Although it is present under the Romanian legislation as "construction permit", in reality it represents a document issued by the local public administration based on which it is ensured the compliance with the measures established by law in terms of location, design, construction and operation performance. More specifically, a building permit not only offers the permission to build something new, but also to strengthen or repair an existing work.
Law No.50 / 1991 on authorizing the execution of construction and housing represents the legislative framework in this area.
The execution of construction works is permitted only on the basis of a building or demolishing permit. This authorization may be issued at the request of the holder of the title of ownership of a property - land and / or buildings - or another act which confers the right for the construction or demolition.
The building permit is issued for the implementation of construction works, reconstruction, consolidation, modification, extension, change of destination or rehabilitation of buildings of any kind, as well as the related facilities, except for certain works which do not alter the structure of resistance, baseline characteristics of the buildings or their architectural appearance, works that do not require a building permit.
Building permits are issued by the presidents of county councils, the general mayor of Bucharest or mayors.
The investor has the obligation to notify the issuing authority and the Construction Inspectorate on what concerns the date set for the beginning of the authorized work.
The authority issuing the building permit will set a validity period of 12 months from the issue date, during which the applicant is required to start the work. In this case, the validity of the authorization extends throughout the execution of the work under the authorization in accordance with the technical project.
If the work is not started or if it is not completed within the deadlines, the validity of the authorization will be lost and a new building permit issuance will be required. If the characteristics do not change from the initial authorization, a new permit to build can be issued without the need for a new urbanism certificate.
However, if it can be justified that the construction work can not be started, or may not be fully executed the deadline, the investor may apply for prolongation of the license with the issuing authority with at least 15 days before expiry. The prolongation of the permit may be granted only once and for a period not exceeding 12 months.
The building permit is issued within 30 days from the date of filing the request, based on documentation submitted to the competent authorities, documentation which includes:
▪ the urbanism certificate;
The urbanism certificate is an act of information of the applicant, by the competent authorities, regarding the elements relating to the legal, economic and technical regimes of existing buildings and lands at the date of the request and by the means of which it is determined which planning requirements are to be met depending on the specifics of the site, as well as the list of legal permits and approvals required for authorization.
▪ the proof of title of land and / or buildings;
▪ the project for the authorization of construction works;
The project authorizing the execution of construction works is extracted from the technical project and will be developed in accordance with the framework content found in Annex. 1 of the Romanian Law no. 50/1991.
▪ necessary legal permits and approvals, set out by the urbanism certificate;
▪ proof of payment of legal fees.
Obtaining a construction permit in Romania requires rigorous documentation and compliance with certain conditions regarding the types of construction or buildings. For more information on this matter, as well as for professional legal advice regarding the procurance of construction permits from the competent licensing authorities under the Romanian legislation on the subject, please contact one of the lawyers within Darie, Manea & associates law firm.