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Law No. 148 Of 12 July 2016 Amending And Supplementing Law No. 50/1991 On Authorizing The Execution Of Construction Works

Original Language Title: LEGE nr. 148 din 12 iulie 2016 pentru modificarea şi completarea Legii nr. 50/1991 privind autorizarea executării lucrărilor de construcţii

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LEGE no. 148 148 of 12 July 2016 to amend and supplement Law no. 50/1991 concerning the authorisation of construction works
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 534 534 of 15 July 2016



The Romanian Parliament adopts this law + Article UNIC Law no. 50/1991 on the authorization of the execution of construction works, republished in the Official Gazette of Romania, Part I, no. 933 of 13 October 2004, as amended and supplemented, shall be amended and supplemented as follows: 1. in Article 1, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) By exception to the provisions of par. (1), the execution of special construction works, which is carried out on the basis of the treaties/agreements in force to which Romania is a party, shall be regulated by the implementing arrangements/technical agreements/agreements/memoranda of implementation of the respective treaties, adopted according to the legislation in force, provided that the technical documentation is approved according to the legislation in force. " 2. In Article 6 (1), the introductory part 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 and to art. 43 lit. a): " 3. In Article 6, paragraph 2 shall be amended and shall read as follows: " (2) The urbanism certificate is issued by the authorities empowered to authorize the construction works provided for in art. 4 4 and art. 43 lit. a) and shall be issued to the applicant no later than 30 days after the date of registration of the application, stating the purpose of issuing it. " 4. In Article 6, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The local public administration authorities have the obligation to grant within 15 days specialized technical support to the authorities provided in art. 43 lit. a) in the process of issuing the urbanism certificate, for the establishment of the urban requirements to be fulfilled according to the specificity of the site. " 5. In Article 6, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) For the authorities provided for in art. 43 lit. a), the urbanism certificate shall be signed by persons with responsibility in the field, designated by internal order of the head of the authority. " 6. in Article 7, after paragraph 13, a new paragraph (13 ^ 1) is inserted, with the following contents: " (13 ^ 1) By exception to the provisions of par. (13), the building permit, issued by the competent institutions to authorize the construction works of a special character according to art. 43 lit. a), shall be signed by the head of the issuing institution or by the person delegated by him, by the head of the specialized structure with powers regarding the authorization of the execution of construction works from the own apparatus of the issuing institution and of a the person within the specialist structure meeting the training requirements of the art. 36 ^ 1 of Law no. 350/2001 on spatial planning and urbanism, with subsequent amendments and completions, the responsibility of issuing it to the signatories, according to the duties established according to the law. " 7. In Article 7 (20), after letter b) a new letter, letter b ^ 1) is inserted, with the following contents: " b ^ 1) take the necessary measures for the legal management of classified information, contained in the documentation requested for the issuance of the opinions-agreements provided by the urbanism certificate issued by the institutions provided in art. 43 lit. a), including by establishing a specific framework content adapted to them, in compliance with the deadline provided for in lett. b); " 8. in Article 7, after paragraph 21, a new paragraph (21 ^ 1) is inserted, with the following contents: " (21 ^ 1) It is exempted from the provisions of par. (21) building permits for construction works of a special nature, if they fall under the regime of classified information. " 9. In Article 11, after paragraph (2), three new paragraphs are inserted, paragraphs 2 ^ 1 to 2 ^ 3, with the following contents: " (2 ^ 1) At constructions with special character having the destination of health facilities that are historical monuments, located in areas of protection of monuments and in protected built areas, established according to the law, can be executed without authorization construction works that do not change the structure of resistance and/or the architectural aspect of interior and exterior finishing constructions, repairs and replacements of interior and exterior joinery, if the shape is preserved, the dimensions of the gaps and joinery, repairs to roofs, coverings or terraces, when not change their shape and the materials from which they are executed, repairs and replacements to floors and interior installations. (2 ^ 2) In the case of historical monuments, the works provided in par. (2 ^ 1) only on the basis and in compliance with the obligation to use the historical monument, drawn up and issued according to the law. The obligation will be issued within 30 days of the request, non-compliance with the deadline creating the possibility of executing the works in the absence of (2 ^ 3) The Ministry of Culture will be notified before the start of the works provided in ((2 ^ 1) and will be able to verify their compliance with the law. " 10. In Article 43, letter a) is amended and shall read as follows: "" a) of a special nature, including those executed at the constructions provided for in art. 3 3 para. ((1) lit. b), is made by the institutions of the defense system, public order and national security, based on common procedures established together with the Ministry of Regional Development and Public Administration and the Ministry of Culture, under the law; " 11. Annex no. 2, the definition of "Special constructions" is amended and will read as follows: " ● Special constructions Constructions, facilities and installations that are authorized under the conditions provided in art. 43 lit. a), namely constructions, facilities and installations at military objectives, as well as those carried out in order to carry out the tasks specific to the institutions in the field of defense, public order and national security, held with any title by them. " This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
p. CHAMBER OF DEPUTIES PRESIDENT,
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, July 12, 2016. No. 148. -------