Important changes for the authorisation of construction works

The amendments introduced to Law no. 50/1991 (on the authorisation of construction works) through Law no. 7/2020 will have a significant impact, increasing the efficiency and simplifying the process of obtaining the necessary permits for the issuance of building permits.

The most important changes introduced under the new law include:

• The town planning certificate will now be issued within 15 working days (as opposed to 30 working days previously) of the date of registration of the application (which can also be submitted in digital format), while building permits for the execution of the preliminary works and those relating to the organisation of works, including connection to the water and sewer systems, will be issued no later than 30 days after the date of submission of the relevant documentation.
• In cases where works were either not started or not finished, a re-authorisation can be obtained without the need to issue a new town planning certificate by re-submitting the original documentation; this re-authorisation will be valid for a period equal to that of the original authorisation (in the case of works not started on time) or for a period equal to the original timeframe for completion of the works (where the interruption was not longer than the initial timeframe for completion of the works and the works begun but not completed were not subject to conservation measures).
• Natural persons with responsibility for the verification of the documentation and the drawing up/issuing of building permits are materially and/ or legally responsible for not complying with the terms provided in law, as well as for any ungrounded refusal to issue an authorisation for construction/ demolition works and/or a town planning certificate within the legal timeframe and on the basis of the correct documentation.
• The possibility of registration in the land book, based on a licence/ certificate relating to the erection of a building for which the construction works were carried out without authorisation, and where the 3-year limitation period for legal liability has been respected and the building meets the basic building quality requirements.
• In order to regularise construction works it is no longer necessary to obtain a building permit for the purposes of legalisation, but only the express order for the retention of the works, as issued by the public authority responsible for issuing the building permit, or the licence/ certificate pertaining to the construction of the building, which is issued based on a technical survey of the quality of the building works performed.
• If the desire is to demolish a building and build another in its place, then it is sufficient to obtain a single authorisation covering both the demolition and construction.
• Construction and demolition authorisations issued in violation of the legal provisions can be repealed by the administrative courts and the prefect pursuant to verification by the State Inspectorate for Constructions.

All of these changes can only help developers to begin the process of carrying out construction works as well as legalising structures built without a building permit.

Source: Law no. 7/2020 amending and supplementing Law no. 10/1995 on the quality of construction works and amending and supplementing Law no. 50/1991 on the authorisation of construction works, with entry into force on 11 January 2020.