4. May 2023
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The effects of legislative amendments for construction and urban planning
New amendments introduced by Law no. 102/2023 on building permits for construction works are mainly aimed at extending the publicity formalities that must be carried out by the owner prior to commencement of construction works. Within a maximum of 30 days from the date of issue of a building permit, the holder is obliged to (i) install a sign identifying the investment in a visible place on the construction site, (ii) register, at his/her own expense, the building permit with the land register of real property and (iii) publish in a wide circulation newspaper information about the building permit, the permit number, the date of issue, the title and the description of the project.
Building permits can be appealed against by interested social organisations by lodging a prior complaint within 30 days of the most recently performed publicity operation, in cases where the lodging of a prior complaint is mandatory; or within 60 days, in cases where the lodging of a prior complaint is not mandatory.
It is also possible for the public and any interested social organisations to consult information about the main conditions pertaining to the execution of construction works on the premises of the authority responsible for issuing the relevant building permit. Any other documents deemed public are also made available to the interested parties.
By comparison with the previous provisions, overall, these new amendments to the law on building permits only make the procedure for carrying out construction works more difficult by placing new obligations on the holder of the building permit to make the building permit public.
Source: Order no. 59 of 5 April 2023 approving the Procedure for the recovery of unduly issued green certificates and amending the Regulation on the issuing of green certificates, approved by Order of the President of the Romanian Energy Regulatory Authority no. 4/2015; and Law no. 102 of 13 April 2023 amending and supplementing Law no. 50/1991 on the authorisation of construction works and Law no. 554/2004 on administrative litigation, as well as supplementing Article 64 of Law no. 350/2001 on land use and urban planning.