Advanced Search

Law No. 261 Of 7 July 2009

Original Language Title:  LEGE nr. 261 din 7 iulie 2009

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 261 261 of 7 July 2009 on approval Government Emergency Ordinance no. 214/2008 to amend and supplement Law no. 50/1991 concerning the authorisation of construction works
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 493 493 of 16 July 2009



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 214 214 of 4 December 2008 to amend and supplement Law no. 50/1991 on the authorization of the execution of construction works, published in the Official Gazette of Romania, Part I, no 847 of 16 December 2008, with the following amendments and additions: 1. In Article I, paragraph 2, paragraph 2 of Article 2 shall be amended and shall read as follows: " (2) The building permit is issued on the basis of the documentation for the authorization of the execution of construction works, elaborated under the conditions of this law, under and in compliance with the provisions of urban planning documentation, approved and approved according to the law 2. In Article I, point 3, paragraph (2 ^ 1) of Article 2 shall be amended and shall read as follows: " (2 ^ 1) The procedure for authorizing the execution of construction works begins with the submission of the application for the issuance of the urbanism certificate for the purpose of obtaining, as final act, the building permit and includes the following stages: a) issuance of the urbanism certificate; b) issue of the point of view of the competent authority for environmental protection for investments not subject to environmental impact assessment procedures; c) notification by the applicant of the authority of the competent public administration about the maintenance of the request for obtaining, as final act, the building permit, for the investments to which the competent authority for environmental protection has established the need for environmental impact assessment and issued the guidance according to the legislation on the impact assessment of certain public and private projects on the environment; d) issue of opinions and agreements, as well as of the administrative act of the competent environmental protection authority on investments assessed in terms of environmental impact; e) elaboration of the technical documentation necessary for the authorization of execution of construction works, hereinafter referred to as technical documentation-D.T.; f) submission of documentation for the authorization of execution of construction works to the competent public administration authority; g) issuance of the building permit. " 3. In Article I, after point 3 a new point is inserted, point 3 ^ 1, with the following contents: "" 3 ^ 1. In Article 2 (4), after letter a), three new letters, letters a ^ 1), a ^ 2) and a ^ 3) are inserted, with the following contents: "" a ^ 1) works to bunk buildings with one more level, only once, in the area of not more than 20% of the built-up area of buildings, provided that they are located outside protected areas or areas of protection of monuments, as appropriate; a ^ 2) works of extension of social, educational, health, cultural and administrative buildings belonging to the public and private domain of the state and administrative-territorial units, if the extension falls within the provisions the local urban planning regulation related to the general urban plan-PUG or the zonal urban plan-PUZ, approved, in force; a ^ 3) changing the use of existing constructions, if the new use corresponds to the provisions of the local urban planning regulation related to the general urban plan-PUG or the zonal urban plan-PUZ, approved, in force; "". 4. In Article I, point 4 is amended and shall read as follows: "" Four. Article 3 is amended and shall read as follows: "" Art. 3. -(1) Civil, industrial, agricultural constructions, those for the support of technological installations and machinery, for infrastructure of any kind or of any other nature can be carried out only in compliance with the building permit, as well as regulations on construction design and execution, for: a) construction, reconstruction, consolidation, modification, extension, rehabilitation, change of destination or repair of constructions of any kind, as well as of the installations related to them, except for those provided in art. 11 11; b) construction, reconstruction, extension, repair, consolidation, protection, restoration, conservation, as well as any other works, regardless of their value, to be carried out at constructions representing historical monuments, including to their annexes, identified in the same building-land and/or construction, in constructions located in areas of protection of monuments and in protected built areas, established according to the law, or to constructions with architectural value or special historical, established by approved urban planning documentation; c) construction, reconstruction, modification, extension, repair, modernization and rehabilitation works on communication routes of any kind, forest roads, art works, technical-edilitary networks and facilities, connections and connections to utility networks, hydrotechnical works, white furnishings, land improvement works, infrastructure installation works, works for new production capacities, transport, electricity and/or thermal power distribution, as well as rehabilitation and retrofitting of existing ones; d) fencing and urban furniture, landscaping of green spaces, parks, playgrounds and leisure, squares and other works of arrangement of public spaces; e) drilling and excavation works necessary for the carrying out of geotechnical studies and geological prospections, the design and opening of quarries and ballasters, gas and oil wells, as well as other surface exploits, underground or underwater; f) works, facilities and constructions of a provisional nature necessary for the organization of the execution of works, under the conditions provided in art. 7 7 para. ((1) and (1 ^ 3); g) the organization of tent camps, cottages or caravans; h) construction works of a provisional nature: kiosks, tonettes, cabins, exhibition spaces, display bodies and panels, companies and advertisements, awnings and pergolas located on public paths and spaces, household annexes, as well as household annexes of agricultural holdings located in extravilan; i) cemeteries-new and expansions. (2) In order to simplify the procedure for the authorization of the execution of the provisional construction works provided in par. ((1) lit. d), g) and h), the building permit is issued on the basis of technical documentation-D.T. with simplified content in relation to the framework content set out in Annex no. 1 1. "" 5. In Article I, after point 4, four new points are inserted, points 4 ^ 1, 4 ^ 2, 4 ^ 3 and 4 ^ 4, with the following contents: "" 4 ^ 1. In Article 4 (a), point 2 is amended and shall read as follows: "2. in the extravilan of the communes whose mayors did not organize specialized structures;". 4 4 ^ 2. In Article 4 (c), point 2 is amended and shall read as follows: " 2. to the constructions provided in art. 3 3 para. ((1) lit. b); ". 4 4 ^ 3. In Article 4, the introductory part of the letter e) is amended and shall read as follows: "e) the mayors of the cities and communes for the works that are carried out:". 4 4 ^ 4. Article 4 (f) shall be repealed. '; 6. In Article I, paragraph 5, paragraph 2 of Article 4 shall be amended and shall read as follows: " (2) For works that are carried out on sites exceeding the limits of the county, respectively of the city of Bucharest, in order to harmonize the conditions of authorization for the entire investment, the authority of the competent, according to the law, will issue a coordinating opinion based on which the presidents of the county councils involved, namely the general mayor of Bucharest will issue building permits for the works located in the units administrative-territorial of their area of competence. " 7. Article 4 (4) of Article 4 shall be repealed. 8. In Article I, after point 5, a new point is inserted, paragraph 5 ^ 1, with the following contents: "" 5 ^ 1. In Article 4, a new paragraph (5) is inserted after paragraph 4, with the following contents: " (5) For the works of boreholes and submarine prospections, as well as the construction of the submarine energy and communication transport networks, located in the territorial sea, the contiguous area or the exclusive economic zone of the Black Sea, as the case may be, the building permit shall be issued by the competent central public administration authority. ' " 9. In Article I, point 6, Article 5 is amended and shall read as follows: "" Art. 5. -(1) The opinions and agreements established by the urbanism certificate shall be requested by the investor/beneficiary and shall be obtained from the competent authorities in the field before the submission of the documentation for the authorization of the execution of construction works to the public administration authorities competent for: a) insurance and connection/connection to the edilitary infrastructure, under the conditions imposed by the characteristics and location of the energy distribution/transport networks in the site area; b) connection to the communication path network; c) fire safety, civil protection and public health protection; d) requirements specific to areas with restrictions established by special regulations. ((2) The acts of authority issued by the competent authorities for the protection of the environment referred to in 2 2 para. ((2 ^ 1) lit. b) and d) are requested and obtained by the investor/applicant under the law. (3) The opinions and agreements established by the urbanism certificate, together with the view of the competent authority for the protection of the environment or, as the case may be, its administrative act, obtained according to the provisions of par. ((1) and (2), shall be annexed and become an integral part of the building permit. " 10. In Article I, paragraph 7, paragraph 1 of Article 6 shall be amended and shall read as follows: "" Art. 6. -(1) The urbanism certificate is the act of information by which the authorities provided in art. 4 4: a) make known to the applicant the information on the legal, economic and technical regime of the existing land and constructions on the date of the request, in accordance with the provisions of the urban plans and their regulations Spatial planning plans, as appropriate, approved and approved according to the law; b) establish the urban requirements to be fulfilled according to the specifics of the site; c) establish the list of opinions/agreements required for authorization; d) incunostinteaza the investor/applicant on the obligation to contact the competent authority for environmental protection, in order to obtain the point of view and, as the case may be, of its administrative act, necessary in order to authorization. " 11. In Article I, paragraph 8, paragraph (1 ^ 1) of Article 6 shall be amended and shall read as follows: "" (1 ^ 1) The point of view of the competent authority for the protection of the environment is the written document issued by it after the initial assessment stage, respectively after the stage of the investment in the impact assessment procedure on the environment, and the administrative act of the competent authority for environmental protection is, where appropriate, the environmental agreement or the Natura 2000 opinion. " 12. In Article I, point 9 is amended and shall read as follows: "" 9. In Article 6, paragraphs 4 and 6 are amended and shall read as follows: " (4) In order to issue the urbanism certificate, the applicant-any interested natural or legal person-will address the authorities provided in art. 4 with an application that will include both the elements of identification of the property for which the urbanism certificate is requested, namely the locality, cadastral number and land registry number, where applicable, if the law does not have otherwise, and elements defining the purpose of the request ........................................................................................ (6) The urbanism certificate is also issued in the following situations: a) for the concession of land, according to the law; b) in order to tender the design of public works in the phase of "Feasibility Study", according to the law; c) for claims in justice and notarial operations on real estate movement when the respective operations have as object dividing or comasars of plots requested for the purpose of construction works, as well as the establishment of a servituti of passage on a building. The said legal operations, carried out in the absence of the urbanism certificate, are hit by nullity. " 13. in Article I, point 11, points b) and d) of paragraph 1 of Article 7 shall be amended and shall read as follows: " b) proof, in certified copy, of the title on the property, land and/or construction and, as the case may be, the updated cadastral plan extract up to date and the updated information land book extract, if the law does not have otherwise; ........................................................................................ d) the opinions and agreements established by the urbanism certificate, the point of view of the competent authority for environmental protection and, as the case may be, its administrative act; ". 14. in Article I, point 11, point e) of paragraph 1 of Article 7 shall be repealed. 15. in Article I, paragraph 11, letter f) of paragraph 1 of Article 7 shall be amended and shall read as follows: "f) proof of payment of the fees related to the urbanism certificate and the building permit." 16. In Article I, paragraph 12, paragraph (1 ^ 2) of Article 7 shall be amended and shall read as follows: "" (1 ^ 2) The documentation for the authorization of the execution of construction works shall be submitted and registered with the competent public administration authority only if the applicant presents all the documents provided in par. ((1). ' 17. In Article I, after point 14, three new points are inserted, points 14 ^ 1, 14 ^ 2 and 14 ^ 3, with the following contents: "" 14 ^ 1. Article 7 (3) is amended and shall read as follows: "(3) In case of submission of an incomplete technical documentation, this shall be notified in writing to the applicant, within 5 days from the date of registration, with the mention of the necessary elements in order to complete it." 14 14 ^ 2. In Article 7, a new paragraph (3 ^ 1) is inserted after paragraph 3, with the following contents: " (3 ^ 1) Individuals with attributions in the verification of documentation and the elaboration/issuance of building permits respond materially, contraventionally, civil and criminal, as the case may be, for non-compliance with the deadlines ((1) and (3). ' 14 14 ^ 3. In Article 7, paragraphs 9 and 10 are amended and shall read as follows: " (9) The building permit is issued if the conditions required by this law are cumulatively met. The issuing authority of the authorization is not responsible for any subsequent damage caused by the existence, at the time of issuance of the act, of disputes pending before the courts regarding the building-land and/or construction- belonging to the applicant, the responsibility being solely (10) The consolidation works on the buildings classified by the technical expertise report or by the justifying technical note in class I of seismic risk and presenting public danger shall be authorized as a matter of urgency, under the conditions provided in par. ((16). '' 18. In Article I, paragraph 17, paragraph 15 ^ 2 of Article 7 shall be amended and shall read as follows: "" (15 ^ 2) The verification of the classification of works corresponding to the subject changes within the limits of the opinions and agreements obtained for the initial building permit is carried out by the specialized structures of the administration authority competent public, as well as the verifiers of projects certified under the law, for each essential requirement of quality in construction, with the participation of representatives of the approval institutions. " 19. In Article I, paragraph 18, paragraph 16 of Article 7 shall be amended and shall read as follows: "" (16) In compliance with the legislation on the impact assessment of certain public and private projects on the environment, in the case of public danger constructions, the building permit for the execution of intervention works in the first urgency, which mainly consists in the support of damaged structural/non-structural elements, partial demolitions and consolidations to the resistance structure, mandatory in cases of damage, technical accidents, calamities or other events with exceptional character, shall be issued immediately by the public administration authority competencies according to this law, following that the technical-economic documentation corresponding to each design phase-technical expertise, feasibility study/endorsement documentation, technical documentation D.T., technical project-P.T., details of execution D.E. -be drawn up and approved during or at the end of the execution of the works, in compliance with the opinions and agreements, and, where appropriate, of the administrative act of the competent authority for environmental protection. " 20. In Article I, after point 18, three new points are inserted, points 18 ^ 1, 18 ^ 2 and 18 ^ 3, with the following contents: "" 18 ^ 1. In Article 7, a new paragraph (16 ^ 1) is inserted after paragraph 16, with the following contents: " (16 ^ 1) Provisions of para. (16) shall also apply accordingly to the constructions referred to in art. 3 3 para. ((1) lit. b) which presents a public danger. "" 18 18 ^ 2. In Article 7, paragraph 20 is amended and shall read as follows: " (20) Institutions/Economic operators empowered/empowered by law to issue the opinions/agreements provided in art. 5 5 para. (1) have the following obligations: a) establish the framework content of the specific documentation necessary for the issuance of opinions/agreements, as well as the list of other necessary specific documents and conditions, which they make available to the public and public administration authorities skills on its website and display at the premises; b) issue the notices/agreements, within a maximum of 15 days from the date of registration of the complete specific application/documentation, under the sanction of applying the legal provisions on tacit approval, without other prior procedures. " 18 18 ^ 3. In Article 7, a new paragraph (20 ^ 1) is inserted after paragraph 20, with the following contents: " (20 ^ 1) Provisions of para. ((20) lit. b) are not applicable to the acts of authority issued by the competent authorities for the protection of the competent environment, namely the point of view and their administrative act, which are issued according to the legislation on the assessment public and private projects on the environment. "" 21. In Article I, paragraph 19, paragraph 21 of Article 7 shall be amended and shall read as follows: "(21) The building permit and its annexes shall be of a public nature and shall be made available to the public for information on their website of the authority of the issuing public administration or by display at its premises, as the case may be." 22. In Article I, after paragraph 19, a new point is inserted, paragraph 19 ^ 1, with the following contents: "" 19 ^ 1. In Article 8, a new paragraph (3) is inserted after paragraph 2, with the following contents: " (3) By exemption from the provisions of art. 2 2 para. (2 ^ 1), for the issuance of the authorization to abolish works/constructions it is not necessary to issue the point of view of the competent authority for the protection of the environment or its administrative act. "" 23. In Article I, paragraph 20, the introductory part of paragraph 1 of Article 9 shall be amended and shall read as follows: "" Art. 9. -(1) Technical documentation-D.T. and technical projects shall be developed by specialized technical teams, shall be appropriated and signed by technical staff with superior training only in the field of architecture, urbanism, constructions and construction installations, as follows: ". 24. in Article I, paragraph 22, letter h) of paragraph 1 of Article 11 shall be amended and shall read as follows: " h) repair works, replacements or rehabilitation without modification of the quality and architectural form of the facade elements, if these works do not perform at the constructions provided in art. 3 3 para. ((1) lit. b), as follows: 1. interior and exterior finishes-plasters, plywood, the like; 2. sidewalks, retaining walls or access stairs; 3. energy rehabilitation works of the tire and/or roof-if its constructive system does not change, namely terrace/roof-to individual living buildings with no more than 3 levels, which are not historical monuments classified or in the course of ranking, respectively located outside the areas of protection of monuments and/or protected built areas established according to the law; ". 25. In Article I, after paragraph 22, a new point is inserted, paragraph 22 ^ 1, with the following contents: "" 22 ^ 1. In Article 11 (1), a new point (m) is inserted after point l), with the following contents: "m) non-structural provisional subdivision work." " 26. In Article I, after paragraph 23, two new points are inserted, points 23 ^ 1 and 23 ^ 2, with the following contents: "" 23 ^ 1. In Article 24 (1), a new point (d) is inserted after point c), with the following contents: "d) refusal to issue the urbanism certificate." 23 23 ^ 2. Article 24 (2) is amended and shall read as follows: " (2) The offences referred to in par. (1) shall be punished with imprisonment from 3 months to 3 years or with a fine of 1,000 lei to 5,000 lei. "" 27. In Article I, paragraph 25 is amended and shall read as follows: "" 25. Article 26 (1), points g) and h) shall be amended and shall read as follows: " g) failure to announce the date of start of authorized construction works, in accordance with the provisions of 7 7 para. ((8); h) non-issuance of urban planning certificates within the period provided in art. 6 6 para. ((2), as well as the issuance of incomplete urbanism certificates or with erroneous data, which do not contain the list containing the necessary legal notices and agreements in relation to the investment objective, or their issuance an urban planning documentation or any technical documentation defining the purpose of the request, with exceeding the legal deadline, or unjustified refusal or conditioning the provision of public interest information provided in art. 6 6 para. ((1); ''. 28. In Article I, after paragraph 25, a new point is inserted, paragraph 25 ^ 1, with the following contents: "" 25 ^ 1. In Article 26 (1), after letter h) a new letter, letter h ^ 1) is inserted, with the following contents: " h ^ 1) non-issuance of building permits within the period provided for in art. 7 7 para. ((1); ''. 29. In Article I, after paragraph 26, a new point shall be inserted, paragraph 26 ^ 1, with the following contents: "" 26 ^ 1. In Article 26, paragraph 2 is amended and shall read as follows: " (2) Contraventions provided in par. (1), committed by natural or legal persons, shall be sanctioned with a fine as follows: -from 1,000 lei to 100,000 lei, those provided in lett. a); -from 3,000 lei to 10,000 lei, those provided in lett. f); -of 10,000 lei, those provided in lett. c); -from 3,000 lei to 10,000 lei, those provided in lett. b), d) and e); -from 5,000 lei to 30,000 lei, those provided in lett. h), h ^ 1) and i); -from 1,000 lei to 5,000 lei, those provided in lett. j) and k); -of 2,000 lei, those provided in lett. l); -of 1,000 lei, those provided in lett. g). "" 30. In Article I, after point 28, a new point is inserted, paragraph 28 ^ 1, with the following contents: "" 28 ^ 1. Article 27 (4) is amended and shall read as follows: " (4) The contraventions referred to in art. 26 26 para. ((1) lit. h), i) and j) are found and sanctioned by the control bodies of the State Inspectorate in Construction. "" 31. In Article I, point 30, Article 30 ^ 1 shall be repealed. 32. In Article I, after point 30, four new points are inserted, points 30 ^ 1, 30 ^ 2, 30 ^ 3 and 30 ^ 4, with the following contents: "" 30 ^ 1. In Article 33, paragraph 1 is amended and shall read as follows: "" Art. 33. -(1) By exception to the provisions of art. 32, constructions executed without a building permit on land belonging to the public or private domain of the state, as well as constructions, works and temporary arrangements executed on land belonging to the public domain or private of counties, municipalities, cities and communes will be able to be abolished administratively by the authority of the public administration within the administrative-territorial unit where the construction is located, without issuing an authorization abolition, without the complaint of the courts and at the expense the offender. " 30 30 ^ 2. Article 34 (1), (3), (4), (6) and (7) shall be amended and shall read as follows: "" Art. 34. -(1) Field studies and documentation elaborated for the realization of investments of any kind, of infrastructure elements, of communal household, as well as of landscaping and urban planning works-studies and projects Systematization elaborated before 1990 at the command of the former folk councils or other state institutions-are and remain public property of the county or municipalities, respectively of the city of Bucharest. ........................................................................................ ((3) Archives including the studies and documentation referred to in par. (1), entered, at the establishment, in the patrimony of the companies established on the structure of the former county design units and in Bucharest, shall be managed, according to the law, by the county councils or by the mayoralties Municipalities, respectively by the Bucharest City Hall. (4) The inventory of archives shall be made by commissions constituted for this purpose by decisions of the county, municipal and General Council of Bucharest. ........................................................................................ (6) In case of refusal of archival teaching, county, municipal councils and/or Bucharest City Hall, as the case may be, will address within 90 days the courts, which will settle applications in the emergency procedure, according to Law. The court action is exempt from stamp duty. (7) Access of natural persons or representatives of legal entities to archives containing the documentation provided in par. (1), as well as to the urban planning documentation elaborated subsequently to them and managed by the local public administrations, in order to draw up the technical documentation, is unhindered and is established by decision of the county council, municipal, respectively of the General Council of Bucharest Municipality. " 30 30 ^ 3. In Article 35, paragraph 2 is amended and shall read as follows: " (2) Against the minutes of finding and sanctioning the contravention can be made a complaint within 15 days from the date of delivery or communication thereof. The complaint suspends the execution of the penalty of the fine, but does not suspend the measure to stop the execution of works, ordered once with the application of the contravention sanction under 28 28 para. ((1) and of art. 29 29 para. ((2). The complaint also does not suspend the measure of abolition under art. 33 33 para. (1) of construction works carried out without authorization on land belonging to the public or private domain of the counties, municipalities, cities or communes or constructions, works and facilities of a provisional nature executed on land belonging to the public or private domain of the counties, municipalities, cities or communes whose term provided for by the authorization is expired, ordered under the conditions of art. 28 28 para. ((1). ' 30 30 ^ 4. In Article 40, paragraph 3 is amended and shall read as follows: "" (3) The quotas referred to in the preceding paragraphs shall be determined in proportion to the useful area of housing, holiday homes or areas with another destination in the building, as the case may be. "" 33. In Article I, paragraph 31, paragraph 2 of Article 42 shall be amended and shall read as follows: "" (2) The issuance of the building/abolition permit for the execution of intervention works in the first emergency for the safety of existing constructions, including related installations, which present public danger, regardless of destination, as well as works on places of worship or at historical monuments ranked or in the course of ranking, regardless of the owner, except those in which commercial activities are carried out, is exempt from the authorization fee. " 34. In Article I, after paragraph 31, a new point is inserted, paragraph 31 ^ 1, with the following contents: "" 31 ^ 1. Article 43 is amended and shall read as follows: "" Art. 43. -By exception to the provisions of art. 4, authorization of execution of construction works: a) with military character is made by the ministries and other specialized bodies of the central public administration concerned, based on procedures established together with the Ministry of Regional Development and Housing; b) related to the road transport infrastructure of national interest is made by the Ministry of Transport and Infrastructure, through the specialized direction, in compliance with the provisions of the law on certain measures of roads of national, county and local interest and of the methodological norms for its application. "" 35. In Article I, after paragraph 33, two new points are inserted, paragraphs 33 ^ 1 and 33 ^ 2, with the following contents: "" 33 ^ 1. In Article 45, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: "" (1 ^ 1) The authorities of the competent public administration may organize within the specialized structures the provision of services regarding obtaining, for a fee under the law, at the request of the applicant, the opinions and agreements necessary for authorization execution of construction works. " 33 33 ^ 2. In Article 45, paragraph 3 is amended and shall read as follows: " (3) The specialized structures established within the county councils provide specialized technical assistance, analyze and endorse applications submitted for the issuance of urban planning certificates and documentation for issuing permits. building from the competence of issuing mayors to communes and cities that have not yet constituted specialized structures, under the provisions of par. ((1) and (2), as well as of art. 4 4 para. ((1) lit. e), at their request. "" 36. In Article I, paragraph 34, paragraph 3 ^ 1 of Article 45 shall be amended and shall read as follows: " (3 ^ 1) By exception to the provisions of art. 4 4 para. ((1) lit. e), the presidents of the county councils can issue building permits for works in the area of competence of the mayors of communes and cities that have not yet constituted the specialized structures according to the provisions of par. ((1), in the limited term, at their request. " 37. In Article I, after paragraph 34, three new points are inserted, paragraphs 34 ^ 1, 34 ^ 2 and 34 ^ 3, with the following contents: "" 34 ^ 1. In Article 45, paragraph 6 is amended and shall read as follows: " (6) For the establishment of the data bank, all owners of technical-publishing networks, over-and underground, are obliged to transmit to the authorities of the county public administration, respectively of the city of Bucharest the cadastral plans comprising the routes networks existing on the territory of the county and localities, respectively of the city of Bucharest. These plans will be made by the county public administration authorities, respectively of the city of Bucharest at the disposal of all municipalities, cities and communes, respectively to the mayoralties of the sectors of Bucharest Administrative-territorial networks are located in the technical-publishing networks. " 34 34 ^ 2. After Article 47, a new article is inserted, Article 47 ^ 1, with the following contents: "" Art. 47 47 ^ 1. -Any other provisions contrary to this law shall be repealed. " 34 34 ^ 3. In Annex no. 1, the title and the introductory part shall be amended and shall read as follows: "" ANNEX No 1 CONTENT-FRAMEWORK of the technical documentation D.T. for authorisation of construction works Technical documentation-D.T. for the authorization of the execution of construction works shall be elaborated by authorized designers, natural or legal persons, under the provisions of art. 9 of this law and, after the unchanging view, develops in the technical project prepared according to the legal provisions in force, in accordance with the requirements of the urbanism certificate, with the content of the opinions, agreements, the authority for the protection of the competent environment, as well as, where appropriate, of its administrative act, as required by the urbanism certificate. Technical documentation-D.T. for the authorization of the execution of construction works shall be drawn up for: -authorization of execution of construction works-D.T.A.C.; -authorization of the execution of the abolition works-D.T.A.D.; -authorization of execution of works organization-D.T.O.E. The framework content of the technical documentation-D.T. for the authorization of the execution of construction works includes the opis of written and drawn parts, necessary to be presented for authorization. "" 38. In Article I, after paragraph 38, three new points are inserted, paragraphs 38 ^ 1, 38 ^ 2 and 38 ^ 3, with the following contents: "" 38 ^ 1. In Annex no. 1, subsection 2.2 of the list I "Written parts" of section B "Project for the authorization of the execution of the abolition works-P.A.D." is repealed. 38 38 ^ 2. In Annex no. 1, the title and the introductory part of section C are amended and shall read as follows: "" C. Technical documentation for organizing the execution of works-D.T.O.E. The technical documentation for the organization of the execution of the D.T.O.E. works is necessary in all cases where an investment is made and it is usually presented together with the technical documentation for the authorization of the execution of the construction works, in the law. The technical documentation for the organization of the execution of the works must include the description of all provisional and necessary provisional works in order to ensure the investment execution technology, both on the land related to the investment and on spaces temporarily occupied outside it, including those on the public domain, as follows: ". 38 38 ^ 3. In Annex no. 1, subsection 2 "Memory" of the list I "Written parts" of section C "Technical documentation for the organization of the execution of works-D.T.O.E." is amended and will read as follows: "" It will include: -description of the provisional works: organization of the premises, the location of constructions, furnishings and deposits of materials; -insurance and procurement of materials and equipment; -providing provisional connection to the urban utility network in the site area; -details of the accesses and fencing; -details on the protection of work. "" 39. In Article I, paragraph 41, the definitions "Technical documentation-D.T." and "Documentation for the authorization of the execution of construction works" from Annex no. 2 is amended and shall read as follows: "" ● Technical Documentation-D.T. Simplified technical documentation that presents the essential technical elements necessary for the issuance of the building/abolition authorization and establishing the main coordinates regarding the classification in approved urban indices, the location constructions and their relations with the neighbourhoods, the schemes and functional flows, the spatial composition, the structure of resistance, the expression of architecture, the equipping and equipping of constructions-including the insurance, branching and connection solutions to them at the edilitary infrastructure, as appropriate. After the issuance of the building permit, the technical documentation-D.T. develops in the technical project-P.Th. and constitutes an integral part of it, respectively of the execution details, being forbidden to modify the provisions of the technical documentation- D.T., under penalty of building permit nullity. The framework content of the technical documentation-D.T. is set out in Annex no. 1 to the present law. ● Documentation for the authorization of construction works All the documents provided in art. 7 7 para. ((1) of the law that constitutes the file to be submitted to the local public administration authorities provided for in art. 4 4 in order to issue the building permit. ' 40. In Article I, after paragraph 41, four new points are inserted, points 41 ^ 1, 41 ^ 2, 41 ^ 3 and 41 ^ 4, with the following contents: "" 41 ^ 1. In Annex no. 2, the definition "Law on execution of construction works" is amended and will have the following contents: " ● Law on the execution of construction works The right to the construction and/or land that gives the holder the right to obtain, according to the law, from the competent authority, the building/abolition authorization: 1. main real law: right of property, use, usufruct, superficie, servitude (acquired by: contract of sale-purchase, exchange, donation, certificate of heir, administrative act of restitution, court decision); 2. right of claim acquired by: contract of assignment, concession, concussion, tenancy. The issuance of the building permit under a contract of convenience/lease may be made only for temporary constructions and the express agreement of the rightful owner. " 41 41 ^ 2. In Annex no. 2, the definition of "Construction related installations" is amended and will read as follows: " ● Construction related installations The totality of the equipment that provides the utilities necessary for the construction operation, located inside the property limit, from connection/connection to users, whether or not they are incorporated under construction. Installations related to construction shall be authorised together with them or, where appropriate, separately. '; 41 41 ^ 3. In Annex no. 2, according to the definition "Impressions" is introduced a new definition, "Playgrounds and leisure", with the following contents: " ● Playgrounds and leisure Specific constructions for entertainment, recreation and sport for the population. " 41 41 ^ 4. In Annex 2, the definition of 'amending works' is amended and shall read as follows: " ● Change works Works of interventions on constructive, structural and/or non-structural elements, having as effect the total or in part modification of them. The modification works can be: a) structural modification works, which are mainly part of the consolidation, overflow and/or extension works of the construction; b) non-structural modification works, of which are mainly the works of interior design and light repartitions, which do not significantly affect the structure of the construction resistance and for which the opinion is necessary prior to an authorised designer. For the execution of the modification works, except for the provisional, non-structural subdivision works, it is necessary to issue a building permit under the law and in compliance with the legal provisions on quality in construction. "" 41. in Article II, after paragraph 1, a new paragraph (2) is inserted, with the following contents: "(2) Throughout the law, the phrase" technical verifier "is replaced by the phrase" project verifier "." 42. Article VII is amended and shall read as follows: " Art. VII. -The methodological norms for the application of Law no. 50/1991 authorising the execution of construction works, approved by Order of the Minister of Transport, Construction and Tourism No. 1.430/2005 , published in the Official Gazette of Romania, Part I, no. 825 and 825 bis of September 13, 2005, amended and supplemented by the Order of the Minister of Regional Development and Housing No. 119 of 26 February 2009, published in the Official Gazette of Romania, Part I, no. 193 of March 27, 2009, will be updated within 90 days from the date of publication of the present law in the Official Gazette of Romania, Part I. " 43. Article VIII shall be repealed. + Article II Transmission to the authorities of the county public administration, respectively of the city of Bucharest of the cadastral plans including the routes of the existing networks, by all owners of technical-urban networks, over-and underground, according to provisions art. 45 45 para. ((6) of Law no. 50/1991 on the authorization of the execution of construction works, republished, with subsequent amendments and completions, will be made within 60 days from the date of entry into force of this Law. + Article III On the date of entry into force of this Law, lit. d) a art. 48 48 of Law no. 422/2001 on the protection of historical monuments, republished in the Official Gazette of Romania, Part I, no. 938 938 of 20 November 2006, and art. II and III of Government Emergency Ordinance no. 228/2008 for the modification and completion of some normative acts, published in the Official Gazette of Romania, Part I, no. 3 3 of 5 January 2009. + Article IV This law shall enter into force 90 days from the date of publication in the Official Gazette of Romania, Part I. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (1) of the Romanian Constitution, republished . CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE p. SENATE PRESIDENT, ALEXANDER PERES Bucharest, July 7, 2009. No. 261. ----