Certificate of Urbanism
Extract from the Methodological norm for applying Law no. 50/1991 regarding the authorization of the execution of the construction works, republished, with the subsequent amendments and completions as per Order 839 from 12 October 2009
(1) The urbanism certificate is the information act by which the applicant is made known the elements regarding the legal, economic and technical regime of the building, the characteristics of the area in which the building is located (the location), the urban requirements to be met, as well as the list of opinions. and the necessary agreements to authorize the execution of construction works.
In the absence of the general cadastre, respectively of the Land Book information, through the urbanism (2)certificate the issuer guarantees only regarding the information regarding the legal, economic and technical regime of the building, results from P.U.G. approved, according to the law.
(3) For the same plot (building) may be issued certificates of urbanism to several applicants, regardless of their quality in relation to the property on the plot. In this case, the certificates of urbanism will have the same content of informational character (regarding the legal, economic and technical regime of the building) for all the applicants.
Applicant for the urbanism certificate
The applicant for the urbanism certificate can be any natural or legal person interested in knowing information about a building - land (1)and / or constructions.
For the issuance of the urbanism (2)certificate it is not necessary for the applicant to hold a title on the building, the document being for information purpose, except in the cases provided for in art. 16 paragraph (1) of the present methodological norms, regarding the extract of Land Book.
The urbanism certificate is drawn up in accordance with the provisions of the urban planning documentation (PUG, PUZ, PUD (1)and RGU) or of the spatial planning plans (PATN, PATZ, PATJ), approved according to the law, for the territory in which the building is located , as well as other regulations in the field.
If the purpose stated by the applicant is to authorize the execution of the construction works, and the specificity of the objective (function, accessibility, neighborhood relations, etc.) does not fall within the provisions of the approved urban (2)and / or spatial planning documentation or if the particularities of the site (unbuildable surface due to prohibitions, easements or areas of protection of infrastructure, land reserves for investments of public interest, etc.) do not allow the investment to be made, the urbanism certificate is issued with the express mention of the incompatibilities resulted , as well as the impossibility of issuing a building permit for the proposed objective.
In special situations, depending on the specific conditions of location (the position of the land in the whole of the town or territory) (3)and / or the importance and complexity of the investment objective and if the provisions of the approved urban and territorial planning documentation do not provide sufficient elements necessary for the authorization or if a derogation is required from the provisions of the approved urbanization or spatial planning documentation, the issuer may request additionally, through the urbanism certificate:
a) elaboration of a zonal urban planning plan (P.U.Z.) or of detail (P.U.D.), as the case may be, following that, after approval, its provisions will be taken in the P.U.G. or P.A.T.J .; in the urban planning certificate it will be mentioned that the project for authorizing the execution of the construction works (P.A.C.) will be able to be prepared only after the approval of the urban planning documentation and with the compulsory compliance with its provisions;
b) completing, as the case may be, the documentation accompanying the application for the issuing of the building permit with the following studies, opinions, expertise:
specialized studies: traffic, history, landscape design, environmental impact;
opinions from the competent bodies for the areas on which a certain regime of protection or restrictions of construction has been established (protection of natural areas; protection of historical monuments; areas with air traffic; proximity of constructions and assemblies of military character; roads, electricity and electricity networks). telecommunications; buses for gas, oil products; railways and waterways; watercourses; weather stations; water sources and households, etc.);
(4) For works on existing constructions (repairs, consolidations, changes of destination of the interior spaces, etc.), if by these no modifications of urbanistic nature are brought to the buildings or if the new function is compatible with the urban planning regulations of the area, it is not necessary to draw up a zoning plan (PUZ) or detail plan (PUD), as the case may be.
Purpose of issuing the urbanism certificate
The urbanism certificate shall be issued for the authorization of the execution of the construction works and of the related installations, as well as for the cancellation of the (1)constructions.
(2) According to the provisions of the Law, the urban planning certificate is also issued for:
the award by tender of the design of public works in the "feasibility study" phase;
claims in court;
other purposes, when the operations in question require it.
The legal operations having as object the dismantling by lot or division, the joining or dismantling of plots, the constitution of (3)a easement of passage, as well as the alienation of a land destined for the constructions, are fulfilled only in authentic form and with the prior obtaining of the urbanism certificate. The legal operations mentioned above, carried out without observing these provisions, are null and void.
Submission of documentation
(1) In order to issue the urbanism certificate, the applicant must submit to the issuer the documents mentioned in art. 16 of the present methodological norms.
(2) The standard application for the issuance of the urbanism certificate (model form F.1) is obtained, at a cost, from the issuer and is completed with the requested data.
(3) When submitting the standard application, the issuer communicates to the applicant the amount of the tax required to issue the urbanism certificate, calculated according to the regulations in force (see art. 68 of these methodological norms), the applicant having the obligation to pay the tax immediately and to present the copy of on the payment document.
Check the content of the documentation
The verification of the content of the documentation submitted by the applicant for obtaining the urbanism certificate shall be carried out within the specialized compartments (structures) organized within the county council or the town hall, as the case may (1)be, if it is ascertained if:
the request is correctly addressed to the authorized issuer (the president of the county council, the general mayor of Bucharest or the mayor, according to the issuing powers established by the Law);
the standard application is completed correctly;
the identification elements regarding the applicant and the building are sufficient, according to the Specifications regarding the completion of the form "Application for issuing the urbanism certificate";
the purpose for which the urban planning certificate is requested is stated (declared);
there is the document for payment of the tax for issuing the urban planning certificate.
(2) The incomplete or irrelevant documentation regarding the elements of identification or of the declared purpose shall be returned to the applicant in order to recover, within 5 days from the registration of the application, with a written mention of the elements necessary for completion.
(3) In this situation, the deadline stipulated by the Law for the issue of the urban planning certificate (no more than 30 days) starts from the date of submission of the complete documentation.
(4) In the situation provided in par. (3) the collected tax is not refunded, to be used for the issue of the urbanism certificate after the submission of the complete documentation.
Drafting the urban planning certificate
(1) The urbanism certificate is drafted by the issuer, following the analysis of the application and the complete documentation, in full accordance with the real situation on the ground at the date of the request.
(2) The urbanism certificate is drawn up by the issuer, using model forms F.6.1-F.6.4 (corresponding to the issuing authority), making the necessary specifications regarding:
mention of the legal, economic and technical regime of the building;
framing / not framing the works in the provisions of the approved urban and territorial planning documentation and, depending on this, the possibility / impossibility of carrying out the works requested by request;
mentioning the opinions and agreements that must accompany the draft authorization, both those obtained locally by the issuer of the building permit, under the single agreement, and those obtained centrally and to be obtained through care applicant;
elaboration, as the case may be, of additional urban planning documentation, of type P.U.Z. or P.U.D., to justify the proposed urban solution or to modify the existing urban regulations for the location area, as the case may be, as mentioned in art. 29 paragraph (3) of the present methodological norms.
(3) The urban planning certificate shall be accompanied by the situation plan submitted by the applicant, on which the issuer shall mention the limits of the building plot, the compulsory withdrawals and other elements extracted from the urban documentation.
The information (4)known by the issuer, on the date of elaboration, regarding the legal, economic and technical regime of the building shall be entered in the urbanism certificate, as follows:
a) The legal regime:
the location of the building inside or outside it;
the nature of the property or the title to the building;
the easements that strike the building, the right of pre-emption, the area of public utility;
inclusion of the building in the lists of historical and / or nature monuments or in their protection area, as the case may be.
b) The economic regime:
the destination established by the approved urbanization and spatial planning plans;
regulations of the central and / or local public administration regarding the tax obligations of the investor;
other provisions resulting from the decisions of the local or county council on the area in which the building is located.
c) The technical regime:
information extracted from the urban planning documentation and / or the related regulations or the spatial planning plans, as the case may be, as well as in the situation where a special urban regime is established on the building (protected area, temporary or definitive building prohibitions); depending on the complexity and volume of the information, they may be presented in the annex to the urban planning certificate;
the regime of alignment of the land and constructions with the adjacent public roads;
the compulsory withdrawals and distances to the construction site as compared to the neighboring properties;
the maximum height of the constructions (total, cornice, ridge, as the case may be) and their volumetric characteristics, expressed both in number of levels and in real dimensions (meters);
the maximum percentage of land occupation (POT) and the maximum coefficient of land use (CUT), relative to the land area corresponding to the area of the plot that is the object of the request;
equipping with existing and necessary utilities (water, sewerage, gas, electricity, thermal energy, telecommunications, urban transport, etc.);
pedestrian and motor vehicle traffic, car access and necessary parking;
the minimum and / or maximum dimensions and surfaces of the parcels (in the case of parcelling projects);
elements regarding the volumetry and / or the general appearance of the buildings in relation to the neighboring buildings, as well as other provisions extracted from the urban planning documentation, from the local urban planning regulation, from the P.U.Z., P.U.D. or from the General Urban Planning Regulation, as appropriate;
the need to elaborate urban planning documentation of the type P.U.Z. or P.U.D., according to the provisions of art. 29 paragraph (3) of the present methodological norms.
(5) In order to issue the urbanism certificate, through the care of mayors who do not have their own specialized structures, the proposal (draft) of urbanism certificate will be drafted, for which they will necessarily request the opinion of the specialized structure organized within the council. county.
(6) By the urbanism certificate the issuer establishes the legal opinions and agreements necessary to authorize the execution of the construction works, including for organizing the execution of the works, as follows:
a) Notices and / or agreements obtained locally, through the care of the issuer of the authorization, based on the technical data sheets and which are included in the unique agreement for:
urban utilities, in order to approve the connection of the investment to the urban utilities necessary for its operation, including for organizing the execution of the works: water supply, sewerage, electricity supply, thermal energy supply, natural gas supply, telephone, sanitation, urban transport or other urban utilities, depending on their existence and the possible relationship with the investment;
fire prevention and extinguishing, civil defense, environmental protection and public health, as the case may be, based on the documentation of opinion prepared by the designer according to the legal regulations in force for each requirement.
b) Opinions and / or agreements obtained through the care of the applicant:
the necessary opinions for special situations, due to the special conditions of location or the functionality of the investment issued by: Ministry of Public Works, Transport and Housing, Ministry of Culture and Religious Affairs, Ministry of Tourism, Ministry of Health and Family, Ministry of Agriculture, Food and Forestry, Ministry Waters and Environmental Protection, Ministry of National Defense - General Staff, Ministry of Interior, Romanian Intelligence Service, National Company "Apele Romane" - SA, Romanian Civil Aeronautical Authority or other bodies of the central public administration or of their decentralized services, as the case may be, according to the legal provisions in force, depending on the possible relationship with the investment;
the technical expert's opinion for the Af quality requirement (the strength and stability of the foundation lands of the constructions and the land massifs), other than the project verifier for the Af requirement, for the part of the project regarding the excavation and infrastructure support works which requires the excavation of depths of 6.0 meters or greater;
the joint opinion of the Ministry of Public Works, Transport and Housing and of the Ministry of Culture and Religious Affairs, issued in the urban planning documents (PUZ or PUD) that include monuments, assemblies or historical sites, including their protection areas, will also be used for authorization execution of construction works;
the agreement of the State Inspectorate for Construction for:
the interventions on the constructions, determined by the necessity to eliminate the effects of the accidental (natural) actions, in order to bring them to a level corresponding to the quality requirements of the constructions (works of provisional supports, consolidations, total or partial reconstruction of the construction, etc.);
the interventions determined by human actions on the constructions, to be carried out on the basis of projects elaborated as a result of technical expertise, with a view to changing the destination, extending the service life, raising the level of the initial performances (transformations, completions or replacements of parts of construction, extension or overlaying, modernization or rehabilitation);
the opinion of the initial designer of the building or the technical expertise elaborated by a certified technical expert, in the case of the works that are executed on existing constructions;
the agreement of the neighbors (expressed in authentic form), which is requested in the following situations:
in the case of new buildings located adjacent to existing buildings or in their immediate vicinity, only if new construction works require intervention measures to protect existing buildings (subsidies, consolidations, etc.) and if this obligation is maintained through the project;
in the case of the placement of new constructions with functions other than those of the neighboring buildings and if by the nature of the activities sheltered by them, pollution of any kind (noise, noise, vibration, etc.) occurs;
for works aiming to change the destination of existing collective buildings or parts of them, as well as of spaces with another destination in the same building, if pollution of any kind occurs (nature, noise, vibration, etc.).
in the case of the interventions necessary for the consolidation and / or rehabilitation of the collective buildings of any kind (with several owners in the same building), in case some owners do not give their agreement, in order to speed up the authorization and start the consolidation works, without their agreement it may be supplemented by the decision of the homeowners association, adopted in accordance with the law.
(7) The issuer of the certificate of urbanism has the obligation to state the purpose of using the document, according to the declaration of the applicant.
If the purpose for which the certificate of urbanism certificate is requested does not fall within the provisions of the approved urban and territorial planning documents, it shall be issued with the mention of the resulting incompatibilities, including the (8)possibility / impossibility of achieving the investment objective.
(9) The urbanism certificate is completed, using the model forms F.6.1-F.6.4, as follows:
for notarial transactions regarding the real estate movement, as well as in case of rejection of the application, the form is filled up to point 3 inclusive;
for the other situations, they are completed in full, except for the court application for which it will be completed according to its requirements.
(10) On the documents annexed to the urban planning certificate, necessary to identify the building, according to art. 32 of the present methodological norms, the model stamp "Annex to the Certificate of urbanism no. ..." presented in the model form F.15 is applied.
In order to authorize the execution of the works of (11)connections / connections, by the urbanism certificate will be requested: the execution project, the contract on which the works are executed, the tax for the occupation of the public domain, the opinion of the Public Domain Administration / Street Administration, the administrators' opinions / to the network providers, as appropriate, the opinion of the Network Coordination Commission (for extensions).
Signing of the urbanism certificate
According to the provisions of art. 5 paragraph (3) of the Law, the urban planning certificate is signed by the same authority empowered to issue the (1)construction / cancellation authorization:
the president of the county council, the general mayor of Bucharest or mayor, as the case may be;
the Secretary General, respectively the Secretary;
the 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 urbanism from the own apparatus of the issuing public administration authority). The responsibility for issuing the urban planning certificate lies with its signatories, according to the attributions established in accordance with the legal provisions in force.
(2) The lack of a signature shall entail the invalidity of the act.
In accordance with the provisions of art. 69 and 70 of Law no. 215/2001, since the delegation by the mayor and the president of the county council of the powers to issue the (3)authorizations is prohibited, analogously, in conjunction with the provisions of art. 5 paragraph (3) of the Law, these provisions also apply to the issuing of urban planning certificates.
(4) In the absence of the legal signatories mentioned in par. (1) the urbanism certificate is signed by their legal substitutes, empowered for this purpose, according to the legal provisions.
Registration of the urban planning certificate
(1) The issuer of the urbanism certificate has the obligation to establish a register of records of the urbanism certificates, in which they are entered in the order of issue, the number of the certificate having correspondent in the registration number of the application.
The data (2)on: the address of the building, the name and surname of the applicant, the purpose for which the urbanism certificate was issued, the fee paid and the validity of the urbanism certificate shall be entered in the Register of certificates of urban planning certificates.
(3) For the urbanism certificates issued under the conditions of art. 29 paragraph (3) and (4) of the present methodological norms, the public administration authorities have the obligation to organize their records.
Issuance of the urbanism certificate
The urbanism certificate shall be issued to the applicant directly or by post (with a recommended letter with acknowledgment of receipt), within a maximum of 30 calendar days from the date of registration of the application. In the case where the purpose of issuing the urbanism certificate is to obtain the authorization of (1)construction / cancellation, it will be accompanied by the forms of the technical files containing the elements of notice required for urban utilities and for the opinions of the decentralized public services of the ministries and of the other central bodies, organized in counties. or in the municipality of Bucharest, with a view to issuing the single agreement.
In the documents annexed to the urban planning certificate, the issuer has the obligation to inform the applicant about the legal fees required to approve the documentation for authorization. To this end, utility companies have the obligation, on the basis of a protocol concluded with the authority of the local public administration, to transmit to them the (2)amount of fees for opinions (by types of works and capacities - according to their own regulations), the payment method and the accounts in which they must be paid.
(3) In case the certificate of urbanism 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 science to the interested city hall.
(4) In case the urbanism certificate is issued by the mayor, based on the approval of the specialized structure of the county council, a copy of it will be transmitted to the county council for science.
(5) In case the certificate of urbanism is issued by the mayor of the sector of the municipality of Bucharest, a copy thereof will be transmitted to science to the City Hall of the Municipality of Bucharest.
Validity of the urban planning certificate
(1) The validity of the urbanism certificate represents the time interval granted to the applicant for its use for the purpose for which it was issued, according to the provisions of the Law.
(2) The issuer of the urbanism certificate establishes the term of validity for a period of time between 6 and 24 months from the date of issuance, according to:
the complexity of the investment and the urban characteristics of the area in which the building is located;
the purpose for which it was requested;
maintaining the validity of the provisions of the urban documentation and of the spatial planning plans, approved, for the requested building.
Extension of the validity of the urbanism certificate
(1) The extension of the validity of the urbanism certificate can be done by the issuer, at the request of the holder, formulated at least 15 days before the expiration, for a period of maximum 12 months.
(2) In order to extend the validity of the urbanism certificate, a standard application (according to the model form F.7) shall be completed and submitted to the issuer, accompanied by the urbanism certificate issued, in the original.
(3) The issuer may extend the validity of the urban planning certificate, once, with a maximum of 12 months, after which a new urban planning certificate will be required.
(4) Once the application for an extension of the validity of the town planning certificate is submitted, the applicant will prove the payment of the extension fee.
Ensuring the public character
(1) The list of urban planning certificates is public.
(2) The list shall be displayed monthly at the issuer's premises and shall include the listing of the urbanism certificates issued in the preceding month (in the order of issue), mentioning the addresses of the buildings (or other identification), the names and surnames of the applicants, as well as the purpose for which they were released.
(3) The documentation of urban planning and spatial planning, as well as the other urban regulations that were the basis for issuing the urban planning certificate, may be consulted at the request of the applicants for urban planning certificates.