Permits and agreements
Excerpt 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) In case the issuing of the urban planning certificate and the authorization of construction / cancellation is within the competence of the president of the county council, the favorable opinion of the mayor of the administrative-territorial unit in whose territory the building in question is located is necessary.
(2) The mayor's opinion is issued only once, to the urban planning certificate, and is valid:
a) only for the urban planning certificate, if the purpose declared by the applicant is for:
- notarial transactions regarding the real estate movement (sale-purchase, concession, assignment, dismantling, parcels, mergers, shares, succession, etc.);
- legal claims, etc .;
b) for the urban planning certificate and for the authorization of construction / cancellation, in the situation in which the purpose declared by the applicant is for authorizing the execution of the construction works or for awarding by tender the design of the public works.
(3) The president of the county council has the obligation to request the mayor's opinion within 3 days from the registration date of the application, using the model form F.2.
(4) The mayor will issue the opinion within 5 days from the receipt of the request, using the model form F.3.
(5) For the municipality of Bucharest, the information or approval procedure, as the case may be, is established by decision of the General Council of the Municipality of Bucharest according to the law.
The opinion of the specialized structure within the county council
(1) The approval of the specialized structure within the county council is compulsory in the cases in which the issuing of the urban planning certificate and the authorization of construction / cancellation is within the competence of the mayors:
- of communes (the building is located inside the component localities);
- of cities or municipalities, in the situation where within the city halls there are no specialized structures.
(2) The request for the issuance of the opinion of the specialized structure within the county council shall be submitted by the mayor, together with the project (proposal) of a certificate of urban planning or of an authorization of construction / cancellation, as the case may be, drafted by the person with responsibility in the field of urban planning and the planning of the territory within the town hall, within a maximum of 5 days from the date of registration of the applicant's request, using the model form F.4.
(3) The chief architect of the county, as head of the specialized compartment (structure), issues the opinion of the specialized structure, purpose for which he will use the model form F.11 and will apply the stamp of the county council (individualized for the position of head-architect) as follows:
a) for the certificates of urban planning, within maximum 10 days from the date of receiving the request;
b) for the authorizations of construction / cancellation, within a maximum of 15 days, together with the unique agreement.
Technical data sheets
(1) The technical data sheets are the documents containing the elements of opinion (according to the project data) - necessary for issuing the single agreement - on the basis of which the opinion of the administrators / utility providers, as well as of the decentralized institutions provided by the Law, as the case is issued.
(2) The technical data sheets completed by the designer shall be submitted to the issuer, together with the project for authorizing the execution of the construction works (PAC, PAD, as the case may be), in order to approve the supply of urban utilities (water, sewerage, electricity, gas, district heating, telecommunications , sanitation, urban transport, including for the restrictions imposed by the energy or technological transport networks in the site area), as well as for the prevention and extinguishing of fires, civil defense, environmental protection and population health.
(3) The model data sheets are presented in forms F.8.1-F.8.5.
(4) The finalization of the content of the "Datasheet" form specific to each domain is done through the care of the local public administration authority (the issuer of the authorizations) and of all the interested endorsers (the companies / regions that manage / provide the urban utilities from the area of the administrative-territorial unit), after as follows:
a) the technical data sheet for the approval of the provision of urban utilities (model form F.8.1) is defined as follows:
within 10 days from the date of publication of the present methodological norms the issuers will request to each endorser (supplier / administrator of urban utilities within the administrative-territorial unit) the finalization of the technical files, purpose for which they will send a copy of the technical-model sheet in order to view its completion;
within 10 days of receiving the endorsers will complete and finalize the technical data sheet by entering in the reserved fields of data and information of a general nature specific to the field, as follows:
- the legal basis applicable in the field;
- the content of the documentation to be submitted for approval,
- data on the approval fee (legal basis and method of payment);
after completing and finalizing, the endorsers will return the forms of the definitive technical sheets to the issuer, who has the obligation to multiply them and to make them available to the applicants, together with the urban planning certificate, for use in the design and preparation phase of the authorization;
b) the technical data sheets for approving the documentation on fire prevention and extinction, civil defense, environmental protection and population health (model forms F.8.2-F.8.5) will be sent to the approval institutions, through the issuer's care, in order to complete the content - their framework with other data and specific requirements (from the local level), after which they are returned to the issuer, who has the obligation to multiply them and make them available to the applicants, once with the urban planning certificate, for use in the design and preparation phase of the authorization.
(5) The forms of the technical sheets shall be made available to the applicants, at a cost, together with the urban planning certificate, only in the case where the urban planning certificate is required for the issuance of the construction / cancellation authorization.
(6) By the endorsement of the endorser representative in the Single Agreements Commission , in the "Urban Planning Certificate" phase, the finalized technical data sheets are completed in the fields marked with an asterisk (*) with the data and requirements corresponding to the specific investment (based on the elements contained in the request for the issuance of the urban planning certificate), corroborated with the conditions of assuring the urban utility in the location area (the specific characteristics of the urban utility that must be ensured by the project - specific conditions and / or restrictions imposed), which constitute prerequisites for the opinion. After completing the technical data sheets (for each urban utility), they are annexed to the urban planning certificate, the data contained constituting the theme elements necessary for the designer in order to prepare the chapters related to the technical project.
(7) For the authorization, the designer has the obligation to complete the technical data sheets, on his own responsibility, with the data of the project and according to the requirements of each contractor, as well as to attach them to the documentation for authorizing the execution of the construction works.
(8) For the approval, the administrators / providers of urban utilities, as well as the decentralized institutions provided by the Law will analyze the data entered by the designer in the technical data sheets and will issue their opinion with / without conditions, proceeding as follows:
a) in case the favorable opinion is expressed with conditions, the endorser will mention in writing the ways to solve them for the benefit of the investment;
b) in case one or more endorsers specify in the technical sheets conditions that may bring changes of solutions to the documentation submitted to the approval (which cannot be resolved within the legal term of analysis of the submitted documentation), it will be returned (with date and registration number) to the applicant (designer) for completion, in which case the deadline for issuing the construction / cancellation authorization will start from the moment the completed documentation is returned.
(9) At the request of the endorsers (administrators and / or suppliers of urban utilities, as well as the institutions provided by the Law), the content of the technical files related to their fields of activity will be able to be updated at their expense.
The unique agreement
(1) The unique agreement is the act of conformity of opinion, issued by the Commission of Unique Agreements (CAU), subordinated to the chief architect, summing up the favorable opinions and agreements - expressed in the technical data sheets - for the urban utilities, as well as those regarding the prevention and extinction. fire, civil defense, environmental protection and human health (obtained by local authorities).
(2) The single agreement shall be issued only on the basis of the favorable technical sheets.
(3) The construction / cancellation authorization may be issued on the basis of the single agreement.
(4) The unique agreement is also issued when the issuer of the construction / cancellation authorization is the mayor of the commune, city or municipality, which does not have specialized structures. In this situation, the unique agreement is issued by the president of the county council and by the chief architect of the county.
Opinions and agreements of the central bodies
(1) In the case of authorizing works on sites located in areas where, through the approved urban planning documentation, a certain type of restriction has been established, obtaining the opinions and agreements from the bodies - central or decentralized - that have imposed the restrictions is the obligation of the applicant. For this purpose, the applicant will submit the specific documentation to the issuers of the opinions or agreements, in due time for the analysis and issuance of the mentioned opinions and agreements, before submitting the authorization application, to be annexed to the documentation P.A.C./P.A.D./P.O.E., As the case may be.
(2) In the areas where a certain type of restriction has been established, according to the law, or if the nature of the investment imposes it, the central bodies or, as the case may be, their decentralized services issue opinions and / or agreements, as follows:
a) The Ministry of Culture and Religious Affairs issues:
- the joint opinion, together with the Ministry of Public Works, Transport and Housing, in case of authorizing the execution of works of any kind in buildings representing historical monuments and in those of their protection areas, included in the approved lists, according to the law;
- the opinion of the specialized commission for the authorization of the places of worship and their annexes;
b) The Ministry of Water and Environmental Protection, as well as the Ministry of Agriculture, Food and Forests, in the case of authorizing works in protected natural areas;
c) the Ministry of Public Works, Transport and Housing, in the case of authorizing the works in the safety and protection areas of the public transport infrastructures and in the areas related to the construction of communication routes;
d) Ministry of National Defense - General Staff, Ministry of Interior, Romanian Intelligence Service, in case of authorization of works located in the area of protection of special objectives;
e) other bodies managing another type of restriction.
(3) The State Inspectorate for Constructions, through the territorial inspectorates, issues the agreement for intervention works on existing constructions, according to the legal provisions in force.
(4) In order to obtain the opinions and agreements from the central bodies, expressly requested by the urbanism certificate, an obligation of the applicant, the applicant shall submit the specific documentation to the issuers of the opinions or agreements, in due time before obtaining them, before the date of submission of all the documentation for the purpose. authorizing the execution of the works.
(5) The institutions authorized by law to issue opinions and agreements in order to authorize the execution of the construction works have the obligation to issue them to the applicant within a maximum of 15 days from the date of registration of the application / documentation.