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Law No. 197 Of 31 October 2016

Original Language Title: LEGE nr. 197 din 31 octombrie 2016

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LEGE no. 197 197 of 31 October 2016 on approval Government Emergency Ordinance no. 22/2014 to amend and supplement Law no. 50/1991 concerning the authorisation of construction works
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 874 874 of 1 November 2016



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 22 22 of 6 May 2014 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 353 of 14 May 2014, with the following amendments and additions: 1. The title of the emergency ordinance shall be amended and shall read as follows: " EMERGENCY ORDINANCE to amend and supplement Law no. 50/1991 authorising the execution of construction works and amending and supplementing Law no. 350/2001 on spatial planning and urbanism " 2. In Article I, before paragraph 1, six new points shall be inserted, with the following contents: "-Article 3 (1), point b) is amended and shall read as follows: " b) construction, reconstruction, extension, repair, consolidation, protection, restoration, conservation, as well as any other works, regardless of their value, to be carried out in all categories of historical monuments provided by law-monuments, ensembles, sites-including their annexes, identified in the same building-land and/or constructions, in constructions located in areas of protection of monuments and in protected built areas, established according to the law, or at construction with special architectural or historical value, established by approved urban planning documentation; " -Article 4 (1), point c) is amended and shall read as follows: " c) by the general mayor of Bucharest, for: 1. investments that are carried out on land that exceeds the administrative-territorial limit of a sector and those that are carried out in extravilan; 2. to the constructions provided in art. 3 3 para. ((1) lit. b); 3. modernization works, rehabilitation, extension of municipal urban networks, underground or surface urban transport, transport and distribution, for: water/canal, gas, electric heating, communications-including fiber optic, executed on public or private domain of the city of Bucharest, as well as modernization and/or rehabilitation works of streets, which are in the administration of Bucharest. " -Article 4 (2) and (3) shall be repealed. -In Article 6, after paragraph 1 ^ 1, a new paragraph (1 ^ 2) is inserted, with the following contents: "(1 ^ 2) In the case of sale or purchase of buildings, the urbanism certificate includes the information on the urban consequences of the legal operation." -Article 6 (6), point c) is amended and shall read as follows: "" c) for legal claims and notarial operations relating to the movement of real estate, where such operations have as their object: -the merger, namely the dismantling of land in/in at least 3 plots; -sharing or merging of plots requested for the purpose of construction and infrastructure works; -the establishment of a service of passage on a building. The mentioned legal operations, carried out in the absence of urbanism certificate, are hit by nullity The application of the urbanism certificate is optional when the operations of dividing or merging of plots are the object of the exit from the indivision, except for the situation in which the request is made for the purpose of carrying out construction and/or infrastructure works. " -In Article 7, after paragraph 1 ^ 5, a new paragraph (1 ^ 6) is inserted, with the following contents: " (1 ^ 6) By exception to the provisions of par. (1), at the justified request of the beneficiaries, the building permits shall be issued as a matter of urgency within up to 15 days. "" 3. In Article I, point 1, Article 7 ^ 1 is amended and shall read as follows: "" Art. 7 7 ^ 1. -(1) In order to issue the urbanism certificate, as well as the building permit for the execution of the construction works necessary to carry out the operation/geological prospecting and exploitation of oil and gas natural, as well as for the execution of construction works that concern the realization, development, modernization, refurbishment, rehabilitation and revision of national systems/transmission networks of electricity, natural gas and crude oil, gas, ethane, condensate, at the request of holders of licenses/permits/authorizations: a) by exception to the provisions of art. 6 6 para. ((4) and art. 7 7 para. ((1) lit. b), land that is not entered in the cadastre and land registry records can be identified by the number of tarla and plot, by title of property and minutes of possession, as well as by any other means of identification provided by law; b) by exception to the provisions of art. 7 7 para. ((1) lit. b), the building permit is issued, with the notification and granting of compensation/indemnity to the owners, under the law, based on any of the following documents: lease, license, concession agreement or agreement Oil. (2) For the execution of the construction works necessary to carry out the operations of geological exploitation/prospecting and exploitation of oil and natural gas, as well as for the execution of construction works concerning the realization, the development, modernization, refurbishment, rehabilitation and overhaul of national systems/transmission networks of electricity, natural gas and crude oil, gas, ethane, condensate by licence holders, authorizations and oil agreements, for which any of the following documents: the lease, the license, the concession agreement or the oil agreement takes place of title on the property for obtaining the building permit, it is necessary to submit by the beneficiary the following evidence regarding the fulfillment notification and indemnity/compensation obligations, as follows: a) the lease/agreement between the parties, the payment term of the allowances/compensation being 30 days after the conclusion of the lease/convention, if the owners are identified; b) proof of prior registration, in accounts opened on behalf of the holders of licenses, authorizations and oil agreements, of the amounts of money related to compensation, allowances, as the case may be, for those buildings, if the owners do not are identified; c) proof of prior record, at their disposal, within 60 days from the date on which they were notified to appear for the signing of the conventions, but did not appear or refused the conclusion of the convention, of the related amounts compensation/indemnities, if the owners are identified, but do not present themselves or refuse to conclude the convention. (3) The provisions of par. ((1) and (2) shall also apply where necessary, in order to carry out transport infrastructure projects, the relocation of utility networks (electricity distribution networks, natural gas, water, canal) and systems. national/electricity transmission networks, natural gas and crude oil, gas, ethane, condensate. (4) Upon termination of rental contracts, holders of licenses/permits/authorizations provided in par. ((2) have the obligation to reinstate in the previous state of the land which was the subject of these contracts, if the parties did not agree otherwise. 4. In Article I, after point 1, a new point is inserted, paragraph 1 ^ 1, with the following contents: "" 1 ^ 1. In Article 11 (1), a new letter, letter n) is inserted after point m, with the following contents: "n) the change of destination, only in the event that construction works are not necessary for which the law provides for the issuance of the building permit." " 5. in Article I, point 2, letter e ^ 1) of paragraph 1 of Article 26 shall be amended and shall read as follows: " e ^ 1) failure to comply with the obligation to reinstate in the previous state of the land that were the subject of rental contracts by the holders of licenses/permits/authorizations, provided in art. 7 ^ 1 para. ((2), when they are abolished. " 6. in Article I, point 3, the fourth indent of paragraph 2 of Article 26 shall be amended and shall read as follows: "-from 50,000 lei to 100,000 lei, those provided in lett. b), d), e) and e ^ 1); ". 7. In Article I, after point 3, six new points are inserted, points 3 ^ 1 to 3 ^ 6, with the following contents: " 3 ^ 1. In Article 37, after paragraph 2, two new paragraphs are inserted, paragraphs 2 ^ 1 and 2 ^ 2, with the following contents: " (2 ^ 1) Until the end of the works, partial reception minutes can be drawn up, stating the physical stage of execution, at the request of the investor and with the mandatory participation of the representatives of the State Inspectorate in Construction in the case of publicly funded investments. (2 ^ 2) It can be received as completed works carried out on the basis of different execution contracts, but having as object works authorized by the same building/abolition authorization. " 3 3 ^ 2. In Article 37, paragraph 5 is amended and shall read as follows: " (5) Constructions executed without a building permit or with non-compliance with its provisions, as well as those that did not perform the reception at the end of the works, according to the law, shall not be 3 3 ^ 3. In Article 37, a new paragraph (6) is inserted after paragraph 5, with the following contents: " (6) The ownership of the constructions is entered in the land register on the basis of a certificate of attestation, confirming that the construction was carried out according to the building permit and that there are minutes of reception at the completion of the works, or, as the case may be, of a certificate of attestation of construction, issued by the competent local public administration authority, confirming the current legal situation of the constructions and compliance with the provisions in matter and a cadastral documentation. " 3 3 ^ 4. In Article 41, a new paragraph (2) is inserted, with the following contents: " (2) The right of concession on the land is entered in the land register under the legal act by which the ownership of the construction was transmitted according to art. 40 40 para. ((1) and to this Article, even in situations where an administrative act with this object has not been issued, and in the legal act of transfer of the right of ownership, the transmission of the concession has not been expressly stipulated. " 3 3 ^ 5. In Annex no. 2, paragraph 1 of the definition "Law on execution of construction works" is amended and will read as follows: "1. as main real: right of property, right of administration, use, usufruit, superficie, servitude (acquired by authentic notarial act, certificate of heir, administrative act of restitution, court decision, law)." 3 3 ^ 6. In Annex no. 2, after point 1 of the definition "Law of execution of construction works", a new point is inserted, point 1 ^ 1, with the following contents: "" 1 ^ 1. as a concession having as object land in the public or private domain of the state or administrative-territorial units. "" 8. In Article I, point 4, point 2 of the definition "Law on the execution of construction works" in Annex no. 2 is amended and will read as follows: " 2. right of claim acquired by: contract of assignment, concussion, tenancy. The issuance of the building permit under a contract/lease contract can be made only for temporary constructions and the express agreement of the rightful owner. By way of exception, under a lease agreement concluded under the conditions of specific oil and natural gas legislation, by license holders/permits/permits with land owners within the operating perimeter, the may authorise including the execution of the construction works necessary for the operation of geological exploration/prospecting and exploitation of oil and natural gas other than temporary constructions, if those contracts explicitly include the consent of the owners construction works on these lands. " 9. After Article II, a new article is inserted, Article III, with the following contents: " Art. III. --Law no. 350/2001 on spatial planning and urbanism, published in the Official Gazette of Romania, Part I, no. 373 of 10 July 2001, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 29, paragraph 2 shall be amended and shall read as follows: " (2) The urbanism certificate must be issued for the auctioning of the works of design and execution of public works, as well as for the preparation of cadastral documentation of land dismantling located in the intravilan localities, in at least 3 plots, when the respective operations have as their object the realization of construction and infrastructure works. In the case of sale or purchase of buildings, any of the parts of the legal act shall have the possibility, according to ((3), to request the issuance of the urbanism certificate. " 2. in Article 29, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "" (2 ^ 1) In order to ensure the opposability to third parties of the urban planning rules, after approval by the decision of the local council of PUG and PUZ, the mayoralties are obliged to transmit the decision accompanied by documentation, in order to note in the land book the fact that the building is subject to these urban regulations. "" This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, October 31, 2016. No. 197. -----