Building Permit

Excerpt from Law no. 453/2001 for amending and supplementing Law no. 50/1991 regarding the authorization of the execution of the construction works and some measures for the realization of the houses

ARTICLE 40


Definition
 

(1) The authorization of construction / cancellation is the act of authority of the local public administration - county, municipal, city or municipal, based on which construction works can be performed (according to the provisions of art. 2 of the Law) and on which the application is ensured legal measures regarding the location, design, execution and operation of the investment objectives, respectively for the decommissioning of constructions and developments.

 

(2) The authorization of construction / cancellation shall be elaborated on the basis and in compliance with the provisions of the urban planning documentation and of the spatial planning plans, approved according to the law, of the requirements imposed by the urban planning certificate, as well as of the opinions / agreements expressed.

 

(3) The construction / cancellation authorization shall be issued for the categories of works specified by the applicant in the authorization application, established in accordance with the provisions of the Law and detailed in the Annex to the request for the issuance of the construction / cancellation authorization - model form F.9.

 

(4) In the conditions of the Law, no provisional authorizations are issued or, subject to the subsequent fulfillment of some requirements regarding the documentation submitted (obtaining opinions and agreements, completions or modifications in the written and drawn pieces, etc.), except in the cases provided in art. 6 paragraph (13) of the Law.

 

(5) The building permit for the provisional constructions shall specify the term for which the provisional is granted, as well as the consequences arising from its termination.

 

ARTICLE 41
 

Applicant for the construction / cancellation authorization
 

(1) The applicant for the construction / cancellation authorization may be any natural or legal person who holds a title to the building, attesting the right of ownership (sale-purchase contract, exchange, donation, heir certificate, administrative document of restitution, court decision, etc.), or a concession contract, assignment contract, commodity contract, or lease agreement (only for provisional constructions, with the express agreement of the rightful owner).

 

(2) The request for the issuance of a construction / cancellation authorization can be made either directly by the owners of the title on the building or by investors, or through a power of attorney, designated in accordance with the law, which may be the consultant, the designer, any other natural person or a authorized legal person, who has as object of activity the management or the design of the construction works.

 

(3) If the local public administration authorities associate, finance or achieve public interest objectives on lands owned by counties, municipalities, cities and communes:

a) for the public domain it is necessary the proof of its registration in the inventories of the goods that make up the approved public domain, according to the provisions of Law no. 213/1998 regarding the public property and its legal regime, as well as in the Land Book;

b) for the private domain, proof of its registration as a private good in the Land Book is required.

(4) The procedure for land registration is established by the Law on cadaster and real estate advertising no. 7/1996, as subsequently amended, and in its implementing acts, issued by the National Office of Cadaster, Geodesy and Cartography.

 

ARTICLE 42
 

Submission of documentation
 

(1) In order to obtain the construction / cancellation authorization, the applicant must address the authority of the local public administration that issued the urban planning certificate and submit a documentation containing all the documents specified in art. 17 of the present methodological norms.

 

(2) Once the application for the issuing of the building / cancellation authorization has been submitted, the applicant, holder of a title to the building, will present a declaration on his own responsibility, stating that the building - land and / or construction - is not the subject to a litigation before the court. In the absence of this declaration, the documentation is not accepted at the authorization and is immediately returned to the applicant.

 

(3) The presented documentation will be taken over and registered at the counter of the issuer who will communicate to the applicant and the amount of the fee for issuing the authorization, calculated according to the provisions of art. 69, 71 and 72 of the present methodological norms, the latter having the obligation to pay it immediately.

 

ARTICLE 43
 

Verification of the content of the submitted documentation
 

(1) The specialized structures organized within the county councils, the Bucharest City Hall and the mayors of the municipalities, the sectors of the Bucharest municipality and the cities, as well as the person with responsibility in the field of urban planning, spatial planning and authorization to perform the construction works within the municipal mayors have the obligation to check that the documentation is complete, finding that:

  • the request is addressed to the authority of the local public administration empowered, according to the law, to issue the authorization;

  • the application form and the appendix are duly completed;

  • the urban planning certificate is valid, and the purpose of its issuance coincides with the object of the request for authorization;

  • there is evidence of the title of the applicant on the land and / or constructions;

  • there is a declaration regarding the non-existence of a litigation regarding the building in the court role;

  • the project for authorizing the execution of the construction works - P.A.C. or cancellation - P.A.D., as the case may be, is complete and in accordance with the provisions of annex no. 1 to the Law, as well as to the present methodological norms;

  • there are the completed technical sheets and the necessary documentation for issuing the notices and agreements within the competence of obtaining the issuer;

  • there are favorable opinions and agreements or studies, as the case may be, required by the urban planning certificate, other than those necessary to issue the single agreement;

  • there are the project verification reports and, where appropriate, the technical expertise reports;

  • there is proof of payment of the legal fees necessary to issue the opinions and the constitutive agreements of the single agreement, required by the urban planning certificate, calculated according to the provisions of art. 73 of the present methodological norms, as well as the fee for issuing the construction / cancellation authorization.

 

(2) If the documentation submitted is found to be incomplete, it shall be returned to the applicant within a maximum of 5 working days from the date of registration, with a written mention of the deficiencies and the elements necessary to complete it. In this case the legal term of maximum 30 days for issuing the authorization starts from the date of submission of the complete documentation.

(3) In the case of presenting a complete documentation, the technical files and, as the case may be, the documentation for opinions, which are within the competence of obtaining the authorization issuer, shall be sent immediately to the bodies provided by Law and mentioned in art. 45 of the present methodological norms, through the care of the specialized structure.

(4) The responsibility for issuing an authorization on the basis of a superficial or biased verification is equally the responsibility of both the signatories of the authorization and the work manager within the specialized structure that has verified the documentation.

(5) The fee for the authorization is not refunded in the case of the return of the documentation, according to the provisions of par. (2), to be used for issuing the authorization in case of submission of complete documentation.

ARTICLE 44

 

Obtaining opinions and agreements within the competence of the issuer
 

(1) In order to issue the single agreement, in addition to the urban utilities notices, the issuer has the obligation to obtain the opinions and agreements regarding the prevention and extinguishing of fires, civil defense, environmental protection and population health.

 

(2) The opinions and agreements provided in par. (1) shall be issued by the decentralized institutions, according to the law, on the technical data sheets specific to each endorser, completed and submitted by the applicant to the issuer of the construction / cancellation authorization, as follows:

a) the documentation for the opinion on the prevention and extinguishing of fires will be prepared in accordance with the provisions of art. 10 of the Order of the Minister of Interior no. 791/1998. The categories of works that are subject to the authorization for fire prevention and extinguishing are listed in the Government Decision no. 571/1998. The documentation will have to contain the standard application in two copies, the opposite with the specification of the documents submitted in two copies, the urban planning certificate and the annexed plans aimed at unchanging, the technical documentation comprising written and drawn pieces, which include the prevention and extinguishing measures of the fire, the project verifier report for the quality requirement - fire safety (model form F.8.2). Upon the issuance of the PSI notice, the documents submitted, aimed at the change, are returned to the applicant, the issuer retaining a copy of the application, opis, opinion and, as the case may be, the one of the project verifier. The issued PSI notices lose their validity if within two years the execution works provided for in the technical documentation have not been started;

b) the documentation for requesting the civil defense notice shall be drawn up in accordance with the provisions of the Order of the Minister of National Defense no. M46 / 1997 and of the Decision of the Prime Minister of Romania no. 177/1999 for the approval of the Technical Norms regarding the design and execution of civil protection shelters in the basement of new buildings. The documentation will have to contain, in copy, the urban planning certificate and the annexed plans aimed at unchanging, of which the architectural plan of the lowest level and the characteristic section, in two copies, general technical memory and specialized technical memory (these two can be combined) - model form F.8.3;

c) the environmental agreement of the territorial inspectorate for environmental protection is issued for the works with environmental impact, provided in the annex no. II to the Law of environmental protection no. 137/1995, republished, as well as for works with low impact on the environment. The content of the related documentation on types of works / constructions is set out in the technical data sheet for obtaining the environmental agreement (model form F.8.4). In case of requesting the environmental agreement for works / constructions that require an impact study, the documentation presented will be accompanied by the opinion at the respective impact study, issued by the technical analysis team organized within the territorial inspectorate for environmental protection. In the case of requesting the water management notice, necessary to ensure the water resource, the applicant will address the competent territorial unit of water management, based on the provisions of the Water Law no. 107/1996, and the documentation presented will be accompanied by the respective opinion;

 

d) the documentation for the sanitary opinion shall be drawn up in accordance with the provisions of art. 9 of the Order of the Minister of Health no. 331/1999 for the approval of the Norms of sanitary approval of the projects of the objectives and of sanitary authorization of the objectives with impact on the public health. The documentation will contain the certificate of urban planning with the annexed plans aimed at unchanging, technical memory accompanied by parts designed to explain how to solve the functional circuits, the technological process, the supply of drinking water, the collection and treatment of waste water and liquid and solid waste, measures for combating pollution, for sanitary protection, for performing correct functional circuits, as well as, as the case, the registration certificate, the fiscal code, the final court decision, the company constitutive document, the authorization to exercise an independent activity (Form F form). 8.5). In order to approve the objectives with risk for the health of the population, an impact study on the health status, carried out by certified natural or legal persons, will be elaborated and submitted.

 

ARTICLE 45

 

Examination and approval of the documentation
 

(1) The examination of the submitted documentation, which is carried out by the specialized structures, has as its object the provisions of the project for authorizing the execution of the construction works (CAP) or of the demolition (PAD), as the case may be, as well as the data included in the annex to the application and consists in examining how they are respected:

  • the data and conditions required by the urban planning certificate;

  • the regulations regarding the preparation and content of the project subject to authorization, as it results from the annex no. 1 to the Law, corroborated with the provisions of art. 23 of the present methodological norms;

  • the provisions regarding the ability of the designers to sign the documentation, according to the provisions:

    • art. 6 of the Law;

    • Law no. 184/2001;

  • the provisions regarding the verification of projects by the project verifiers certified according to Law no. 10/1995 and the Government Decision no. 925/1995 to ensure the quality requirements of the project;

  • the introduction of the conditions from the favorable opinions and agreements obtained, other than those necessary to issue the single agreement, as well as from the studies, as the case may be, required by the urban planning certificate.

 

(2) For the issuance of the unique agreement the documentation verified according to par. (1) is promoted for analysis and approval in the Single Agreements Commission.

 

(3) The approval of the documentation is made by the Commission of Single Agreements within maximum 15 days from the receipt of the documentation and comprises two stages:

a) Specialized analysis of the technical data sheets for urban utilities and for issuing opinions and agreements

At this stage, the members of the Commission of Unique Agreements (C.A.U.) have at their disposal for analysis the specific technical sheets and the project for the authorization of the construction works (P.A.C., P.A.D., P.O.E., as the case may be). At the request of the members of the Single Agreements Commission, the designer or consultant, as the case may be, is required to attend the issuer's headquarters where the Single Agreements Commission operates, in order to provide any additional elements necessary for the approval and / or to introduce the necessary corrections in the documentation.

b) Plenary analysis

At this stage the Single Agreements Commission is authorized to issue the single agreement, if it is found that all the requirements regarding:

- approval of the provision of urban utilities according to the framework content of the project for authorizing the execution of construction works;

- the requirements of the opinions / agreements given by the decentralized institutions, obtained through the issuer's care;

- the other agreements and opinions within the competence of the applicant.

In case the utility supplier / administrator cannot provide the required capacities (according to the technical data sheets and the project submitted for authorization), this fact will be motivated in writing. The utility provider / manager has the obligation to suggest in writing the means of resolution for the benefit of the investment.

 

(4) The work of the Commission of Single Agreements is headed by the chief architect or his replacement of law. The persons interested in promoting the authorization of the execution of the works can participate as guests.

 

(5) The single agreement, as well as the other notices and agreements extend its validity during the validity of the authorization (including the duration of execution included in the authorization) or in case of prolonging its validity.

 

(6) Based on the unique agreement and the opinion of the specialized structure, the construction / cancellation authorization may be drafted and issued.

 

(7) The approval procedure presented in this article shall be applied by:

- the county council, the City Hall of the Municipality of Bucharest, the mayor-ships of the sectors of the municipality of Bucharest, of the municipalities and the cities that have specialized structures;

- the county council, for the construction works within the competence of authorizing the mayors of communes, as well as the mayors of the municipalities and cities that have not constituted specialized structures.

 

(8) In case the mayors of the cities and municipalities do not benefit from specialized structures, but they manage some urban utilities (for example: water, sewerage, thermal energy, etc.), in order to obtain the unique agreement, they will take care to obtain the opinions. / the respective agreements at the local level and send them to the specialized structures within the county councils, following that the other opinions / agreements will be obtained at the county level from the administrators / providers of law.

 

ARTICLE 46

 

Issuance and management of the single agreement
 

(1) The single agreement is issued by the Single Agreements Commission.

 

(2) Through the secretariat of the Commission of the Single Agreements, all the documentation submitted for the issuance of the construction / cancellation authorization - which have been endorsed by the endorsers on the basis of the technical data sheets - shall be subject to the procedure of issuing the single agreement in the plenary of the Agreements Commission. Unique.

 

(3) The unique agreement shall be expressed by consensus in the plenary of the Commission for Unique Agreements, signed by the issuer of the building / cancellation authorization - the president of the county or mayoral council, as the case may be, - and shall be countersigned by the chief architect.

 

(4) The single agreement shall be drafted using the model form F.12, shall be filed together with the technical files containing the favorable opinions and shall be communicated, as the case may be, to the local public administration authority in whose territory the building is located.

 

ARTICLE 47
 

Drafting the construction / cancellation permit
 

(1) The building / dismantling authorization shall be drawn up by the specialized structure within the county, municipal or city public administration or, as the case may be, by the person with responsibility in the fields of urban planning, spatial planning and authorizing the execution of construction works within the municipal mayors, through completing the model form F.13.1-F.13.4, as the case may be, with the mandatory mention of the elements necessary for the concise description of the authorized construction works.

 

(2) By the construction / cancellation authorization the issuer may impose certain conditions for the period of execution of the authorized works, resulting from the application of the general and local norms, regarding:

a) the conditions of use of the public domain (access to the site area, stationing of machines, closing of public roads, temporary occupancy of public spaces, temporary passage or excavation in public spaces, deviations of the car or pedestrian circulation, protection of traffic, execution of roads provisional, use of advertising elements, etc.);

b) measures to protect the neighboring private properties;

c) measures of sanitary and social protection in case of accommodation of seasonal workers (execution of sheds, social groups, sanitary groups, endowments of all types in case of a greater number of workers, payment of additional services provided by the existing units, etc.);

d) environmental protection measures during the execution of the authorized works, as well as in the case of investments in areas that do not have utilities (in particular sewage, disposal and storage of household waste, etc.);

e) measures to prevent and extinguish fires.

 

(3) In the case of authorizing the execution of works for construction with a provisional character, at point 3 of the construction / cancellation authorization form (model form F.13.1-F.13.4) the issuer will make details regarding the obligations arising from the "provisional and limited life until ... ", including details on the termination of operation of the authorized objective.

 

(4) In case the typed form does not allow the registration of all the necessary mentions, they may be inserted in an annex to the authorization.

 

(5) The project for authorizing the execution of the construction works (PAC, PAD, POE, as the case may be) constitutes the control document of the authorization, the purpose of which is applied the stamp "VISITED TO CHANGE" (presented in model form F.16) on all written and drawn components. One copy shall be returned to the applicant with the authorization, and the second copy shall remain in the archive of the authorization issuer.

 

ARTICLE 48
 

Signing the construction / cancellation authorization

 

(1) According to the provisions of the Law, the authorization of construction / cancellation is signed by:

- the president of the county council, the general mayor of Bucharest or mayor, as the case may be;

- the Secretary General, respectively the Secretary;

- chief architect (where the position of chief architect is not established, it is signed by the person with responsibility in the field of spatial planning and urban planning from the own apparatus of the issuing public administration authority). The responsibility for issuing the construction / cancellation authorization lies with its signatories, according to the powers established according to the law.

 

(2) The lack of a signature shall entail the invalidity of the act.

 

(3) According to the provisions of art. 69, 70 and 116 of Law no. 215/2001, the powers to issue the authorizations by the president of the county council, the general mayor of Bucharest and the mayor cannot be delegated.

 

(4) In the absence of the legal signatories mentioned in par. (1) the authorizations for construction / cancellation are signed by their legal substitutes, authorized for this purpose, according to the legal provisions.

 

ARTICLE 49

 

Registration of construction / cancellation authorization
 

(1) The issuer of the construction / cancellation authorization has the obligation to establish a registry of the building / cancellation authorizations, in which they are entered in the order of issue, the authorization number having correspondent in the registration number of the application.

 

(2) The data on: the address of the building, the applicant's name and surname, the authorized works, the value of the authorized works, the duration of the execution and the term of validity of the authorization shall be entered in the Registry of records of the construction / cancellation authorizations.

 

(3) For the construction / cancellation authorizations issued under the conditions of art. 50 paragraph (2) and (3) of the present methodological norms, the public administration authorities have the obligation to organize their records.

 

ARTICLE 50
 

Issuance of construction / cancellation authorization
 

(1) The authorization of construction / cancellation shall be issued to the applicant, directly or by mail (with recommended letter with acknowledgment of receipt), within a maximum of 30 calendar days from the date of submission of the complete documentation.

 

(2) In case the authorization of construction / cancellation is issued by the president of the county council or by the general mayor of the municipality of Bucharest, a copy of it will be transmitted to the interested city hall.

 

(3) In case the authorization of construction / cancellation is issued by the mayor based on the opinion of the specialized structures of the county council, a copy thereof will be transmitted to the county council for science.

 

(4) In case the authorization of construction / cancellation is issued by the mayor of the sector of the municipality of Bucharest, a copy of it will be transmitted to science to the City Hall of the Municipality of Bucharest.

 

ARTICLE 51
 

Validity of the construction / cancellation authorization
 

(1) Through the construction / cancellation authorization the issuer establishes and enters in the form:

a) validity of the construction / cancellation authorization;

b) the duration of execution of the works.

 

(2) The validity of the construction / cancellation authorization consists of:

a) the time interval of no more than 12 months from the date of issuance, within which the applicant is obliged to start the authorized works;

b) in case of fulfillment of the condition specified in letter. a), from the announced date of the commencement of the works, the validity of the authorization extends throughout the duration of execution of the works provided by the authorization.

 

(3) The duration of the execution of the works, which represents the maximum physical time required for the actual accomplishment of the authorized construction works, is established by the issuer of the construction / cancellation authorization, based on the data entered in the application - respectively in the annex to it - according to the provisions of the project for authorizing the execution of construction works - CAP or termination - P.A.D., as the case may be. Depending on the public interest and the degree of complexity of the works, the issuer of the construction / cancellation authorization can reduce the duration of the execution of the works to the one requested by the documentation, with the consultation of the investor / beneficiary, the project manager, the designer or the consultant, as the case may be.

 

(4) In case of change of the investor during the execution of the works, the validity of the authorization of construction / cancellation shall be maintained, provided that the provisions of it continue to be respected, as well as the transcript of the documents conferring the right of construction (title on the building) on ​​behalf of the new investor. The other documents, the authorization of construction / cancellation, the notices, the agreements, as well as the documentation that were the basis for issuing the authorization belong to the new investor (owner) as a result of the effect of the title transfer on the building.

 

ARTICLE 52

 

Extension of validity of the construction / cancellation authorization
 

(1) In case the construction works were not started or were not executed in full within the terms established by the authorization of construction / cancellation according to the provisions of art. 51, the investor may request the issuing authority to extend the validity of the authorization.

 

(2) The extension of the validity of the construction / cancellation authorization shall be requested at least 15 days before the expiration of the term of validity and may be granted, according to the Law, only once for a maximum of 12 months.

 

(3) The granting of the extension of the validity of the construction / cancellation authorization shall be considered by its issuer, based on the examination of the application in relation to: the public interest, the complexity of the authorized works, the stage of execution of the works or the causes that have led to the non-observance of the terms stipulated in the authorization. The extension of the validity of the authorization of construction / cancellation is included in the original of the originally issued authorization, without the need to present other documentation. In this case, the issuer of the authorization has the obligation to communicate its decision to the applicant, within a maximum of 15 days from the submission of the application.

 

(4) The extension of the validity of the construction / cancellation authorization is the last term for the complete execution of the works.

 

ARTICLE 53
 

Loss of validity of the building / cancellation authorization.
Issuance of a new authorization

 

(1) The construction / cancellation authorization loses its validity by:

a) not to start the works within the validity period established by the authorization of construction / cancellation or not to finish them according to the execution time established by the authorization, if the extension of the validity of the authorization was not requested;

b) failure to complete the works within the period granted as an extension of the validity of the authorization;

c) modification of the conditions, data or content of the documentation that was the basis for issuing the authorization.

 

(2) In the situations provided in par. (1) it is necessary to issue a new construction / cancellation authorization.

 

(3) In the case of non-completion of the works within the period granted by extending the validity of the construction / cancellation authorization, the continuation of the remaining works to be executed may be made only after the issuance, under the law, of a new authorization of construction / cancellation, corresponding to the physical stage of the accomplishment. the works authorized at the date of the request, for the remaining construction works to be executed in relation to the project and the approvals that were the basis for issuing the initial authorization. In this case, the authorization fees will be calculated according to the value of the remaining works to be executed.

 

(4) In case the validity of the building permit (including its extension) has expired, for the issuance of a new building permit (in order to complete the remaining works to be executed), the validity of the urban planning certificate, as well as the opinions and agreements issued at the first authorization is maintained, provided the construction is completed in accordance with the provisions of the initial authorization.

 

(5) In case of interruption of the execution for a long period (beyond the validity limit of the authorization of construction / cancellation), without taking the conservation measures, according to the legal provisions in force, the continuation of the remaining works to be executed can be done only after the issuance of a new one building / dismantling authorizations, which will be based on a technical documentation drawn up in accordance with the conclusions of the Technical Expertise Report of the executed works, according to the legal provisions in force regarding the quality in constructions.

 

ARTICLE 54

 

Ensuring the public character

 

(1) The list of building / dismantling authorizations, completed with elements of identification of the building, is public in character and is displayed at the issuer's premises.

 

(2) The list shall be displayed monthly at the issuer's premises and shall include the enumeration of the building / cancellation authorizations issued in the previous month (in the order of issue), with the mention of the addresses of the buildings (or other means of identification), of the names and surnames of the applicants, as well as of the purpose for which they were released.

 

(3) The content of the technical documentation, the urban and territorial planning documents, as well as the other urban regulations that were the basis for issuing the construction / cancellation authorizations may be consulted exclusively at the issuer's premises and only by those who can prove it. that they are directly interested or potentially affected by their provisions, based on a regulation approved by the issuing authority.