The Contract
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AUTHORIZATIONS & APPROVALS

Before you start building

Congratulations! You have a plot of land and have decided to start building your dream house. The first step, before you start digging and laying down the foundation is sorting out the necessary paperwork. Here we will guide you through the authorizations, approvals, certificates and agreements required and where to get those from.

The most important step before building a house if getting a building permit, which will be issued by your local council/city hall. This is essential and no construction work can start without it. Building permits are approved by a qualified town planner and deal with the land use and ‘built form’ in accordance with the relevant planning legislation. Here are the documents you need for it:

The urban planning certificate (more info) is the public information document issued by the local public authorities through which the elements that characterize the legal, economic and technical regime of a building, established by the existing records and the urban planning documents and the spatial planning, are made known to the applicant.

 

The certificate is issued on the basis of the request submitted by the applicant according to the type form F.1, specifying the purpose, the elements for identifying the building (address, land book number, cadaster number).

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Required documents:

  • Cadaster sketch / area framing plan;

  • Fee payment receipt for issuing a Certificate of Urbanism - can be paid online at Ghiseul.ro;

  • Application for release of the Certificate of Urbanism - download form here.

 

Where:

  • local public authorities;

 

How long:

  • 30 calendar days.

The geotechnical investigation represents the first stage in the process of building or consolidating a property. This includes information on soil consistency and structure, groundwater level and recommendations for the technical project.

 

The soil samples collected from the wells are analyzed in the laboratory. Based on the results and observations from the field, a geotechnical report is generated, which, together with the survey sheets represent the documentation that is delivered to the client.

 

It is important to ask for a geotechnical study before buying a land in order to determine what you can build on that land.

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What it involves:

  • execution of one or more boreholes on the land on which the construction will be located;

  • taking soil and water samples (if applicable);

  • laboratory analysis of soil and water samples;

  • preparation of the geotechnical report and verification of the documentation by an authorized expert.

Information needed for the study:

  • the footprint of the building floor;

  • the surface of the land on which the house will be located;

  • the inclination of the terrain;

  • approaching the water field (lake, stream, river);

  • common walls with existing buildings;

  • height regime of the building (basement, basement, ground floor and number of floors);

  • the exact geographical location where the house will be built.

 

Where:

  • specialized laboratories / institutes.

The technical project and the details of execution (PT + DDE) represent the written and drawn documentation that is elaborated at the owner's request, on the basis of a contract, by specialized technical staff (architect, resistance engineer, installation engineer). The project contains all the information necessary for the construction.

 

 

The technical project is essentially the document on which the building permit is issued, the construction of the concerned construction is contracted and the technical details of execution regarding the structure of the house, the materials used, the duration and the estimated budget are drawn up.

 

 

This document is also necessary to obtain the opinions of the institutions that provide the utilities of a house.

 

plans

Necessary:

  • specifying the client's requirements (i.e. surfaces, arrangement of rooms on levels, orientation, etc.)


Where:

  • architect / office of architecture;

  • design institute / authorized designer;


The verification of the project is carried out by MLPTL certified verifiers (they cannot be the authors of the project) for different specialties (resistance, fire, safety in operation). With regard to single-family homes, only the reference of checking the resistance of the building is required in order to obtain the building permit. Exceptions are the buildings of reduced importance (maximum S + GF + 1E) in the rural area, for which the project verification is not mandatory.

The project for authorizing the execution of construction works (more info) is prepared by authorized designers, natural or legal persons and is extracted from the technical project drawn up according to the legal provisions in force, in accordance with the requirements of the urban planning certificate, with the content of the opinions and agreements required by this.

The project for authorizing the execution of construction works is prepared for:

  • authorizing the execution of the construction works - P.A.C .;

  • authorizing the execution of the cancellation works - P.A.D .;

  • authorizing the execution of the organization of works - P.O.E.

This project is necessary for obtaining the building permit, but not for the execution of the construction.

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Content:

  1. Written pieces: general motto, general and specialty reports, data on the investment, geotechnical study, reports for the verification of the project, sheets and technical documentation for obtaining the opinions.

  2. Drawings - general plans and specialized drawings:

  • architecture: plans of all levels, roof, facades, characteristic sections;

  • structure of resistance: foundations and details of foundations (for constructions having below 10 levels, it is not necessary to include the whole project of structure);

  • installations: the main parameters and the functional schemes;

  • technological equipment and installations.

 

Where:

  • architect / office of architecture;

  • design institute / authorized designer.

The site approval is the written response of the network operator (water, gas, sewerage, etc.) at the request of an applicant, specifying the point of view regarding the proposed location of the objective.

 

The permits and agreements (more info) required for obtaining the building permit are issued by specialized institutions. The opinions and agreements are mentioned in the urban planning certificate.

 

It is forbidden to issue the building permit without having taken all the notices mentioned in the urban planning certificate.

 

In some situations, through the urban planning certificate, to obtain the building permit, a unique agreement may be required, which is issued by the City Hall's Building Directorate after obtaining all the location permits.

 

Signing Contract

Necessary:

  • application form;

  • environmental technical data sheet;

  • urban planning certificate;

  • proof of the right of use;

  • situation plan, annex to the urban planning certificate - if it was requested for the urban planning certificate;

  • framing plan in the area - or cadaster plan (copy);

  • proof of payment of the initial approval fee.

 

Where:

  • Owners of networks and utilities: water, gas, sewerage, electricity, roads, sanitation;

  • State Inspectorate for Construction (I.S.C.);

  • Environment;

  • Population health;

  • Civil protection;

  • Fire fighting and prevention;

  • Telephone operators;

  • Romanian waters (Apele Romane).

The building permit (more info) represents the act issued by the local public authority, on the basis of which the applicant can carry out construction works. The building permit is issued by the Urban Planning Department within the City Hall / the sector in which the land is located.

The issuing authority of the building permit shall establish a validity period of no more than 12 months from the date of issuance and may be extended by a further 12 months, during which the applicant is obliged to start the works. In this situation, the validity of the authorization extends throughout the execution period of the works provided by the authorization, in accordance with the technical project.


Failure to start the works or not to finish them within the established deadlines leads to the loss of the validity of the authorization, being necessary to issue a new building permit. If the characteristics do not change from the initial authorization, a new building permit may be issued, without the need for a new urban planning certificate.

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Complete documentation for obtaining the Construction Authorization

 

The file is prepared according to the laws 50/1991 - Law on the authorization of construction works and 453 / 18.07.2001 (law that completes and brings changes to law 50/1991) and will include:

  • request for the issuance of the building permit completed with the identification elements and the technical data according to P.A.C .;

  • the document proving the title on the building, which gives the applicant the right to execute the construction works (in certified copy);

  • statement on his own responsibility regarding the non-existence of some disputes on the building;

  • urban planning certificate (in copy);

  • the plan of location of the land in the area (cadaster plans);

  • the project for authorizing the execution of the P.A.C. construction works, including the verification reports and, if applicable, the technical expertise report signed and stamped in the original;

  • the opinions and agreements required by the Urban planning Certificate (CU);

  • the document for payment of the fee for issuing the building permit (in copy);

  • the documents of payment of the legal fees for the necessary opinions and agreements.

 

Where:

  • the local town hall.

 

How long:

  • 30 calendar days from the date of registration of the application.

 

In case the documentation is incomplete, it is returned to the applicant (with the mention of missing elements).

 

The fee for issuing the construction permit, according to the new Fiscal Code, represents 0.5% of the value of the construction established on the basis of your declaration and depending on the surface area of the construction in the case of natural persons and 1% of the value of the construction works in the case of the persons legal. The declared value may not be less than the value determined according to the legal provisions in force regarding local taxes and duties. No one is exempted from paying the building permit. When the works are received, an authorization fee will be updated according to the actual or directly consumed costs. The building permit fee will be paid by the investment beneficiary when the file is submitted to the town hall. The estimated value for the construction works is that given by the designer. But there are many mayors that have a minimum value imposed below which the estimate cannot be made (which is not provided in law 50 and which has often been challenged in court).