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Writer's pictureHAUZ Co

House building permits and approvals

Updated: Apr 15, 2021


The most important step before the actual construction of a house is obtaining the building permit, which will be issued by the local council / town hall. This is essential and no construction work can begin without it. The construction permits are approved by a qualified urban planner and assume that the land use and the "built form" are in accordance with the relevant landscaping legislation. Here are the documents you need for this:



The Certificate of Urbanism (more) is the public information act issued by the local public authorities by which the applicant, natural or legal person, the elements that characterize the legal, economic and technical regime of a building, established by existing records and urban planning documentation and landscaping.


The certificate is issued based on the application submitted by the applicant according to the standard form form F.1, which specifies the purpose, the elements for identifying the building (address, land book number, cadastral number).

Cerere pentru emiterea certificatului de urbanism - formular tipizat model F.1

Necessary documents:

  • Cadastral sketch / plan for framing in the area - electronically signed attachment;

  • Receipt of the Urbanism Certificate issuance fee - can be paid online at Ghiseul.ro;

  • Application for issuing the Urbanism Certificate - download the form here.

Where:

Settlement period:

  • 30 calendar days.


 

2. Geotechnical study


The geotechnical study represents the first stage in the process of construction or consolidation of an objective. This includes information about the consistency and structure of the soil, the level of the groundwater table and recommendations for the technical project. Soil samples, collected after drilling, are analyzed in the laboratory. Based on the results and field observations, the geotechnical report is designed, which, together with the survey sheets, represent the documentation that is handed over to the client.


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



Involves:

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

  • soil and water sampling (if applicable);

  • laboratory analysis of soil and water samples;

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

Information required for the study:

  • the footprint of the construction;

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

  • the inclination of the ground;

  • the proximity of the water land (lake, stream, river);

  • common walls with existing buildings;

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

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

Where:

  • laboratories / specialized institutes


 

3. Technical Project (PTh)


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

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


Also, this document is necessary for obtaining approvals from the institutions that provide the utilities of a house.



Necessary:

  • specifying customer requirements (eg surfaces, layout of rooms on levels, orientation, etc.)

Where:

  • architect / architecture office;

  • design institute / authorized designer;

The verification of the project is performed by MLPTL certified verifiers (they cannot be the authors of the project) for different specialties (resistance, fire, safety in operation). Regarding the single-family homes, only the report to verify the resistance of the building is necessary in order to obtain the building permit. Exceptions are buildings of low importance (maximum B + G + 1F) in rural areas, for which it is not mandatory to verify the project.


 

4. Project for the authorization of the execution of construction works (PAC)


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


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

  • authorization to execute construction works - PAC;

  • authorization for the execution of demolition works - PAD;

  • authorization to execute the organization of works - POE.

The PAC is necessary for obtaining the building permit, but not for the execution of the building.



Content:

  1. Written parts: general estimate, general and specialty memoranda, data on investment, geotechnical study, reports for project verification, technical sheets and documentation for obtaining approvals.

  2. Drawings - general plans and drawings by specialties:

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

  • resistance structure: foundations and foundation details (for constructions with less than 10 levels, it is not necessary to include the entire structure project);

  • installations: main parameters and functional diagrams;

  • technological endowments and installations.

Where:

  • architect / architecture office;

  • design institute / authorized designer;


 

5. Approvals and location agreements


The location notice is the written response of the network operator (water, gas, sewerage, etc.) to the request of an applicant, which specifies the point of view of the location proposal of the objective.


Approvals and agreements for obtaining the building permit (more) are issued by specialized institutions. The approvals and agreements are mentioned in the urbanism certificate.


It is forbidden to issue the building permit without having taken all the approvals mentioned in the urbanism certificate.


In some situations, through the urbanism certificate, in order to obtain the building permit, a unique agreement can be requested, which is issued by the City Council's City Planning Department after obtaining all the location permits.



Necessary:

  • application form;

  • environmental data sheet;

  • urbanism certificate;

  • documents proving the right of use;

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

  • area classification plan - or cadastral plan (copy);

  • proof of payment of the initial approval fee.

Where:

  • Utilities companies: water, gas, sewerage, electricity, roads, sanitation;

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

  • Environment Authority;

  • Public Healthl

  • Civil Protection;

  • Fire fighting and prevention;

  • Telephone Operators;

  • Romanian Waters Authority.


 

6. Building Permit (AC)


The building permit (more) is the act issued by the local public authority, based on which the applicant can perform construction works. The building permit is issued by the Urbanism Service within the City Hall / sector in which the land is located.


The issuing authority of the building permit will establish a validity period of at most 12 months from the date of issuance and can be extended by another 12 months, during which the applicant is obliged to start the works. In this situation, the validity of the authorization extends over the entire duration of the execution of the works provided by the authorization, in accordance with the technical design.


Failure to start the works or their non-completion within the established deadlines leads to the loss of the validity of the authorization, being necessary the issuance of a new building permit. In the situation where the characteristics do not change compared to the initial authorization, it will be possible to issue a new construction authorization, without the need for a new urbanism certificate.




Complete documentation for obtaining the Construction Authorization

The file is drawn up according to laws 50/1991 - Law on the authorization of works in constructions and 453 / 18.07.2001 (law that completes and brings amendments to law 50/1991) and will include:

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

  • the document proving the title over the building, which would give the applicant the right to execute the construction works (in legalized copy);

  • statement on one's own responsibility regarding the non-existence of litigations on the real estate;

  • urbanism certificate (in copy);

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

  • the project for the authorization of the execution of the P.A.C. construction works, including the verification reports and, as the case may be, the technical expertise report signed and stamped in the original;

  • the approvals and agreements required by the Urbanism Certificate (CU);

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

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

Where:

  • local city hall.

Settlement period:

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

If the documentation is incomplete, it is returned to the applicant (mentioning the missing elements).


The fee for issuing the construction permit, according to the new Fiscal Code, represents 0.5% of the construction value established based on your declaration and depending on the area of ​​construction in the case of individuals and 1% of the value of construction works in the case of legal entities. The declared value may not be less than the value determined according to the legal provisions in force regarding local taxes and fees. No one is exempt from paying the building permit. Upon receipt of the works, an update of the authorization fee will be made according to the real costs or those directly consumed. The building permit fee will be paid by the beneficiary of the investment when the file is submitted to the mayor's office. The estimated value for the construction works is the one given by the designer. However, there are many mayors who have an imposed minimum value below which the estimate cannot be made (which is not provided for in law 50 and which has often been challenged in court).

 

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