diploma recognized by the State, for the design of architecture for investment objectives covered all categories of building above-ground and underground;
b) engineers and facilities, with diploma recognized by the State, for engineering parts in specific areas for investment objectives covered all categories of building above-ground and underground, as well as related plants;
c) conductor architect, urbanist and/or construction, hospitality diploma recognised by the Romanian State, for buildings of low importance and outside protected areas, established in accordance with the law.
(2) the provisions of paragraphs 1 and 2. (1) also applies to the documentation.
(3) Signing the documentation referred to in paragraph 1. (1) undertake their responsibility under the law.
Article 10 to permit the execution of construction works in areas over which it was set up under the law a specific protection regime provided for in the plans for landscaping and urbanism in the approved documentation, will proceed as follows: a) in protected areas built in the areas of protection of historical monuments, as defined under the law and in the assemblies of architecture and archaeological sites He shall obtain the opinion of the Ministry of culture and religious affairs, based on documentation of planning approved and approved in accordance with the law;
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Lit. the article) 10 was amended by section 3 of article 9. 1 of law No. 52 on 8 March 2006, published in MONITORUL OFICIAL nr. 238 of 16 March 2006.
b) in the case of interventions on the construction of monuments, in addition to the opinion of the Ministry of culture and religious affairs will get the opinions of specific quality requirements of structures, according to the legal provisions;
c) repealed;
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Lit. c) art. 10 has been repealed by article item 21. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
d) in areas of safety and protection of transport infrastructure in the public interest, as well as in areas related to building of communication established by the documents needed for landscaping and/or planning, will get and Transport Ministry authorisation, construction and Tourism, in accordance with the legal provisions;
d ^ 1) in adjacent constructions representing perimeters annexes of the farm household, delimited urbanism plans respecting the distances prescribed by the health rules in force, in which he introduced a restriction on residential buildings, location and socio-economic objectives, the applicant will obtain the opinion of the Directorate for agriculture and rural development to the respective District of Bucharest.
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Lit. d ^ 1) of art. 10 was introduced by paragraph 4 of art. in accordance with law No. 101 of 9 May 2008, published in MONITORUL OFICIAL nr. 371 of 15 May 2008.
e) in areas where it has set up another type of restriction on the applicant will obtain the opinion of the competent bodies.
Article 11 (1) can run without planning permission following work which does not change the structure of the resistance and/or architectural appearance of construction: — — — — — — — — — — the introductory part of paragraph 1. (1) of article 1. 11 amended by point 22 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
to repair the fencing), roofing, decking, roofing, or when you change the shape and the materials from which they are carried out;
b) repairs and replacement of Interior and exterior joinery, if it keeps the shape, dimensions, including joinery and dips in the event that changes are made from materials which such works, with the exception of buildings declared as historic monuments under the law;
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Lit. b) of paragraph 2. (1) of article 1. 11 amended by art. in accordance with law No. 117 of 2 May 2007, published in MONITORUL OFICIAL nr. 303 of 7 May 2007.
c) repairs and replacements of heating stoves;
d) painting and coatings;
e) painting and external cleaning, if you cannot change elements of the façade and the colors of the buildings;
f) repairs to interior installations, the external connections and cores e.g. NYY whatsoever relating to construction within the property, local heating systems mounting and preparation of domestic hot water with approved boilers and individual air-conditioning appliances and/or metering utility consumptions;
g) repairs and replacements to the floors;
h) repair work, replacements without altering the quality of restoration times and the architectural shape of the facade, if such work is not running from buildings. 3 paragraphs 1 and 2. (1) (a). (b)), as follows: 1. the inner and outer finishing-plastering, plywood, like;
2. sidewalks, walls support the access ladders;
3. the rehabilitation works of the tire and/or roof-unless it changes its constructive system, roof-terrace/respectively at individual buildings with a maximum of three levels, which are not classified historical monuments or rank, i.e. outside the zones of protection of monuments and/or built-up areas protected by law established;
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Lit. h) of paragraph 1. (1) of article 1. 11 was amended by paragraph 24 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending point 22 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
I) maintenance of communications and the related installations;
j) works of investigation, research, expertise, preservation and restoration of the artistic components of the construction. 3 (a). (b)), with the opinion of the Ministry of culture and religious affairs and the county or local public administration bodies, as appropriate;
k) works by drilling and geotechnical surveys for construction of normal or low importance, situated outside the protection zone established for aquifers deposits;
l) construction works of underground and above-ground burial, with the opinion of the administration of the cemetery.
m) work of provisional subdivision nestructurală.
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Lit. m) of para. (1) of article 1. 11 was introduced by the pct, article 25. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 22 ^ 1.
(2) can run without planning permission and works for the location of tonete, desks covered or enclosed, intended for distribution and marketing media, books and flowers, which are placed directly on the ground without foundations and platforms, and without fittings and/or breakouts at urban utilities except electricity.
(2 ^ 1) The constructions with special character having regard to the intended use of sanitary units which are historical monuments, located in areas of protection of monuments and protected areas constructed, laid down by law, can run without planning permission which does not alter the structure of strength and/or the architectural appearance of building exterior and interior finishing, repairs and replacements of Interior and exterior joinery If it keeps the shape, dimensions and dips, joinery repairs to roofs, roofing or decking, when there is a change in the shape and the materials from which they are made, repairs and replacements to the floors and indoor plants.
— — — — — — — — —-. (2 ^ 1), art. 11 was introduced by point 9 of article. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
(2 ^ 2) In the case of historical monuments, you can run the works referred to in paragraph 1. (2 ^ 1) only on the basis of and in compliance with the obligation relating to the use of the historical monument, compiled and issued according to law. Obligation shall be issued within 30 days of the request, creating the possibility of performance of work term in the absence of the obligation.
— — — — — — — — —-. (2 ^ 2) of art. 11 was introduced by point 9 of article. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
(2 ^ 3) The Ministry of culture will be notified prior to the commencement of the works referred to in paragraph 1. (2 ^ 1) and will be able to verify their conformity with the provisions of the law.
— — — — — — — — —-. (2 ^ 3) of art. 11 was introduced by point 9 of article. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
(3) If the work referred to in paragraph 1. (1) except as provided in (b). e) and (j)), runs the construction referred to in art. 3 (a). (b)), it is compulsory to issue authorization to construct.
Article 12 (1) permits to build or dismantle, issued in contravention of legal provisions, can be annulled by the administrative courts, in accordance with the law. Cancellation of authorisations for the construction or the winding up may be required, in accordance with the law, and by the prefect, including referral of the control bodies of the State Inspectorate in constructions.
(2) once with the introduction of the action may request the Court to suspend an authorization or remove and stopping execution, until settling on the merits of the case.
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Paragraphs 1 and 2. (2) of article 9. 12 has been modified by point 9 of article. in accordance with law No. 119 of 5 May 2005, published in Official Gazette No. 412 of 16 May 2005, which complements art. in EMERGENCY ORDINANCE No. 122 of 24 November 2004, published in Official Gazette No. December 6, 2004, 1,152, with 4.
Chapter II right to land for construction purposes in article 13 (1) Land belonging to the private domain of the State or administrative territorial units, intended for construction, may be sold, leased times hired by public auction, according to the law, in compliance with the provisions of the terms of conditions of urbanism and landscaping, approved according to the law in order to achieve by the proprietor of the building.
(2) the land belonging to the public domain of the State or administrative territorial units can lease only in order to achieve the objective of building or use and/or public interest, while respecting the planning documentation approved according to law.
(3) the Concession is made on the basis of bids submitted by the applicants, observing the legal provisions, aiming to harnessing the potential of the upper land.
Article 14 up to regulate by law the legal situation, cannot be the subject of concession land free from construction in local councils and administration that can be claimed by former owners.
Article 15 Through an exception to the provisions of art. 13(2). (1) land used for building may lease without a public tender, with payment of the fee established by law, or may be put into service for a limited period, as appropriate, in the following situations: a) for the purposes of public utility or social, charitable, non-profit other than those carried out by local self-government on their lands;
b) for housing by the National Agency for Dwellings, according to the law;
c) for the development of housing for young people up to the age of 35 years;
d) for relocating households affected by disasters, according to the law;
e) for the expansion of construction land, at the request of the owner or with his consent;
f) for protecting the implementation times value of historical monuments as defined by law, with the assent of the Ministry of culture and religious affairs, based on documentation of planning approved according to law.
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Lit. f) art. 15 was amended by paragraph 4 of art. 1 of law No. 52 on 8 March 2006, published in MONITORUL OFICIAL nr. 238 of 16 March 2006.
Article 16 (1) Land. 13, subject to the tender, it shall communicate to the public by the mayors of territorial-administrative units where they are located, by a publication displayed at their headquarters and printed in at least two newspapers of wide circulation, with not less than 20 days before the date of the auction.
(2) publications relating to the invitation to tender shall include its date and venue, and the land surface, as determined through planning, documentation and the minimal fee annual fee.
(3) Offer applicants will be accompanied by a pre-feasibility study or feasibility studies, where appropriate, including compulsory technical elements necessary for characterization of functionality and capacity building, the occupancy rates of the land, and other elements contained in the urbanism certificate. Will not be accepted than deals that correspond to the provisions of the town planning documentation, approved according to law.
(4) the auction shall be carried out according to the law, the commissions established to that end by decision of the local Council and/or County, the General Council of Bucharest, according to the competences of the authorization laid down in art. 4. Commissions works on the premises of the local councils in whose territorial RADIUS the administrative courts are located.
Article 17 the minimum Limit of the price of the concession shall be determined, where appropriate, by way of the County Council, to the General Bucharest City Council or local Council, so as to ensure the recovery in 25 years of the selling price of the land, under market conditions, plus related infrastructure works.
Article 18 Grounds. 13, what is concesionează for housing and built spaces associated with them, according to local zoning regulations, approved by the law will have the following surfaces: a) in urban areas: 1. up to 450 sq m for an apartment in a building with ground floor or first floor and second floor;
2. up to 300 sq m for an apartment in a building with ground floor and first floor, with two apartments;
3. up to 250 sq m for an apartment in case of buildings with several floors downstairs and, having no more than six apartments;
4. for buildings with more than six apartments, the area of land will be established according to documentations of urbanism;
b) in rural areas, up to 1,000 sq m for a House.
Article 19 a holiday homes you can lease a piece of land in the area up to 250 square meters.
Article 20 Against the tender, by the time of award, you will be able to make opposition, by any interested person, the Court in the auction takes place. Opposition suspends tendering up to its final resolution.
Article 21 on the basis of the minutes of the tender award or the judgment of the City Council, and the General Council of Bucharest, for the situations described in article 2. 15, it will conclude the concession Act, which will register by the concessionaire in the evidence of real estate advertising, within 10 days from the date of issuance of the judgment or award.
Article 22 (1) the right to land. 13-19 shall be in accordance with the law, the duration of which is determined by the local councils, county councils, the General Council of Bucharest, according to the provisions of the planning and documentation of the nature of their construction.
(2) all land Previously must be recorded in the land register.
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Art. 22 was modified by pct article 23. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
Article 23 (1) shall be established through the built-up area localities general urban plans-PUG, approved according to law.
(2) Subsequent to the approval of the General Plan of city planning-PUG-can be placed in localities and some lands safely outside, but thoroughly substantiated on the basis of zonal urbanism plans-PUZ approved according to law.
(3) land used for construction, highlighted in the city limits, remove aside, finally, through the authorization of the construction. If the landowner wants to set aside part of the land owned in order to comply with this procedure, the authorization of the construction will be accompanied by technical documentation of register.
— — — — — — — — —-. (3) art. 23 was amended by art. IV of law No. 133 of 18 July 2012, published in MONITORUL OFICIAL nr. 506 of 24 July 2012.
Chapter III Liability and sanctions article 24 shall constitute offences and are punishable by imprisonment from three months to one year or with fine the following facts: a) execution without planning permission or abolishing times with its violation of the works mentioned in article 1. 3 paragraphs 1 and 2. (1) (a). b), c), (e)) and g), with the exceptions stipulated by law;
b) continuing execution after halting their disposition by the competent supervisory bodies, according to the law;
c) preparation of technical documentation-signing times previous passport required for authorization of execution of construction works, as well as technical and project documentation, for other specialties than those certified by the University degree, under the conditions laid down in article 21. 9.
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Art. 24 was amended by section 1 of article. 36 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
Article 24 ^ 1 (1) the Court, the decision whereby the Fund may decide the case, the provisions of the works has employment authorization or dismantling of constructions carried out wrongful.
(2) the Prosecutor or the Court may order, ex officio or upon request, pausing execution throughout the criminal process.
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Art. 24 ^ 1 was introduced by section 1 of article. 28 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
Article 25 Repealed.
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Art. 25 was repealed by section 2 of art. 36 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
Article 26 (1) the following acts Constitute offences, unless they have been perpetrated in such conditions that, according to law, be considered offences:
of execution or disestablishment) total partial times, without the authorization of the work referred to in article 1. 3, with the exception of those referred to in (b). b), c), (e)) and g), investor and executor;
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Lit. of paragraphs 1 to 5). (1) of article 1. 26 was amended by section 3 of article 9. 36 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
b) execution or abolition, with violation of the marketing authorization and technical project of the works mentioned in article 1. 3, except as provided in (b). b), c), (e)) and g) and continuing execution approved without requiring new construction permits in the cases referred to in article 1. 7 para. (15) by investor and executor;
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Lit. b) of paragraph 2. (1) of article 1. 26 was amended by section 3 of article 9. 36 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.
(c) provision of approval) urban utilities as a result of the execution of the works and tubes fittings for new construction from unauthorized networks;
d) after expiry of the authorization or through after finishing the works approved or adaptation for purposes other than those laid down in the authorization of the construction works and planning with provisional;
e) neaducerea the land to its original state by the investor, after completion of work. 3 (a). (c)), as well as deviations from the work, cleaning times, if necessary, clearance of the site and/or adjacent land temporarily occupied during execution, once with the completion of the base;
e ^ 1) failure to comply with the obligation of reinstatement in previous state of the land covered by the lease contracts by the holders of licenses/permits/authorizations, as referred to in art. 71 para. (1) (a). b), their abolition;
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Lit. e ^ 1) para. (1) of article 1. 26 was inserted by section 2 of art. From the EMERGENCY ORDINANCE nr. 22 of 6 May 1986, published in MONITORUL OFICIAL nr. 353 of 14 may 2014.
f) preventing circumvention of the times control through access control enforcement skill or through documents and the required documents;
(g) failure to give commencement date) construction authorized in accordance with the provisions of art. 7 para. (8);
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Lit. g) of paragraph 1. (1) of article 1. 26 amended by point 27 of article 4. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending item 25 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
h) absence of urbanism certificates within the time limit provided for in art. 6 paragraph 1. (2) as well as the issuance of certificates of incomplete urbanism times with erroneous data, which does not contain the list of necessary legal notices and agreements in relation to the investment objective or their release subject to elaboration of a prior planning documentation or any technical documentation defining the purpose of the request, with exceeding legally unjustified, or non-compliance of supply of information times public interest referred to in article 1. 6 paragraph 1. (1);
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Lit. h) of paragraph 1. (1) of article 1. 26 amended by point 27 of article 4. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending item 25 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
h ^ 1) in the absence of building permits within the period prescribed in article 21. 7 para. (1);
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Lit. h ^ 1) para. (1) of article 1. 26 was introduced by the pct, article 28. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 25 ^ 1.
(I) issuance of permits) building/remove:-in the absence of a right in rem over real estate, which confer the right to request authorization to construct/remove;
-in the absence of or with violation of zoning documentation, approved by law;
-on the basis of incomplete documentation or developed in breach of the provisions of the certificate of urbanism, of the civil code, the content of the technical documentation for previous passport-the execution of construction works, which do not contain the opinions and legal agreements needed or which are not checked according to law;
— — — — — — — — — — the 3rd Indent of point (b). I) para. (1) of article 1. 26 amended by art. The EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the term "Project" in the phrase "the Project for the approval of construction works execution" with the term "technical documentation"-previous passport.
-in the absence of technical expertise on the implementation of the entire building, in the case of consolidation;
-on the basis of other documents than those required by the present law;
j) neorganizarea and exercise control regarding discipline in the authorization and execution of construction works by the bins of apparatus of county councils and town halls in their administrative-territorial units, in compliance with art. 27(2). (3) and (4) and neurmărirea how to those ordered by the State Inspectorate in constructions according to the provisions of article 3. 29 para. (3);
k) failure to comply with the time limit laid down, of the measures ordered by the State Inspectorate in constructions control;
l unjustified refusal or obstruction) in any form of access to individuals or representatives of legal persons to documents referred to in article 1. 34 para. (7);
m) have been repealed.
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Lit. m) of para. (1) of article 1. 26 was repealed by article 26 pct. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
n reception at the end) the Act of construction works under article 3. 37 para. (2).
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Lit. n) of paragraph 1. (1) of article 1. 26 was introduced by paragraph 4 of art. 1 of law No. 53 on 30 March 2016 published in MONITORUL OFICIAL nr. 245 from 1 April 2016.
(2) the Offences referred to in paragraph 1. (1) committed by natural or legal persons, shall be sanctioned by a fine as follows:-from 1,000 to 100,000 lei lei, those referred to. a);
-from 3,000 to 10,000 lei lei, those referred to. f);
-10,000 lei, those referred to. c);
-from 3,000 to 10,000 lei lei, those referred to. b), d), (e)) and e ^ 1);
— — — — — — — — — — the fourth indent of paragraph 1. (2) of article 9. 26 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 22 of 6 May 1986, published in MONITORUL OFICIAL nr. 353 of 14 may 2014.
from 5,000 to 30,000 lei lei, those referred to. h) h ^ 1) and i);
-from 1,000 to 5,000 lei lei, those referred to. j) and (k));
-2,000 lei, those referred to. l) and n);
— — — — — — — — — — the seventh indent of para. (2) of article 9. 26 was amended by section 5 of art. 1 of law No. 53 on 30 March 2016 published in MONITORUL OFICIAL nr. 245 from 1 April 2016.
-1,000 lei, those referred to. g). — — — — — — — — —-. (2) of article 9. 26 was amended by the pct, article 29. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 26 ^ 1.
(3) the amount of the fines shall be updated yearly by the Government.
(4) a penalty of fine may be applied and the representative of the legal person.
(5) penalty of fine for the conduct referred to in paragraph 1. (1) (a). h) and (i)) shall apply to civil servants in charge of checking the documentation underlying the issuance of urbanism certificates and authorisations for the construction or winding up, and the signatories, according to the powers set out under law.
(6) under the present law does not apply to penalty warning.
— — — — — — — — —-. (6) article. 26 was introduced by the pct, article 27. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
Article 27 (1) the Presidents of the county councils, mayors and control bodies within local authorities and regions are obliged to monitor the observance of the discipline in the field of construction works execution authorisation within their administrative-territorial units and, depending on the violation of the legal provisions, to apply sanctions or to apply to the courts and prosecuting organs, as appropriate.
— — — — — — — — —-. (1) of article 1. 27 was amended by paragraph 2 of article 9. in accordance with law No. 376 on October 5, 2006, published in MONITORUL OFICIAL nr. 846 of 13 October 2006.
(1 ^ 1) In addition to the authorities referred to in paragraph 1. (1) for the work related transport infrastructure of national interest, designated control bodies within the Ministry of Transport have an obligation to monitor compliance with the authorisation of the discipline in the field of construction and execution, depending on the violation of the legal provisions, to apply sanctions or to apply to the courts and prosecuting organs, as appropriate.
— — — — — — — — —-. (1 ^ 1), art. 27 was introduced by point 7 of article. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
(2) the County's Chief Architect and staff empowered bin in its subordination observe discipline in the field of authorization execution of constructions on the territory of the County, as well as observance of discipline in zoning and planning related to the process for approval of construction.
(3) the Offences referred to in articles. 26 para. (1) except for white and rosé wines. h) h ^ 1))-k), and is sanctioned by the specialized compartments with duties of local public administration authorities of counties, municipalities, cities of Bucharest, sectors and communes, for deeds committed in their territorial-administrative unit or, where appropriate, on the territory of administrative sectors of Bucharest, according to the competences of the issuing of authorisations for the construction/disturbance.
— — — — — — — — —-. (3) art. 27 was amended by section 6 of article. 1 of law No. 53 on 30 March 2016 published in MONITORUL OFICIAL nr. 245 from 1 April 2016.
(3 ^ 1) In addition to the authorities referred to in paragraph 1. (3) for related transport infrastructure works of national interest, authorized by the Ministry of transport, the offences mentioned in article 1. 26 para. (1) except for white and rosé wines. c), (d)), h)-l), and is sanctioned by the designated control bodies of the Ministry of transportation.
— — — — — — — — —-. (3 ^ 1), art. 27 was introduced by section 8 of article. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
(4) the Offences referred to in articles. 26 para. (1) (a). h) h ^ 1))-k) is established and shall be imposed only by the control bodies of the State Inspectorate in constructions.
— — — — — — — — —-. (4) article. 27 was amended by section 6 of article. 1 of law No. 53 on 30 March 2016 published in MONITORUL OFICIAL nr. 245 from 1 April 2016.
(5) reports of irregularities, concluded by the control bodies of local public administration, shall, for the purposes of the penalty, the Chief of the bin that coordinate landscaping and urbanism or, where appropriate, the President of the County Council times Mayor territorial-administrative unit or sector of Bucharest in whose RADIUS has been committed that offence.
— — — — — — — — —-. (5) article. 27 was amended by paragraph 2 of article 9. in accordance with law No. 376 on October 5, 2006, published in MONITORUL OFICIAL nr. 846 of 13 October 2006.
(6) Repealed.
— — — — — — — — —-. (6) article. 27 pct was repealed by article 29. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
Article 28 (1) once the application of fine for offences under article 4. 26 para. (1) (a). ) and (b)) requires stopping the execution of the work, as well as, where appropriate, measures of employment provisions of the authorization or the winding up of the work performed without authorization or with violation thereof, within a time limit set out in the minutes of the contravention.
(2) the decision to maintain or abolish the constructions carried out without planning permission or non-compliance with its provisions shall be taken by the competent public administration, on the basis of urban plans and the related regulations, endorsed and approved in accordance with the law, or, as the case may be, for instance. For works which are running from buildings. 3 (a). b) the opinion of the Ministry of culture and religious affairs.
(2 ^ 1) For related transport infrastructure works of national interest, the decision of maintaining or abolishing the constructions carried out without planning permission or non-compliance with its provisions shall be taken by the Ministry of transport on the basis of technical expertise drawn up in accordance with the law or, where appropriate, by the Court.
— — — — — — — — —-. (2 ^ 1), art. 28 was introduced by point 9 of article. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
(2 ^ 2) For the purpose of making decisions on the retention or abolition of the constructions carried out without planning permission or non-compliance with requirements of technical expertise, the results are subject to the approval of the technical Council of the Ministry of transportation for the conformity analysis of the work carried out with technical project execution in accordance with the law and with due regard for the conditions of the agreement or the point of view of the competent authority issued in compliance with environmental protection legislation. Commission decision on an amendment to the maintenance/construction is approved by order of the Minister of transport and is the basis for the issuing of authorisations for the construction/disturbance.
— — — — — — — — —-. (2 ^ 2) of art. 28 was introduced by point 9 of article. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
(3) the measure abolishing construction applies in a situation where, at the expiry of the period of entry into legality laid down in the minutes of the contravention, the infringer has not obtained the necessary authorisation.
Article 29 (1) State supervision in regional planning, town planning and authorizing execution of construction works shall be exercised by the State Inspectorate in constructions, throughout the country, and its territorial inspectorates, which feature the measures and penalties provided for in this law.
(2) the State Inspectorate in constructions and territorial inspectorates may require stopping the execution of building or remove, where appropriate, when they find that they are carried out in breach of the legal provisions, the requirements for quality assurance in the construction, without technical project times based on authorizations issued. wrongful
(3) the State Inspectorate in constructions and territorial inspectorates încunoştinţează public administration authority in the territory of which the control and the Ministry of transport, where appropriate, of its findings and the measures ordered. In this situation, the control of County Councils, or local transport Ministry, as appropriate, have the obligation to follow the way of compliance relating to those ordered by the State Inspectorate in constructions.
— — — — — — — — —-. (3) art. Amended 29 of point 10 of article. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
Article 30 (1) expenditures for State control in spatial planning, urban planning and authorizing execution of construction works is support by investors, the value equivalent to the share of 0.1% from the amount of authorized works, except as provided in article 13. 3 (a). b) and religious worship.
(2) Payment of the amounts established in accordance with paragraph 1. (1) shall be made on behalf of the territorial inspectorates, County, municipality of Bucharest, where necessary, with the transmission of the notification regarding the date of commencement of the works, as provided for in article 10. 7 para. (8) the delay in payment. the quota referred to in paragraph 1. (1) it penalizes 0.15% per day with delay, without exceeding the amount due. Liquidity at the end of off-budget revenues shall be carried over to the next year and have the same destination.
(3) share set at para. (1) shall also apply to differences arising out of the approved value, updating the work that is being done together with the reception at the completion of work.
Article 30 ^ 1 Repealed.
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Art. 30 ^ 1 was repealed by article, item 31. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending point 30 of article 1. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
Article 31 the right to establish offences and to impose fines under article 4. 26 shall lapse within a period of 3 years from the date the offence was committed.
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Art. 31 was amended by art. 1 of law No. 82 of 24 June 1986, published in MONITORUL OFICIAL nr. 469 of 26 June 2014.
Article 32 (1) where persons sanctioned criminal stopped performing, but not complied within those arranged through the finding of violation under art. 28 para. (1), the body which has applied the sanction will have recourse to the courts for disposal, where appropriate: (a) provisions of the works) employment authorization;
b) dismantling of constructions carried out wrongful.
(2) in the case of acceptance of the application, the Court will establish deadlines for the implementation of the measures referred to in paragraph 1. (1) and (3) in the case of non-compliance with deadlines, measures ordered by the Court, in accordance with paragraph 1. (2) will go out by the Mayor, with the support of the police bodies, the expenses to be incurred by the perpetrators.
(4) in the cases referred to in article 1. 24, the control will be able to ask for judicial organs to order measures referred to in paragraph 1. 1. the competent control bodies under the law may require the appellate prosecution authorities and, where appropriate, the Court is entitled to refer to pausing execution throughout the criminal process.
— — — — — — — — —-. (4) article. 32 was amended by paragraph 2 of article 9. 28 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
(5) persons who have benefited from the subsidy for the construction of a residence and for which ordered the measure mentioned in paragraph 1. (1) (a). b) will refund the subsidies received, with interest payments for the period in which they were used.
Article 33 (1) Notwithstanding the provisions of article 4. 32, the constructions carried out without planning permission on land belonging to public or private domain of the State and construction fittings, and provisionally executed on land belonging to public or private domain of counties, municipalities, cities and municipalities will be abolished by administrative channels of public administration authority within the administrative and territorial unit in which is situated the construction without issuing an authorization of abolishing without referral to the courts and at the expense of the infringer.
— — — — — — — — —-. (1) of article 1. 33 has been modified by item 32 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 30 ^ 1.
(2) the procedure laid down in paragraph 1. (1) can trigger ex officio by the public administration within the administrative and territorial unit in which is situated the construction or at the request of the owner or administrator of the land belonging to public or private domain of the State.
(3) In the event of failure by the competent public administration procedure for winding up, within 15 calendar days from the date of application referred to in paragraph 1. (2) the owner or Manager of the land belonging to the public domain private state times will be able to proceed immediately to the abolishment of the constructions carried out without planning permission.
(4) Notwithstanding the provisions of article 4. 32, the constructions carried out without planning permission on land belonging to public or private domain of counties, cities of the time will be put to the House of Commons about its administrative authority competent public administration, without referral to the courts and at the expense of the infringer.
(5) for the implementation of paragraph 1. (1) the competent public authorities to carry out such services may contract with companies specializing in such work, according to the law.
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Art. 33 was amended by paragraph 4 of art. in accordance with law No. 376 on October 5, 2006, published in MONITORUL OFICIAL nr. 846 of 13 October 2006.
Article 34 (1) field studies and documentation developed for realisation of investments of any kind of critical infrastructure, communal household as well as landscaping works and urban planning studies and projects developed before 1990 systematization to order former popular councils or other State institutions-are and remain the property of the county or municipality Bucharest, respectively.
— — — — — — — — —-. (1) of article 1. 34 was amended by article item 32. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 30 ^ 2.
(2) for the purposes of this Act, through studies and documentation referred to in paragraph 1. (1) the blank copy of the songs composed by: theme design, memoirs and specialties, breviaries, notices or agreements obtained and drawn parts.
(3) the archives containing the documentation and studies referred to in paragraph 1. (1) the Constitution, entered, heritage companies set up on the former structure and design units in the municipality of Bucharest, is managed according to law, the county councils or by the town councils of municipalities and the municipality of Bucharest.
— — — — — — — — —-. (3) art. 34 was amended by article item 32. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 30 ^ 2.
(4) inventory of archives is done by committees set up for this purpose by the ruling of the county councils, Municipal Council, respectively the General Bucharest city.
— — — — — — — — —-. (4) article. 34 was amended by article item 32. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 30 ^ 2.
(5) the refusal of the inventory and/or teaching studies and documentation shall be imposed according to the provisions of the national archives Law No. 16/1996, as amended.
(6) in the event of a refusal to surrender of archives, county councils, municipal and/or City Hall of Bucharest, where appropriate, will address within 90 days of the courts, thereby settling the emergency procedure, according to the law. The action in court is exempt from stamp duty.
— — — — — — — — —-. (6) article. 34 was amended by article item 32. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 30 ^ 2.
(7) access to individuals or representatives of legal persons to the archives containing the documentation referred to in paragraph 1. (1) as well as documentation planning developed and subsequently managed by local public administrations, in order to draw up the technical documentation, and is unrestrained by the County Council, municipal Council, respectively the General Bucharest city.
— — — — — — — — —-. (7) article. 34 was amended by article item 32. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 30 ^ 2.
Article 35 (1) under this law, the description of the deed constituting the irregularity shall be made by indicating the place, date and time of the finding, in accordance with article 4. 31. (2) Against the minutes finding and sanctioning of violation may make the complaint within 15 days from the date of its delivery service. The complaint shall suspend the execution of the penalty is fine, but not suspend enforcement of the measure of stopping the work, arranged a date with application of administrative penalty pursuant to article. 28 para. (1) and of article 23. 29 para. 2. Also the complaint shall not suspend the measure abolishing Article. 33 para. (1) construction works executed without authorisation on land belonging to public or private domain of counties, municipalities, cities or municipalities or building works and design provisionally executed on land belonging to public or private domain of counties, municipalities, cities of the time in the Commons which shall be laid down in the authorization is expired, ordered pursuant to article. 28 para. (1).
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Alin. (2) of article 9. Amended 35 of point 32 of the art. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 30 ^ 3.
(3) to the extent that this law not provided otherwise, the provisions of the Ordinance are applicable to the Government. 2/2001 relating to the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended, except as provided in art. 28 and 29. *) Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Art. 35, was art. 30, as amended by law No. 453/2001 and law No. 401/2003, was composed of 4 paragraphs.
Paragraphs 1 and 2. (4), whose content was: "(4) to the extent that this law does not otherwise specified, are applicable to the law nr. 32/68. ", was not amended or repealed by law No. Express 401/2003.
Paragraphs 1 and 2. (3) art. 35, as amended by law No. 401/2003, took up paragraph. (4) but with reference to Order No. 2/2001.
Paragraphs 1 and 2. (4) article. 35 is not included in this form, the text printed by ceasing once the repeal of law No. 32/1968 by Government Ordinance. 2/2001.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter IV final and Transitional Provisions Article 36 (1) legal and natural persons benefiting from the ground under the present law, shall be obliged to request authorization for the construction to begin construction within a period of one year from the date of obtaining the land grant Act.
(2) in cases of breach of the obligation under paragraph 1. (1) the right loses its validity.
Article 37 (1) natural and legal persons carrying out construction works under the present law have the obligation to execute the work in full within the time provided for in the authorization.
(2) construction works shall be considered approved if you have completed all the elements provided for in the authorization, and whether the reception was carried out after the completion of the work. Making reception at completion of work is mandatory for all types of approved construction, including in the case of these works for its own purposes. Reception at the completion of the work shall be carried out with the participation of the representative of the public administration, appointed by the issuer of the construction permit.
— — — — — — — — —-. (2) of article 9. Amended 37 of point 7 of article. 1 of law No. 52 on 8 March 2006, published in MONITORUL OFICIAL nr. 238 of 16 March 2006.
(3) upon completion of work, the beneficiary of the authorization to construct has an obligation to regulate the fee for the building permit, according to the law.
(4) once with the levy referred to in paragraph 1. (3) building permits, the beneficiaries will regulate and other odds provided by law.
(5) the constructions carried out without planning permission or non-compliance with the requirements of this directive, and those that have not carried out after the completion of reception of works under the law shall not be considered finalized and may not be tabulated in the land. In this situation shall continue to apply the penalties provided for by law. Buildings completed before 1 august 2001, which is the date of entry into force of law No. 453/2001 for the modification and completion of the law #. 50/1991 authorizing execution of construction works and measures for carrying out housing, is intabulează, in the absence of authorization to construct, on the basis of the certificate of attestation stating that the tax paying all tax liabilities payment owed to the local government authority in whose RADIUS is situated, as well as construction of cadastral documentation. Where buildings are not registered with the competent authority of local public administration, these should be recorded if the corresponding tax is paid over the last five fiscal years preceding the filing of the Declaration, including the current year.
— — — — — — — — —-. (5) article. 37 was modified by art. 1 of law No. 127 of 26 April 2013, published in MONITORUL OFICIAL nr. 246 of 29 April 2013, which introduces art. VII ^ 4 of the EMERGENCY ORDINANCE nr. 121 of 22 December 2011, published in MONITORUL OFICIAL nr. 931 of 29 December 2011.
Article 38 (1) public utility works concerning construction that cannot be completed in accordance with the authorization of the construction, including the lands attached to them.
(2) for the purpose of carrying out the work referred to in paragraph 1. (1) local government authority in whose territory is situated the construction will apply the provisions of law No. 33/1994 relating to expropriation for public utility buildings, and can be passed from public property privately owned and capitalized in accordance with the law.
Article 39 All privately-owned buildings, carried out under the present law, shall declare, for the purposes of taxation, the financial and territorial bodies or their subordinate units, after completing their full and not later than 15 days from the date of expiry of the time limit laid down in the authorization of the construction.
Article 40 (1) where a building is achieved more apartments and residential areas with other destination, their owners acquire and a share of ownership of all parts of the building and facilities, as well as all the facilities which, by their very nature, may not be used except in common, regardless of the scale, or floor on which their property is situated.
(2) once the ownership of the buildings, the plight of those made in buildings with several apartments, the owner acquires and an aliquot portion of the concession law of the land that belongs to the private domain of the State or administrative territorial units.
(3) the shares referred to in the preceding paragraphs shall be determined in proportion to the carpet area of dwellings, holiday houses or areas with other destination of the building, as appropriate.
— — — — — — — — —-. (3) art. 40 was modified by item 32 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 30 ^ 4.
Article 41 of the Law of the land concession shall be transmitted in the case of succession or alienation of the building for whose achievement it was. Under the same conditions is transmitted and the building authorization.
Article 42 (1) Authorization to construct for intervention in order to ensure the requirements of strength, stability and safety in the operation of the construction on which distructivi factors have occurred naturally occurring or human health will be issued to strengthen the whole construction.
(2) authorization to construct/remove in order to execute the intervention works as a first emergency response for the implementation of existing constructions, including the related facilities, endangering the public, regardless of destination, and to the places of worship or to historic monuments classified developing times ranking, regardless of owner, except in commercial activities , is exempt from the fee.
— — — — — — — — —-. (2) of article 9. Amended 42 of item 33 of art. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending item 31 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
Article 43 Through an exception to the provisions of art. 4, authorizing execution of construction works: a) with special character, including those performed at construction. 3 paragraphs 1 and 2. (1) (a). (b)), shall be made by the institutions of the system of defence, public order and national security, on the basis of common procedures established in conjunction with the Ministry of regional development and public administration and the Ministry of culture, in accordance with the law;
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Lit. the article) 43 was amended by paragraph 10 of article 10. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
b) related transport infrastructure of national interest is made by the Ministry of transportation, through the specialized Directorate, in compliance with the legal provisions in the field of construction authorisation.
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Lit. b) art. Amended 43 of point 11 of article 1. IV of the EMERGENCY ORDINANCE nr. 7 of 16 March 2016, published in MONITORUL OFICIAL nr. 204 of 18 March 2016.
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Art. 43 amended item 34 of art. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 31 ^ 1.
Article 43 ^ 1 (1) the public is entitled to participate effectively and at an early stage in the procedure for authorising the execution of construction works, to document and to transmit comments and opinions to the competent authorities of local public administration, before making a decision on the request for the approval of the execution of construction works related to the competent authority of the investment for environmental protection established the necessity of assessing its environmental effects.
(2) the public information and consultation shall be conducted in accordance with the provisions of the legislation concerning the assessment of the impact of certain public and private projects on the environment.
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Art. 43 ^ 1 was introduced by the pct, article 32. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
Article 43 ^ 2
(1) Any interested person who considers himself aggrieved in his own right or in a vested interest, may apply to the competent administrative court, according to law, to attack the building authorization or rejection of the application for the authorisation of construction works execution, if applicable, issued by the competent authority of local public administration for investments referred to in article 1. 43 ^. (1) and (2) before addressing the competent administrative court, within 30 days from the date of bringing to the public the building permit or notice of rejection of the application for the authorisation of construction works execution, where appropriate, the persons referred to in paragraph 1. (1) the authority shall require the issuing of local public administration revoke the Act, in whole or in part, unless it has produced legal effects.
(3) prior Administrative Procedure provided for in paragraph 1. (2) is exempt from stamp duty and must be equitable, rapid and accurate.
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Art. 43 ^ 2 was introduced by the pct, article 32. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
Article 44 (1) under this law, in order to achieve a uniform regulatory framework concerning the authorisation of construction works, all technical regulations-norm, normative instructions, applicable in the field of construction and urban planning developed by the ministries and other central organs, shall be submitted for an opinion the Ministry of transport, constructions and tourism.
(2) the ministries and other central organs have drawn up technical regulations, in accordance with paragraph 1. (1) are required to transmit them to the Ministry of transports, constructions and tourism, with a view to approval within 30 days of the date of publication of the present law, under penalty of termination of their applicability.
Article 45 (1) within 60 days after the publication of this law, the county councils, the General Council of Bucharest, as well as local councils, city and municipal sectors of Bucharest, will organize within the apparatus of their own, specialized structures for carrying out duties under the responsibility of the architect, public servant with managerial post, Chief specialist/compartment structure, with duties in the field of urban planning town and country planning, execution and construction authorisation, and for advising the documentations): landscaping and urbanism as well as town planning licences;
b) repealed;
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Lit. b) of paragraph 2. (1) of article 1. 45 was repealed by article item 33. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(c) elaboration and authorization) of building/disturbance;
d) organise and control its own discipline in construction.
(1 ^ 1) Competent public authorities may organise within specialized structures for provision of services relating to obtaining for consideration under the law at the request of the applicant, opinions and agreements required the authorisation of construction works execution.
— — — — — — — — —-. (1 ^ 1), art. 45 was introduced by item 35 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 33 ^ 1.
(2) the local Council of the village can arrange specialized structures at the level of the appliance properly, under the conditions laid down in paragraph 1. (1) on the basis of a decision adopted in this respect.
(3) specialized Structures set up under the District Councils, specialized technical assistance, analyzes and advises applications for town planning licences and documentation for the issue of authorisations for the construction from the jurisdiction within which the mayors of communes and towns that have not yet established specialized structures, under the conditions mentioned in paragraph 1. (1) and (2) and of article 23. "". (1) (a). e) at their request.
— — — — — — — — —-. (3) art. 45 was amended item 35 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 33 ^ 2.
(3 ^ 1) Notwithstanding the provisions of article 4. "". (1) (a). (e)), the Presidents of the county councils can issue permits for construction works in the area of competence of the mayors of the municipalities and cities which have not yet established specialized structures according to the provisions of paragraph 1. (1) for a limited period, at their request.
— — — — — — — — —-. (3 ^ 1), art. 45 was amended item 36 of article 1. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending item 34 of art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
(4) where, due to a lack of specialists, cannot constitute specialized structures referred to in paragraph 1. (1) at the level of cities or municipalities shall apply paragraph 1 accordingly. (3) and (5) the Office of the Chief Architect, referred to in paragraph 1. (1), shall be entered in the driving functions within the apparatus of the County and local councils and they equate as follows: a) head of Department or the general director, Chief Architect for Bucharest, the County's Chief Architect, architects-heads of municipalities as well as the sectors of Bucharest;
b) Chief, chief architects of cities;
c) Office Chief for people with responsibility in the field of spatial planning, urban planning and execution of special authorisation from thedistrict commune, heads of specialized structures at their level, under the conditions laid down in paragraph 1. 2. (6) for the establishment of the databank, all holders of technical-urban networks, and underground, are obliged to submit to the county authorities, cadastral plans comprising Bucharest routes existing networks within the territory of the County and of the localities of the municipality of Bucharest, respectively. These plans will be made by the authorities of public administration the District of Bucharest, respectively, available to all municipalities, towns and mayoralties of communes, respectively Bucharest mayoralty in sectors whose administrative-territorial RADIUS are located technical-urban networks).
— — — — — — — — —-. (6) article. 45 was amended by point 37 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 34 ^ 1.
Article 46 Repealed.
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Art. 46 has been repealed by point 9 of article. 1 of law No. 52 on 8 March 2006, published in MONITORUL OFICIAL nr. 238 of 16 March 2006.
Article 47 annex. 1. concerning the content of the technical documentation for the approval of-previous passport of construction works and the annex. 2 concerning the definition of specialized terms used in the table of contents of the law are an integral part of this law.
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Art. 47 amended by art. The EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the term "Project" in the phrase "the Project for the approval of construction works execution" with the term "technical documentation"-previous passport.
Article 47 ^ 1 Any other provisions contrary to this law are hereby repealed.
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Art. 47 ^ 1 was introduced by the pct. of article 37. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 34 ^ 2.
Article 48
On the date of entry into force of the present law, law No. 4/1973 on the development of housing building and selling housing from the State Fund to the public, published in Official Gazette No. 46 from 31 March 1973, the Council of Ministers No. 880 of 16 July 1973 for determining measures of enforcement of the provisions of law No. 4/1973 on the development of housing building, housing the State population and building homes personalty, published in Official Gazette No. 108 of 20 July 1973, Decree nr. 144/1958 settlement to the issue of authorisations for the construction, repair and dismantle the structures, as well as those relating to the disposal and împărţelile of land with or without construction, published in Official Gazette No. 15 of 29 March 1958, Decree nr. 545/1958 on regulating the location of buildings, as well as the passage of State-owned land and constructions necessary to carry out certain works or actions of interest to the State, published in Official Gazette No. 41 of 30 December 1958, the Council of Ministers No. 2.490/69 laying down the rules and punish offences relating to the siting and construction, repair and construction and the abolition of other works, published in Official Gazette No. 158 of 31 December 1969, as well as any other provisions contrary to this law are hereby repealed.
Annex I CONTENTS of the previous passport for approving technical documentation execution of construction works — — — — — — — — —-the title of annex 1 was modified by point 37 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 34 ^ 3.
Technical documentation for execution of previous passport of construction works shall be established by the planners, natural or legal persons, under art. 9 of this Act and, after targeting towards neschimbare, develops the technical design drawn up in accordance with the legal provisions in force, in accordance with the requirements of the certificate of urbanism, with contents permits, agreements, the point of view of the competent authority for environmental protection, as well as, where appropriate, the administrative act thereof, required by the certificate of urbanism.
Technical documentation for execution of previous passport of construction works shall be made for:-authorisation of construction works execution-D.T.A.C.;
-authorizing execution of non-D.T.A.D.;
-organisation of execution of the work authorization-D.T.O.E. the Content of the technical documentation for previous passport-the execution of construction works includes opisul parts by drawing, and required to be submitted for approval.
— — — — — — — — — — the introductory part of annex 1 was amended by point 37 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 34 ^ 3.
A. Technical Documentation for previous passport execution of building-D.T.A.C. — — — — — — — — — — Lit. A of annex 1 was modified by art. II and III of the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the term "Project" in the phrase "the Project for the approval of construction works execution" with the term "Technical Documentation", previous passport and abbreviations "P.A.C." and "P.A.D." with abbreviations "D.T.A.C." and "D.T.A.D.".
I. Pieces by 1. List and signatures shall be supplemented by the name of designers in clear and quality designers, as well as part of the project for which they are responsible.
2. Memorandum 2.1. General information: a description of the work for which the technical documentation-for previous passport of construction works, with references to: — — — — — — — — — — the introductory part of paragraph 1 from subpct. 2.1., paragraph 2, list I, annex II, section 1 was amended by art. II and III of the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the term "Project" in the phrase "the Project for the approval of construction works execution" with the term "Technical Documentation", previous passport and abbreviations "P.A.C." and "P.A.D." with abbreviations "D.T.A.C." and "D.T.A.D.".
-its location, topography, map out work;
-climate and natural phenomena;
-Geology and seismicity;
-category of importance.
2.2. Description of the Pleadings on specialties: works-architecture;
-structure;
-installations;
-fully equipped with technological facilities, as appropriate;
-exterior décor and vertical systematisation.
2.3. data and indices to characterize the investment designed, included in the annex to the request for authorization:-areas-built ramp built unfolded and useful;
-height buildings and the number of levels;
-the volume of construction;
-percentage of employment of land-P.O.T.;
-land use coefficient-C.U.T. 2.4. The general estimate for the work, drawn up in accordance with the legal provisions in force 2.5. Annex to memorandum 2.5.1. Geotechnical study 2.5.2. Papers for verification of technical documentation-previous passport, in accordance with the legislation in force concerning quality in construction, including in the cases referred to in article 1. 7 para. (2 ^ 1) and (2 ^ 3) produced by projects breaks authorised by the Ministry of development, public works and housing, chosen by the investor.
— — — — — — — — — — point 2.5.2. from the list I ' plays ' in section 1 of the annex has been amended by article item 41. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. The EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the phrase «technical Checker» with the words «projects» checker. "
2.5.3. Repealed.
— — — — — — — — — — item 2.5.3. from the list I ' plays ' in section A of the annex 1 was repealed by article item 36. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
2.5.4. Repealed.
— — — — — — — — — — item 2.5.4. from the list I ' plays ' in section A of the annex 1 was repealed by article item 36. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
2.5.5. Notices and agreements on insurance, simultaneously and connection to municipal infrastructure, where appropriate, as well as opinions, agreements and specific administrative acts of the public administration bodies or decentralized services, where appropriate-the Ministry of environment and sustainable development, the Ministry of Interior and Administrative reform, the Ministry of public health and the Ministry of culture and religious affairs, Ministry of defence, the Ministry of Development, public works and housing , Ministry of transport, the Romanian Intelligence Service times and other bodies concerned by the urbanism certificate in accordance with the legal regulations in force and as a result of special conditions of location and/or functionality of your investment, if appropriate, obtained in advance by the applicant.
— — — — — — — — — — point 2.5.5. from the list I ' plays ' in section 1 of the annex has been amended by point 37 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
2.5.6. Neighbors agreement in accordance with 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 required for their protection, for construction works necessary for the change of destination in existing buildings, as well as in the case of special location with destination other than that of the neighbouring buildings.
II. comic Parts 1. General plans 1.1 Employment Plan territory plan employment area of the paper, drawn up at the stairs 1:10,000 and 1:5000, 1:2,000 or 1:1000, where applicable, issued by the Office of cadastre and real estate advertising-territorial — — — — — — — — — Subpct. 1.1. paragraph 1 of the list. Comic songs "in section 1 of the annex has been amended item 38 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
1.2. Plan concerning the location of the investment plan objectives with relief representation, drawn up in the projection system 1970, besides the stairs 1:2,000, 1:1000, 1:500, 1:200 or 1:100, where applicable, approved by the Office of cadastre and real estate advertising, which will represent: * building, identified by its cadastral number, which was issued a certificate of urbanism, described through its entirety topographical determinants for surface length of sides, angles, including the position and height of the Ridge bordering the calcanelor, as well as fixed and mobile parts position marking;
* the location of all the construction that will remain, they will abolish or will build;
* construction designed and maintained quotas on the three dimensions (odds odds ± 0.00;;; location axes distances; shares sidewalks, alleys, and other platforms too);
* name and each body construction;
* vertical planning of the land and how to drain rainwater;
* her on-site pedestrian and road traffic and buildings, plantations;
* parcelar of tarlalei plan in case of unfenced property which is subject to the laws of restitution of property.
— — — — — — — — — — Subpct. 1.2. in point 1 from the list. Comic songs "in section 1 of the annex has been amended item 38 of article. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
1.3. the underground construction plan will include their location, particularly urban utility networks in the area of site: trails, dimensions, level relating to the positioning of the CAP-and-Foundation, and will be drawn to scale 1:500.
In the event of lack of public networks equipment attracted indicate their own facilities provided through the project, particularly for water supply and sanitation.
2. Indexing specialties 2.1. Architecture architectural drawing Pieces will comprise the main drawings relating to the architecture of each object, drawn to scale 1:50 or 1:100, as follows:-rated plans of all underground and aboveground levels, together with an indication of the functions, dimensions and areas;
-plans of roofs or roof-terrace, with an indication of the slopes of storm water drains and the way of collecting them, including an indication of the materials from which runs furniture;
-characteristic-especially sections on the line of greatest slope, where appropriate-including share, all shares ± 0.00 levels, the height of the roof-ridge and shares the cornice-neighbouring buildings, the foundations on which joins constructions designed;
-all the facades, with an indication of the materials and finishes, including colors, quoted and indicating connection to ground-level landscaped;
-in the case of construction in an integration front, will attend and conduct on-street which will show how to integrate them into the existing urban tissue.
2.2. Structure 2.2.1. Foundations plan is drawn up to 1:50 and scale will reveal:-the method of observing the conditions in geotechnical study;
-measures to protect neighbouring buildings foundations, which joins the projected constructions.
2.2.2. Details of foundations 2.2.3. Project structure complete construction is presented with several basements and at least 10 levels.
2.3 Installation 2.3.1. Diagrams of installations shall be submitted to the main parameters and functional diagrams of installations.
2.4. Endowments and technological installations where the investment is intended to operate on the basis of its commitment and technological installations, for planimetrică configuration of structures, will be presented with: 2.4.1. 2.4.2. Overview drawings Technological flow schemes of Each drawing submitted under section II "comic Songs" will take in the bottom right one cartridge, which will include: the name of the company or of its developer, designer registration number or approval number, if applicable, the project title and project number of the drawing, and drawing, time of preparation, the name, capacity and signature of the developers and the project Chief.
B. Technical Documentation for previous passport execution of non-D.T.A.D. — — — — — — — — — — 1 Section B of the annex has been amended by art. II and III of the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the term "Project" from the "project for non-execution of authorization" by the term "Technical Documentation" and previous passport abbreviation "P.A.D." abbreviation "D.T.A.D.".
I. Pieces by 1. List and signatures shall be supplemented by the name of designers in clear and quality designers, as well as part of the project for which they are responsible.
2. Memorandum 2.1. General description of construction data to be broken:-brief history: year of crafting, crafts, other characteristic data;
-description of the constituent materials, structure, architectural style;
-indication and description property or decorative elements which are to be taken;
-color photos-format 9 x 12 cm-of all facades, and where will this conduct resulted from assembling multiple photos;
-description of the work for which the technical documentation for previous passport-the work of the winding up.
— — — — — — — — — — second indent-5 at subpct. 2.1., paragraph 2, list, section B of annex 1 was modified by art. The EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the term "Project" from the "project for non-execution of authorization" by the term "technical documentation"-previous passport.
2.2. Repealed.
— — — — — — — — — — Subpct. 2.2 I list in section B of annex 1 was repealed by article item 38. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 38 ^ 1.
II. comic Parts 1. Territory plan for employment-based topographical drawing approved by the Office of cadastre and real estate advertising, drawn up at the stairs 1:10,000 and 1:5000, 1:2,000 or 1:1, 000, depending on the circumstances.
— — — — — — — — —-section 1, list II, section B of annex 1 was modified by art. IV of the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the phrase "County Office of cadastre, Geodesy and cartography" with the phrase "Office of cadastre and real estate advertising" territorial ".
2. Site Plan of buildings-exhibit-based topographically endorsed by the Office of cadastre and real estate advertising, compiled at 1:2,000 stairs, 1:1,000, 1:500, 1:200 or 1:100, as appropriate, stating:----------in the first indent of paragraph 2, list II, section B of annex 1 was modified by art. IV of the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the phrase "County Office of cadastre, Geodesy and cartography" with the phrase "Office of cadastre and real estate advertising" territorial ".
● land plot for which he was issued a certificate of urbanism;
● the location of all the construction that will maintain or abolish;
● how the arrangement of the land after the dismantling of constructions;
● vertical ordering of the land and how to drain rainwater;
● existing plantations and that remain after disturbance.
On Board shall indicate separately the elements of existing ones which are dissolved and the proposed plan, new construction or earth fillings, etc., as appropriate.
3. Plan on underground construction will include their location, particularly urban utility networks in the area of site: trails, dimensions, level relating to the positioning of the CAP-and-Foundation, and will be drawn to scale 1:500.
In the event of lack of public networks equipment attracted indicate their own installations, especially those for water supply and sanitation.
4. Releveul construction to be dismantled Surfboards will draw on an appropriate scale-1:100 or 1:50-enabling highlighting existing premises and progress, specifying quotas, existing materials and surfaces:-plans of all levels and roof plan;
-the main sections: transverse, longitudinal, other sections, where appropriate;
-all the facades.
In the event that requires complex technical operation abolition, the Technical Documentation and the Organization of the previous passport.
— — — — — — — — — — second subparagraph of paragraph 4, list II, section B of annex 1 was modified by art. The EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the term "Project" from the "Project for the Organization of the execution of the work" with the term "technical documentation"-previous passport.
Each drawing submitted under section II "comic Songs" will take in the bottom right a cartridge that will include: company name or its developer, designer registration number or approval number, if applicable, the project title and project number of the drawing, and drawing, time of preparation, the name, capacity and signature of the developers and the project Chief.
C. the technical documentation for the Organization of the execution of the works-D.T.O.E. — — — — — — — — —-the title of section C of annex 1 was modified by item 38 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 38 ^ 2.
Technical documentation for the Organization of the execution of the work D.T.O.E. is required in all cases where an investment is carried out and shall submit, together with the technical documentation for the approval of the execution of construction works, in accordance with the law.
Technical documentation for the Organization of the execution of the works must include a description of all work preparatory provisional and needed to guarantee execution of technology investment, both on the land and the related investment on temporarily occupied the spaces outside it, including those in the public domain, as follows: — — — — — — — — — — the introductory part of section C of annex I of the amended item 38 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 38 ^ 2.
I. Pieces by 1. List and signatures shall be supplemented by the name of designers in clear and quality designers, as well as part of the project for which they are responsible.
2. This Memorandum will include:-a description of the work of the provisional organizing enclosure, the location of structures, fittings and material deposits;
-ensuring and purchasing of materials and equipment;
-connection to the mains utilities Provisional Urban site area;
-details of the bouts and fencing;
-details of work protection.
— — — — — — — — — — Subpct. 2 «Memoir» I «list Songs by» section C of annex 1 was modified by item 38 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 38 ^ 3.
Technical items relating to the connection of an opinion on the provisional urban facilities in the area, required for obtaining unique agreement, will be presented in the context of data sheets prepared in technical documentation-previous passport for execution of construction works-D.T.A.C. or D.T.A.D., as appropriate.
— — — — — — — — — — Paragraph 2, item 2, list I of section C of annex 1 was modified by art. The EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the term "Project" in the phrase "the Project for the approval of construction works execution" with the term "Technical Documentation", the previous passport abbreviation P.A.C. "" with the abbreviation "D.T.A.C." and the abbreviation "P.A.D." abbreviation "D.T.A.D.".
II. general comic Pieces) in the work of greater breadth shall be drafted a drawing done as planned on the situation concerning the location of investment objectives, including location and all facilities and buildings necessary for provisional;
b) at smaller scale works the elements of organisation of execution of works will be presented in the situation concerning the location of the investment objectives of the technical documentation for previous passport-the execution of construction works.
----------
Lit. b) of point 1 of the annex has been amended by art. The EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the term "Project" in the phrase "the Project for the approval of construction works execution" with the term "technical documentation"-previous passport.
Each drawing submitted under section II "comic Songs" will take in the bottom right one cartridge, which will include: the name of the company or of its developer, designer registration number or approval number, if applicable, the project title and project number of the drawing, and drawing, time of preparation, the name, capacity and signature of the developers and the project Chief.
Appendix 2 definition of terms used in specialized law repealed Definition of contents.
— — — — — — — — — — the definition "Agreement" in annex 2 was repealed by article item 39. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
● Building permit/non-authoritative Instrument of local government-County Councils and municipal councils, local, city and communal-based which can be carried out construction works.
Procedure for authorization to construct/remove is regulated by this law and by the methodological norms developed by the Ministry of transport, constructions and tourism.
● Annex household Constructions with final or provisional, designed to accommodate specific, complementary activities to housing functions, which by its location in the neighborhood, make up along with it a distinct functional unit.
In the category household, usually the annexes in the countryside are included: summer kitchens, stalls for large animals, pătule, warehouses, stores and the like. Similarly, the concept of the annexes shall be treated household and garages, greenhouses, swimming pools and the like.
● Annex household of farm Buildings located in isolated areas in built-up area and far removed from the place of residence of the farm workers, designed to house equipment, farm machinery, small workshops, tools and other goods, including animals and spaces for temporary accommodation during campaigns.
● Endorsement/approval Notification-procedure analysis and expression of the point of view of a technical Commission from the structure of ministries, local government or other bodies or territorial stakeholders, involving the analysis of functional solutions, technical indicators of the economic and social or other documentation presented by elements of landscaping and urbanism or by Technical Documentation for previous passport execution of construction works and technical design (p. th.) on the basis of which it will execute the work.
Advising is materialized by an act (favourable or unfavourable) which has a technical performance.
— — — — — — — — — — Definition of "Endorsement" of annex 2 was amended by point 40 of the art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
The definition of "Endorsement" of annex 2 was amended by art. The EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the term "Project" in the phrase "the Project for the approval of construction works execution" with the term "technical documentation"-previous passport.
Deliberative forum-approval option of the competent authority of the appropriation of the proposals from the documentation submitted and supported by favorable technical advice given previously issued. Through the Act of approval shall confer the power of application documentation, being as legal basis for the implementation of territorial development programmes and urban, as well as authorization of execution works investment objectives.
● Construction of Buildings with reduced functions, with a low-risk, affecting a small number of people: a) residential buildings with S + P + 1, with a maximum of 6 apartments, including household annexes thereof;
b) buildings for education with a maximum of 4 functional units;
c) communal health centres without stationary;
d) administrative headquarters in rural area: mayors, police stations, rural credit cooperatives, libraries, post offices and the like;
e) trade and buildings catering, with an area up to 200 square meters and with spans up to 6 m;
f) workshops and warehouses for craft activities that do not generate vibration with an area up to 200 square meters and spans up to 6 m;
g) household outbuildings and annexes: garages, summer kitchens, sheds, barns and the like;
h) provisionally construction.
● Building Construction authorised provisionally as such, irrespective of the nature of the materials used, which by local authorities due to the specificity of the sheltered urban requirements imposed on times of public authority, have a limited existence, and specified by the building permit.
As a rule, construction with transitional nature of materials and alcătuiri that allow quick dismantling in bringing the land to its original state (metal, pieces of lumber, plastics, other times too) and are small in size. In category construction provisionally belong: kiosks, tonete, cabins, situated at exposure and in public spaces, and display panels, and advertisements, canopies, pergolas times. For the purposes of the present law shall authorize the provisional construction achievement under the same conditions in which a final construction is authorized.
● Special constructions
Construction, outfitting and equipment authorised under the conditions laid down in article 21. 43 lit. the construction, respectively), fittings and installations at the military targets, as well as those made in order to carry out specific duties of institutions in the field of defence, public order and national security, held with any title by them.
— — — — — — — — — — Definition of "special constructions" of annex 2 of the amended point 11 of article 1. in accordance with law No. 148 of 12 July 2016, published in MONITORUL OFICIAL nr. 534 of 15 July 2016.
● Documentation of landscaping and urban Assemblies of written material and comic, in relation to a defined territory, to analyse the current situation and goals are established, actions and measures of development over a certain period.
Creating the structure for landscaping and urbanism: a) landscaping plans;
b) urban plans;
c local zoning regulations).
The definition and content of the technical documentation for landscaping and planning are carried out with law spatial planning and urbanism.
● Technical documentation technical documentation-simplified previous passport showing the essential technical elements necessary for issuing authorization to construct/remove and setting out the main coordinates concerning employment indexes urbanistici approved the construction and their relations with neighborhoods, streams and functional diagrams, composition, spatial structure, architectural expression, equipping and construction-including the insurance solutions, branşare and their connection to municipal infrastructure where appropriate.
After authorization of the construction, technical documentation-previous passport develops technical project-P.Th, and forms an integral part thereof, and the details of implementation, being prohibited modification technical documentation-previous passport, on pain of nullity of the authorization to construct.
The content of the technical documentation referred to in the previous passport-annex 1 to this law.
— — — — — — — — — — definition of ' technical documentation-previous passport ' in annex 2, was amended by point 39 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending item 41 of art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
● Documentation authorizing the execution of construction works all those documents referred to in article 1. 7 para. (1) of the act constituting the folder image to the local public administration authorities; 4 for the purpose of issuing the building permit.
— — — — — — — — — — Definition of "documentation authorizing the execution of construction works ' in annex 2, was amended by point 39 of article. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 amending item 41 of art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
● The right to execution of construction works on construction and/or land which they entitle the holder to acquire property under the law of the competent authority, authorization to construct/remove: 1. a right in rem: property rights, usufruct, use, superficies, servitude (acquired by contract of sale, Exchange, donation, inheritance, administrative act of restitution, court order);
2. straight bonds acquired by assignment, contract: concession, bailment, the tenancy. Authorization for the construction under a contract of bailment/tenancy can only be made for the provisional nature and the consent of the rightful owner. By exception, under a lease agreement concluded under the terms of specific legislation in the field of oil and natural gas, by the holders of licenses/permits/authorizations with land owners from the perimeter, it may authorize the carrying out of construction works including necessary for carrying out the operations for the exploration/exploitation of geological prospecting and oil and gas, other than provisionally constructions If these contracts include the explicit agreement of the owners for the performance of construction works on such land.
— — — — — — — — —-section 2 of the definition of "construction works execution" of annex 2 was amended by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 22 of 6 May 1986, published in MONITORUL OFICIAL nr. 353 of 14 may 2014.
— — — — — — — — — — the definition of "construction works execution" of annex 2 was amended by point 40 of the art. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 41 ^ 1.
● Applicable on component Company building or independently, which burn data to identify a public institutions, private companies, foundations, business name, activity or any other specific text, under which a natural or legal person exercising the activity in a building or in an enclosure.
● Construction related equipment Installations that provide utilities for practically all necessary construction operation, located within the boundary of the property, from the branching tee to users/, regardless of whether they are or not incorporated under construction. Related constructions be permitted facilities together with them or, if necessary, separately.
— — — — — — — — — — definition of ' related Facilities construction in annex 2 was amended by point 40 of the art. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 41 ^ 2.
● The built area of the territory constituting a locality as determined by the general urban plan (PUG) and includes any kind of land Assembly, with/without construction, organized and delimited as independent bodies, which are planted permanently underwater in set-aside or another destination, within which it is permitted the realization of construction, according to the law.
Built area can develop by expanding the area only on zonal urbanism plans (ZUP), legally approved, joining in the general urban plan (GUP) of.
● The outskirts of Territory between the built-up area and limit administrative and territorial unit (city, town, municipality), within which the authorization of enforcement of construction works is restricted under this law.
● Construction Fencing final or provisional, to delineate areas, areas or plots on which there are forms of ownership, to guard against intrusion, made of various materials-concrete, brick, stone, wood, metal, including Wire-barbed bulumaci stretched on, either through specific plantii.
● Playgrounds and recreation Building for entertainment, recreation and sports for the population.
— — — — — — — — — — Definition of "playgrounds and recreation ' in annex 2 was introduced by point 40 of the art. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 41 ^ 3.
● Works specific Operations:-is carried out any kind of construction-civil, industrial, urban, underground and evaluate aerial, communications, engineering, works of art, etc.;
-It takes away such constructions by blasting, demolition, dismantling, etc. ● modification Papers works of constructive interventions on the structural elements and/or structural, having the effect of modifying in whole or in part.
The work of change can be: a structural modification) work, which is mainly the work of consolidation, activities and/or expansion of construction;
b) modification works nestructurală, which includes mainly the work of Interior and recompartimentări, which do not significantly affect the structure of the building and resistance to necessary consent of an authorized Designer.
For the execution of alterations, with the exception of provisional works comprising non-structural, it is necessary to issue an authorization to construct according to the law and in compliance with the legal provisions concerning quality in construction.
— — — — — — — — — — the definition of "alteration" in annex 2 was amended by point 40 of the art. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, with 41 ^ 4.
* Intervention Works as a first emergency
Any necessary works to existing buildings that pose a public danger as a result of their degradation processes caused by natural and anthropogenic factors distructivi, including associated installations: a) the implementation by ensuring safety requirements for mechanical strength, stability and safety of operation;
b) disbanding them.
— — — — — — — — — — Definition of "intervention Works as a first emergency" in annex 2 was introduced by the pct. of article 42. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
* Rehabilitation works any kind of interventions required to improve safety performance and occupancy of existing constructions, including the related facilities for the purposes of prolongation of the duration of exploitation by bringing them to the quality level the essential requirements provided by law.
— — — — — — — — — — Definition of "rehabilitation" in annex 2 was introduced by the pct. of article 43. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
● Specific Works at the communication paths that do not require planning permission maintenance work that requires no general estimate and project, consisting of a complex of works that is running on a permanent basis in order to maintain safe facilities construction-technical deployment continue, comfortable and safe circulation of traffic at maximum level.
● Urban furniture items that are functional and/or decorative located in public spaces, through composition, appearance, location, or area of distinctive personality. By their nature pieces of urban furniture are treated as if their location construction is done by binding the constructive ground (foundations of concrete platforms, connections to urban utilities except electricity), necessitating the issuance of the authorization to construct. Belonging to the category of urban furniture: benches, planters, basins, floor lamps, decorative paving, pergolas, telephone booths and the like.
* Change the theme of any change initiated by the investor/owner planning functions and/or functional capacities, technical-economic indicators approved, spatial solutions and/or location and other requirements that underlie the drafting of technical documentation-previous passport, which led to the issuance of the building permit.
— — — — — — — — — — Definition of "Change of subject" in annex 2 was introduced by the pct. of article 44. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
● Urban design operation parcel/plot by which it determines the Division of one or more distinct properties, land intended for the construction, for the purpose of the assignment, concessionaires or sale of lots.
* Technical project (p. th.) economic-Technical Documentation-tracks written and drawn-drafted law, developing technical documentation-previous passport, in compliance with the conditions imposed in the authorization of the construction, as well as opinions, agreements and administrative act of the competent authority for environmental protection, the building authorization.
The technical project (p. th.) includes technical and economic solutions for achieving the goal of investing, which is running construction works.
— — — — — — — — — — definition of ' technical project (p. th.) ' in annex 2, was amended by point 45 of art. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
* Detail design (D.E.)
Technical documentation comprising graphic representations made at the stairs 1:2.1:5,1:10.1:20 or, where appropriate, to other scales, depending on the needs of the wording, as well as pieces written for graphics specification, drawn up on the basis of technical project and with strict adherence to its provisions, detailing the technical solutions to the composition, Assembly, execution, installation and other similar operations, concerning parts/elements construction times related installations and indicating dimensions materials, technologies, as well as the link between the structural elements of the construction/structural investment objective.
The details of implementation, developed in accordance with the law and checked for the essential requirements of the construction quality of the certified projects breaks the law, detailing the project, in order to execute construction works.
— — — — — — — — — — Definition of "detail design (D.E.) ' in annex 2, was amended by article item 41. 1 of law No. 261 of 7 July 2009 published in Official Gazette No. 493 of 16 July 2009 to supplement art. The EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 from December 16, 2008, by replacing the phrase «technical Checker» with the words «projects» checker. "
Definition be repealed.
— — — — — — — — — — Definition of "draft for authorizing execution of construction ' in annex 2, was repealed by article, item 47. From the EMERGENCY ORDINANCE nr. 214 of 4 December 2008, published in MONITORUL OFICIAL nr. 847 of 16 December 2008.
● Front desk Reception works works constitutes a component of quality in construction and is the Act of certifying completion of works performed under the project with technical and construction details.
Construction works at the front desk of any category and installations shall be carried out at both new works and interventions over time over the existing constructions in accordance with the law. The receipt of construction works shall be carried out in two stages, according to the legal provisions in force, as follows:-reception at the completion of the work;
-final acceptance.
● Change of destination within the meaning of the provisions of art. 3 it is necessary to issue an authorization to construct and/or remove, where appropriate, but where in order to achieve a change of destination of the premises are required for construction works for which the law provides for the issuance of building permit.
● Protected areas demarcated geographical Territories, whose elements or sets of natural or cultural heritage value. In relation to the nature of the assets are protected areas: protected areas of) established for protecting and exploiting the natural heritage with particular value;
(b) protected areas) built in place for saving, protecting and exploiting the built heritage, cultural historical value, or memoirs.
Note Note: we present below the provisions of art. III of law No. 453/2001 for the modification and completion of the law #. 50/1991 authorizing execution of construction works and measures for carrying out housing, of art. Paragraph 5. (2) and of article 23. III of law No. 401/2003 for the modification and completion of the law #. 50/1991 authorizing execution of construction works and art. Paragraph 5. (2) of law No. 199/2004 for the modification and completion of the law #. 50/1991 authorizing execution of construction works, which are not incorporated in the consolidated text of the law No. 50/1991:-art. III of law No. 453/2001: "Art. III.-the date of entry into force of this law shall be repealed: the annex to law No. 50/1991, republished, art. 8 para. 5 and section 8 lit. j) of the annex. (Ii) the environmental protection Law No. 137/1995, republished in the Official Gazette of Romania, part I, no. 70 of 17 February 2000, and references to the obligation to issue environmental agreement for construction-Assembly works within the law, of the acts of its implementation, as well as any other provisions contrary to the provisions of this Act. ";
-art. Paragraph 5. (2) and article 3. III of law No. 401/2003: "(2) within 60 days after the date of entry into force of this law, the Ministry of transport, constructions and tourism will change the detailed rules for the application of law No. 50/1991, republished, with subsequent amendments and additions, including those made by this Bill, which will include the authorisation procedure, forms and contents of documentation necessary for this procedure. The same term will be taking over operations, teaching to accommodate land studies and documentation. I, item 23 [paragraph 3. (1) of article 1. 29 ^ 2], through the protocol concluded between the parties after the inventory referred to in article archives. I, item 23 [article 29 paragraph 1 ^ 1. (3)], without the need of implementation delay.
Art. III.-the date of entry into force of this law are repealed (c)) of article 48 of the law nr. 422/2001 for protection of historical monuments.
-art. Paragraph 5. (2) of law No. 199/2004:
"(2) within 30 days after the date of entry into force of this law, the Ministry of transport, constructions and tourism will change the detailed rules for the application of law No. 50/1991 authorizing execution of construction works, republished, with subsequent amendments and additions, approved by order of the Minister of public works, transport and housing no. 1.943/2001 with subsequent amendments. "
Annexes to the methodological norms — — — — — —
