CHAPTER 6

URBAN PLANNING AND AUTHORIZATION OF CONSTRUCTION WORKS

6.1. Town and country planning and urban planning

6.1.1. General provisions The spatial management of the territory ensures to the individuals and to the collectivities the right of equitable use and the responsibility for an efficient utilization of the territory. The management shall be achieved through the town and country planning and urban planning, which constitutes aggregates of complex activities of general interest that contribute to the balanced spatial development, to the protection of the natural and built real estate assets, as well as to the improvement of the living conditions in the urban and rural localities. In Romania, these aspects are ruled according to Law nr. 350/2001, with further modifications Law on town and country planning and urban planning The activity of the town and country planning shall have to be: a) Global - following the coordination of different sectorial policies in an integrated whole; b) Functional - having to take into account the natural and built framework based on culture values and common interests; c) Of perspective - having to analyze the long term development tendencies of the economic, ecological, social and cultural intervention and phenomena and to take them into account upon application; d) Democratic - ensuring the participation of the population and of its political representatives in the decisions-making V. Urban planning shall have to represent an activity: a) Operational, by detailing and delimiting on the ground the provisions of the plans of town and country planning; b) Integrating, by synthesizing the sectorial policies regarding the management of the territory of the localities; c) Normative, by specifying the modalities of land utilization, the defining of the destinations and dimensions of buildings, including the infrastructure, fittings and plantations. The activity of town and country planning shall have to be carried on in respect with local autonomy, on the basis of the principle of the partnership, transparency, decentralization of the public services, the participation of the population in the process of decision taking, as well as of the durable development, according to which the decisions of the present generation have to ensure the development, without compromising the right of the future generations to own existence and development. The public central and local administration authorities shall be responsible for the activity of town and country planning and urban planning. The field of activity The basic purpose of the town and country planning shall be the harmonization at the level of the entire territory of the economic, social, ecological and cultural policies, established at national and local level, for the ensuring of the balance in the development of the different zones of the country, aiming at the increase in the cohesion and efficiency of the economic and social relations between them. The main objectives of the town and country planning are the following: a) the balanced economic and social development of the regions and zones, with the observance of their specifics; b) the improvement of the people's and human collectivities' quality of life; c) the responsible management of the natural resources and environment protection; d) the rational utilization of the territory.

The urban planning has as main purpose the stimulation of the complex development of the localities, by carrying out the short, medium and long term development strategies. The urban planning aims at the establishing of the trends of spatial development of the urban and rural localities, in keeping with their potential and the aspirations of the inhabitants. The main objectives of the urban planning activity are the following: a) the improvement of the living conditions by eliminating the V dysfunction, the ensuring of the access to infrastructures, public services and dwellings convenient to all the inhabitants; b) the creation of the conditions for meeting the special requirements of the children, of the aged and of the disabled persons; c) the efficient utilization of the land, in keeping with the adequate urban functions; the controlled extension of the built up areas; d) the protection and the turning to good account of the built cultural and natural real estate assets; e) the ensuring of the quality of the built, made-up and planted framework in all urban and rural localities; f) the protection of the localities against natural disasters. Note Duties of the central and local public administration The activity of the town and country planning and urban planning at national level shall be coordinated by the Government, through the Ministry of Public Works, Transport and Housing (actually: Ministry of Regional Development and Tourism), which shall establish, priority programmes, guiding lines and sectorial policies such as: a) the elaboration of the Plan of the regional town and country planning, which shall substantiate the regional development plans; b) the elaboration of the General Urban Planning Regulations; c) the endorsement of the drafts of normative documents referring to the activity of the town and country planning and urban planning; d) the collaboration with county councils and the local councils, as well as the follow up of the way in which the governmental programmes and the guiding lines in the field of the town and country planning and urban planning at regional, county and local level are applied; e) the endorsement of the documentation of the town and country planning and urban planning, etc.

The county council shall coordinate the activity of the town and country planning and urban planning at county level, according to law. The county council shall establish the general orientation regarding the town and country planning and the urban organization and development of the localities, on the basis of the plans for the town and country planning and urban planning. To this end, it shall coordinate the activity of the local councils and shall grant them technical specialty assistance. The county council shall ensure the taking over of the provisions included in the plans of the national, regional and zonal town and country planning within the documentation of town and country planning and urban planning for the administrative territories of the county localities, it shall ensure the elaboration of the Plan for the planning the county territory, of the zonal plans of territorial planning that are of county interest and shall approve them according to law. The county council may request the local councils to elaborate or to update a documentation of town and country planning or urban planning with a view to ensuring the applying of certain provisions included in the county development programmes. The local council shall coordinate and shall be responsible for the entire activity of urban planning carried on in the territorial-administrative unit and shall ensure the observance of the provisions included in the approved documentation of town and country and urban planning for the carrying out of the programme of urban development of the component localities of the commune or town. The local council shall cooperate with the county council and shall be supported by it in the activity of town and country and urban planning. 6.1.2. Documentation of the town and country and urban planning Documentation of town and country and urban planning consists in an aggregate of written and drawn pieces concerning a determined territory, by which the existent situation is analyzed and there are established the objectives, actions and measures of town and country planning and urban development of the localities for a determined period of time.

The documentation of town and country planning and urban planning shall be signed by specialists qualified in the field by diploma or post-university specialty studies accredited according to law, as well as by other professionals who are empowered to sign. The signatory power for the documentation of town and country and urban planning shall be established on the basis of regulations elaborated by the Ministry of Public Works, Transport and Housing, in collaboration with the Professional Association of Urban Planners in Romania, as well as with other professional organizations in the field of town and country and city planning. The specialists qualified in the field of town and country and urban planning who acquire the signatory power shall be entered in the town planners' Registry. The documentation of town and country planning contains proposals of guiding character, while the urban planning documentation contains operational regulations. The documentation of town and country and urban planning consist in:

Town and country planning documentations, Urban planning documentations, General regulations of urban planning, Local urban planning regulations.

endorsed and approved according to law. A. Documentation of town and country planning The documentation of town and country planning shall be the following: a) Plan of town and country planning of national territory; b) Plan of town and country planning of zonal territory; c) Plan of town and country planning of the county territory. B. Urban planning documentation The urban planning documentation shall refer to the urban and rural localities and shall regulate the land utilization and the conditions of occupying them with constructions. The urban planning documentation shall transpose, at the level of urban and rural localities, the proposals included in the plans of town and country planning of the national, zonal and county territory. The urban planning documentation shall be of a specific regulation character and shall establish rules that directly apply to the localities and to parts of them up to the level of cadastral plots, constituting elements of compulsory substantiation for the issuing of city planning certificates. The urban planning documentation shall be the following: a) General Urban Plan and the Local Regulations relating to it (P.U.G. + R.L.U.); b) Zonal Urban Plan and the Local Regulations relating to it (P.U.Z. + R.L.U.); c) Detailed Urban Plan. (P.U.D.). The General Urban Plan shall be of guiding character and of operational regulation. Each locality shall have to draw up the general urban Plan, to update it every 5 - 10 years and to approve it, this constituting the legal basis for the carrying out the development programmes and actions. The General Urban Plan shall include short-term regulations, at the level of the entire basic territorial-administrative unit, with regard to: a) the establishing and delimitation of the territory within the built up area in relation to the administrative territory of the locality; b) the establishing of the way of utilization of the land within the built up area; c) the functional zoning in correlation to the organizing of the traffic network; d) the delimitation of the zones affected by public servitude;

e) the modernization and development of the local infrastructure; f) the establishing of the protected zones and of historical monuments' protection; g) the forms of ownership and the juridical circulation of land; h) the specifying of the conditions of locating and conforming of the volumes constructed, arranged and planted. The General Urban Plan shall include middle and long-term provisions with regard to: a) the evolution in perspective of the locality; b) the directions of functional development in the territory; c) the routes of the traffic corridors and of equipping provided for in the plans of town and country planning of the national, zonal and county territory. The Zonal Urban Plan shall be of a detailed specific regulation character and shall ensure the correlation of the complex urban development with the provisions of the general urban plan of a delimited zone in the territory of the locality. The Zonal Urban Plan shall include regulations on the zone referring to: a) street network organization; b) urban-architectural organization depending on the urban structure; c) manner of land utilization; d) development of the local infrastructure; e) the legal position and the circulation of the plots of land; f) the protection of the historical monuments and servitude in their protection zones. The elaboration of the Zonal Urban Plan shall be compulsory in the cases of: a) the central zones of the localities; b) the protected zones and zones of the protection of the monuments, of the leisure and amusement complexes, of the industrial parks, of parceling out; c) other zones established by the local public authorities in localities, according to law. The establishing of the zones for which compulsory zonal urban designs are drawn up shall be made, as a rule, in the General Urban Plan. The Detailed Urban Plan shall have exclusive character of specific regulations by which the conditions of location, dimensioning, and urban compliance and serving of one or several objectives on one or several adjacent plots, on one or several locations, in correlation with immediate surrounding districts, shall be ensured. The Detailed Urban Plan shall include regulations with regard to: a) the ensuring of the accessibility and the connecting to the urban networks; b) the urban permissiveness and constraints regarding the built volumes and the fittings; c) the functional and esthetical relations with the neighborhoods; d) the compatibility of the functions and the compliance of the constructions, fittings and plantations; e) the legal frame work and the circulation of land and constructions. The Detailed Urban Plan shall be elaborated only for the detailed regulation of the provisions established by the General Urban Plan, the Zonal Urban Plan or for the establishing of the construction conditions. The General Urban Planning Regulation shall represent the system of technical, juridical and economic norms that underlines the elaboration of the urban plans, as well as of the local urban planning regulations. (Government Decision No. 525/1996 approving the General Urban Planning Regulation). Local Urban Planning Regulations for the territorial-administrative unit, relating to the General Urban Plan, or for part of it, relating to the Zonal Urban Plan, shall include and detail the provisions of the General Urban Plan and of the Zonal Urban Plan referring to the actually modality of using the land, as well as of location, dimensioning and achievement of the built volumes, of the fittings and the plantations.

6.1.3. Specific provisions After approval, the General Urban Plan, the Zonal Urban Plan (together with their related Local Urban Planning Regulations) and the Detailed Urban Plan, shall be opposable in justice. In the absence of the approved Plan of the town and country planning of the county territory and of the General Urban Plan, investments can be made in constructions only on the basis of a Zonal Urban Plan, approved according to law, and in respect with the provisions of the Local Urban Planning Regulations. The provisions of Local Urban Planning Regulations are different according to each basic territorial unit (Unitate Teritoriala de Referinta: U.T.R.). The documentation of town and country and urban planning modified without the observance of the legal provisions regarding their endorsement and approval shall be null and void. Specific terms: Standard territorial unit (U.T.R.) subdivision of the territorial-administrative unit/standard area of reference (urban or rural locality) characterized by similar and/or homogenous urban characteristics. It aims to preserve, restore or to develop the territory according to its traditions and people values, so that future construction permits to be issued according to these aspects. Protected area (zona protejata) the area around certain patrimony assets (build or natural), described by town and country plans and urban plans, where constructions are restricted in terms of distances, function, high, shape. Urban indicators (indicatori urbanistici) specific instruments needed to guide and control the design process and the sustainable development of constructed area. They refer to Percentage of Occupation of Land (Procent de Ocupare a Terenului: P.O.T.) and Land Use Coefficient (Coeficient de Utilizare a Terenului: C.U.T). - Percentage of Occupation of Land (P.O.T.) - expresses the ratio of built area on the ground (Aria Construita: Ac) and land area considered (A), multiplied by 100 (eg P.O.T. = 25%, which means that it can build on that quarter of land area). P.O.T. is determined by destination area to be placed depending on the construction and placement in the field. - Land Use Coefficient/Land Occupancy Ratio (C.U.T.) expresses the ratio of total built surface of all levels (Aria construita desfasurata: Adc) and land surface (A). When considering the urban conditions that guides urban planning and the issuing of construction permits, beside P.O.T. and C.U.T. a few other factors should be considered, such as the function of the future construction/building, the alignment of the building to the street, the minimum distance between the future building and its neighbors, its height, etc.

6.2. Authorization of construction works

6.2.1. When do I need a construction permit? Execution of construction works is permitted only under the authorization of construction or dismantling (construction permit/construction license). Authorization for new constructions, repair/rehabilitation/modernization works or dismantling works shall be issued at the request of the holder of title to the property - land and / or constructions - or another act conferring the right to construct or demolish. In Romania, construction facilities or construction works (buildings, industrial buildings, including support facilities for technological equipment, roads, bridges, agricultural or any other can be constructed/demolished only by respecting the building permit issued under Law 50/1991 republished in 2004, with further adjustments, and regulations regarding the design and execution of construction works.

A construction permit is issued for: a) works of construction, reconstruction, consolidation, modification, extension, change of destination or repair of buildings of all kinds and their related facilities, except some small repair works, as provided in the Law; b) works of construction, reconstruction, expansion, repair, enhance, protection, restoration, conservation, and any other works, whatever their value, to be conducted at construction representing historical monuments, including their protection areas, established by law; c) construction, reconstruction, alteration, extension, repair, modernization and rehabilitation of communication routes, including art works, hydro works, service connection works, land improvement works, construction of infrastructure facilities, new capacity for production, transportation, electricity distribution and / or heat, and the rehabilitation and refurbishment of existing ones; d) fencing and street furniture, arrangements of green spaces, parks, markets and other works of public space planning; e) drilling and excavation work needed for geotechnical studies, geological prospecting, exploitation of quarries, gravel pits, gas and oil wells and other surface and underground mining; f) temporary works (provisional facilities necessary to organize the implementation of basic works, if not authorized with them); g) organization of tent camps, cottages or caravans; h) constructions having a provisional character: tents, simply stands, booths, exhibition spaces located on routes and public spaces, billboards, and advertising firms, and farm household annexes located outside the city; i) cemeteries - new and extension. 6.2.2. When I dont need a construction permit? A permit is not needed for works which does not change the structure of resistance, baseline characteristics of their construction or architectural appearance, such as: a) repairs to fences, roofs, roof or terrace, when not to change their form and materials that are made; b) repair and replacement of interior and exterior joinery, if kept shape, pore size and joinery; c) repair and replacement of heating stoves; d) painting and interior painting; e) painting and exterior painting, if not change the facade elements and colors of buildings; f) repairs to interior installations and external connections of any kind, relating to construction, property boundaries, local heating systems installation and domestic hot water preparation with approved boilers and air conditioning installation of individual devices and / or metering of consumption of utilities; g) repairs and replacements to the floor; h) repairs and replacements to the interior and exterior plaster, plywood, like - on sidewalks, the retaining walls and access steps, without changing the quality and appearance of constructive elements; i) maintenance in passageways and related facilities; j) works of investigation, research, expertise, art conservation and restoration of building components of historical monuments with the approval of Ministry of Culture and Religious Affairs and the county or local government authority, as appropriate; k) works of drilling and geotechnical surveys for construction of normal or low importance, outside the buffer zones established for deposits aquifers; l) construction of underground and above ground burial, the cemetery administration opinion. m) light non - bearing walls, and thermal (interior or exterior) insulation works to house buildings of maximum 3 floors.

All these works, excepting articles e) and j) need a construction permit in case of historical buildings or buildings situated within the protection area of a historical building.
6.2.3. Where do I get a construction permit? Construction permits are issued by the Presidents of County Councils, the General Mayor of Bucharest or mayors, according their competence stipulated by the Law (excepting military facilities and national roads). As a general rule, the mayors of municipalities or cities, issue permits for construction works of any kind placed within their territorial-administrative unit. For those construction works (usually roads or

other infrastructure works) overlapping two or more territorial-administrative units, the construction permit shall be issued by the President of County Council. 6.2.4. What steps are involved in the process of getting a construction permit? Construction permit is the act of authority of local government on which shall ensure the measures prescribed by law, on the location, design, construction, operation and demolition of constructed facilities. The construction permit is issued under and in compliance with provisions of urban planning documentation, endorsed and approved by law. The process of getting a construction permit involves the following main steps:

1. Obtaining the Urbanism Certificate; 2. Obtaining the legal notice/point of view from Agency of Environment;
3. Investors notification of the issuing authority to sustain its request for the Construction permit, for those investments on which the Agency of Environment requested supplementary Environmental impact studies;

4. Obtaining the necessary legal notices, agreements and complementary studies, established by the
Urbanism Certificate;

5. Develop the Technical Documentation (Project) for Authorizing the Execution of Construction
Works (written documents and plans depicting the proposed investment);

6. Submitting the Technical Documentation together with the Urbanism Certificate, a copy of the
property survey, the proof of title to the land and / or construction and the required notices and agreements to the issuing authority; 7. Getting the Construction Permit, if all the legal requirements were fulfilled, and the legal fees were paid. Urbanism Certificate Urbanism certificate is the information document of compulsory character by which the county or local public administration authority shall make known (in accordance with urban plans and regulations related thereto or the spatial development plans, as appropriate, endorsed and approved according to law) to the applicant's evidence on the legal, economic and technical assessment of land and buildings from the request and establish planning requirements to be met according to the specific site, and the list of opinions, notices and legal agreements needed for approval. The issuing of the Urbanism certificate shall be compulsory also for the adjudication through auction of the designing and execution works of the public works and other Notary movement real estate operations. The city planning certificate shall be issued at the request of any applicant, natural or legal person that may be interested in knowing the data and the regulations to which the respective immovable good is subjected. Urbanism certificate does not confer the right to perform construction works. The Urbanism certificate shall include the following elements regarding:

a) legal framework of the real estate refers to:

- the property right over the real estate end the encumbrances of public utility that encumber on it; - the location of the land within the built up area or outside it; - provisions of urban planning documentation that institutes a special regime on the real estate protected zones, zones in which the right to preemption acts on the real estate, final or

temporary interdictions of construction or whether it is entered in the List containing the historical monuments in Romania, as well as others stipulated by law; b) economic regime of the real estate - refers to: - the present use, admitted or not admitted destinations established on the basis of the urban provisions applicable in the zone; fiscal regulations specific to the locality or zone; c) technical regime of the real estate - - refers to: the percentage of occupation of land; the land use coefficient of the land; - the minimum and maximum sizes of the plots; - provisions of service utilities; - constructions admitted on the plot; - traffic and access to pedestrians and cars; - necessary parking places; - alignment of the land and the constructions towards the streets adjacent to the land; - minimum and maximum admitted height.

In the case in which, by the forwarded documentation, derogation shall be requested from the provisions of the urban planning documentation approved for the respective zone, the elaboration of another urban planning documentation may be requested by which to justify and to prove the possibility of the requested urban intervention. After the approval of the new city planning documentation - Zonal Urban Plan or Detailed Urban Plan - the technical documentation needed to obtain the construction permit may be drawn up. When applying for a urbanism certificate, any applicant - natural or legal person concerned, will address the issuing authorities with a request that will include the identification of the real estate (building and/or land) elements and the elements that define the purpose of the request. The urban certificate shall be issued to the applicant within maximum 30 days from the date of the registration of his application. The validity duration of the urban certificate shall be established by the issuing authority according to law, in relation to the importance of the zone and of the investment (usually one year). The issuing of incomplete urban certificates, with wrong data or the non-observance of the provisions included in the approved urban planning documentation shall bring about disciplinary, administrative, contraventions, civil or penal responsibility, according to law, as the case may be. Legal Notices and Agreements, Complementary studies The applicant is required to obtain legal notices and agreements, and procure complementary studies, depending on the type and location of the works. The areas where these documents are required refers to: a) connection to utility networks, the conditions of the site characteristics and transmission of energy or technology of the site; b) connection to the communications channels; c) prevention and fire fighting, civil defense, environmental protection and human health; d) notices and agreements from specialized organizations, such as: - Ministry of Culture for heritage buildings and/or areas; - State Inspectorate for Constructions in case of modifying existing constructed facilities, or new constructions placed in the vicinity of existing ones; e) complementary studies: - Geotechnical survey; - Technical expertise; - Land survey; - Sun light study, etc Technical Documentation

Technical documentation needed to obtain the Construction permit will include written pieces and drawings, extracted from Technical project established under the laws in force, in accordance with the requirements of Urbanism certificate. Basically it shall describe the works to be done, under the three major design specialties, such as: architecture, structural engineering and building services. According to the three types of works for which construction permits might be required, technical documentation should be one of the following types: - for construction works (D.T.A.C.): new constructions or various construction works on an existing construction (consolidation works, rehabilitation works, extension works etc.); - for demolition works (D.T.A.D.); - for site lay-out works (D.T.O.E.): when these works are not authorized together with the main construction works. Technical documentations for obtaining the construction permit and technical projects, upon which they are drawn, are drawn by teams of licensed technical staff with higher education only in architecture, structural engineering and construction facilities. Technical documentation should be verified (by chartered engineers) for compliance to the construction quality requirements, according to the provisions of Law 10/1995 concerning quality in construction. Execution of construction works is not allowed based only on the Technical documentation, but on the basis of Technical project (P.Th.) and Technical details (D.D.E.). The legal framework of the Technical documentation is given in Law 50/1991 republished. An example of framework for D.T.A.C. is given bellow: I. The written parts 1. List and signatures of designers Be completed with name clearly and quality designers, and part of the project responsible. 2. Technical report/memoir 2.1. Background: Description of the work for which the project for approval of construction work, making references to:

location, its topography, tracing of works; specific climate and natural phenomena; geology and seismic zone characteristics; classes and the category of importance of the objective.

2.2. Memories on Specialties: Description of works:

architecture; structure; facilities; equipment and technological facilities, as appropriate; exterior and vertical systematization.

2.3. Data and indicators characterizing investment designed, included in the Annex to the request for authorization:
built area: built from the ground and useful;

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 building heights and number of levels; building volume; percentage of occupation of land - P.O.T.; land use coefficient - C.U.T.

2.4. General estimate of the work, prepared in accordance with legal provisions in force 2.5. Attachments to the memorandum: 2.5.1. Geotechnical survey 2.5.2. Technical Checking Reports: made by Chartered engineers, in accordance with applicable laws on construction quality, certified verifiers by the Ministry of Transport, Construction and Tourism and approved by the investor; 2.5.3. Specific documentation required to obtain: opinions and agreements on the prevention and firefighting, civil defense, environmental protection and human health; 2.5.4. Specific opinions requested by the urbanism certificate, due to special site conditions or the functionality of the investment: from the State Inspectorate in Construction, Ministry of Transport, Constructions and Tourism, the Ministry of Culture, Ministry of National Defense, Ministry of Internal Affairs, Romanian Intelligence Service, other central government bodies and their decentralized services, as appropriate, according to legal regulations in force; 2.5.5. Agreement of neighbors: according to legal provisions in force, expressed in authentic form for the new building, located adjacent to buildings or their immediate vicinity - and if necessary intervention measures to protect them - for construction work necessary to change the destination the existing building and construction for locating destination other than that of neighboring buildings. II. Drawn parts 1. General Plans Insert

1.1. Plan for location in the territory: drawn on relevant topographic support of county office of cadastre, geodesy and cartography, drawn up the stairway 1:10.000, 1:5.000, 1:2.000 and 1:1.000, if necessary 1.2. Location map: drawn on the support of relevant topographic county office of cadastre, geodesy and cartography, drawn up the stairway 1:2.000, 1:1.000, 1:500, 1:200 or 1:100, as appropriate, specifying :
o o o o o

location of all buildings that will remain, will be abolished or will be built; building designed and maintained quotas on three dimensions; names and destinations of each construction unit; vertically land survey indicating the natural water drainage; pedestrian accesses the site and building roads, planting provided.

1.3. The plans for underground construction Insert Will include their location, especially in the urban utility networks site: routes, size, placement rates at the homes foundation and roof - and will be drawn to scale 1:500. If lack of public network technical infrastructure will indicate their facilities provided by the project, particularly water supply and sanitation.

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2. Specific plans Insert 2.1. Architecture: drawn pieces of architecture feature, including the main floor of each construction unit, drawn to scale 1:50 or 1:100, as follows:

plans of all underground and above ground levels, indicating functions, sizes and surfaces; plans of the pitch/terrace roofs, indicating the slopes of rain water drainage and how their collection, including indication of materials that run envelopes; characteristic cross sections ; all fronts, indicating the materials and finishes, including colors, indicating quoted and arranged to connect to the land, etc;

2.2. Structure 2.2.1. Foundation Plan: drawn to 1:50 scale and will reveal:

how to respect the conditions of geotechnical studies; measures to protect the foundations of buildings adjacent to buildings designed to join (if necessary).

2.2.2. Details of foundations 2.2.3. Draft complete structure: only if the proposed building has several basements and at least 10 levels. 2.3. Building services: it presents the key parameters and functional schemes for each type of building service. 2.4. Equipment and technological facilities If the investment is to operate on the basis of equipment and technological facilities, configuration of the building will be presented. If all the legal requirements were fulfilled, within a 30 days period, the Construction Permit will be issued. In order to get it, legal fees were paid to the Local Council.

6.2.5. What happens if things are not in compliance with the law?

If a permit is not obtained, when needed, prior to construction you have violated the law regulations and are subject to fines and penalties. In addition, you will be required to stop the works and to obtain permits for the works. The works must pass inspection or be corrected. Otherwise, the site will have to be returned to its original condition. Construction works made without a construction permit on land belonging to public or private domain of the state's counties, cities or municipalities may be demolished administratively by the local government authority, without referral to the courts and on the expense of the offender. If the provisions of the construction permit (Authorized project) are not fulfilled the works are also stopped and fines are applied. To match the legal requirements technical expertise should be done, and urban requirements should also be fulfilled. The facts described above are criminal offenses in case of historical monuments, including the construction placed within their protection areas , established by law. Permits for construction or dismantling, issued in violation of law, may be canceled by the administrative courts, according to the law. Cancellation of permits for construction or dismantling may be

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required under the law, by the one considering himself injured because a construction permit was issued in violation of law, and the prefect, including referral to express intimation of the State Construction Inspectorate. By placing the action, the construction permit is suspended and, consequently, the court shall order the work stopped pending resolution of the merits of the case

The control bodies are from three main institutions, according to the provision of the law: City halls, County councils and State Construction Inspectorate.

State control in urban planning, urban planning and authorization of execution of construction works is exercised by the State Construction Inspectorate, throughout the country. State Construction Inspectorate may have stopped the execution of construction works if it finds that they is done in violation of the laws, the requirements for quality assurance in engineering, without technical project or on the basis of a construction permit issued unlawfully. State Construction Inspectorate will announce the government authority within which to carry out the findings and the measures ordered. In this situation the local control authorities (City hall or County council), as appropriate, are required to follow the way of compliance on the willingness of the State Construction Inspectorate.

Subjects to control are the local authority that issued the permit, the investor, the contractor, and the providers of urban services.

Table 6.1. presents the facts considered of being criminal offences or contraventions together with their consequences.

6.2.6. What happens after the investor gets the construction permit? After issuing and getting the construction permit, the investor may start the construction works taking into consideration the following further main legal provisions:

Announce the City hall and the State Construction Inspectorate about the starting date within the period of validity of the permit; If significant changes occur during construction the investor must get a new Construction permit; Where Law 10/1995 about Construction quality requires, a site engineer acting on his behalf should be employed; The works should be completed within the time specified in the permit. If not, 12 months extension period may be approved; After completion, when all items of works were completed, the Pass Over Inspection (Reception of completed works) should be organized. It is compulsory that a person from the City hall to be a member within the commission designated for this purpose. The works constructed in the absence of a construction works or not respecting its provisions shall not be considered completed. In this situation the penalties provided by law remain valid.

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L 50/1991 republicata in 13.X. 2004 modif la 15.10.2009

Categorie
INFRACT Art.24(1)

ABATERI Denumire
a) Executarea, fara AC/D, sau cu neresp. prev. acesteia, a lucr. prev. la art. 3 lit.b. (monumente istorice, inclusiv la cele din zonele lor de protectie); b) Continuarea execut. lucrarilor dupa dispunerea opririi acestora de catre organele de control; c) Intocmirea ori semnarea PTh/PAC pentru alte specialitati decat cele certificate prin diploma universitara, in condit. prev. la art. 9 . d) Refuzul emiterii C.U. a) Exec. sau desfiintarea, totala sau partiala, fara AC a lucr.prev. la art. 3, cu exc. lit b) - de catre I si E; b) Executarea sau desf. cu neresp. prevederilor AC/ PTh a lucr. prev la art. 3, cu exc. lit.b) ; Contin lucr aut fara solic AC in caz de modif (art. 7(15) - de catre I si E; c) Aprobarea furnizarii de util. urbane, ca urmare a execut. de lucr. de bransamente si racorduri la retele pt. constr. noi neautorizate; d) Mentinerea lucrarilor si amenajarilor provizorii dupa exp. term. prev. in AC sau dupa term. lucr. autorizate ori adaptarea in alte scopuri fata de cele prev. in autorizatie a constructiilor,; e) Neaducerea de catre I a terenului la starea init. dupa term. lucr. prev. la art. 3 lit. c) f) Impiedicarea ori sustragerea de la efectuarea controlului, prin interzicerea accesului organelor de control abilitate, sau prin neprezentarea documentelor si a actelor solicitate; g) Neanuntarea datei inceperii lucr. de constr. Autorizate, in conf. cu prev. art. 7 alin. (8); h) Neemiterea C.U. la termen (art. 6 (2)), emitere C.U. incomplete/incorrect; h1) Neemiterea A.C. la termenul prevazut (art. 7(1)); i) Emiterea A.C. : - in lipsa unui drept real asupra imibilului, care sa confere dreptul de a solicita AC/D; - in lipsa/cu nerespectarea documentatiilor de urbanism aprobate; - in baza unor doc. Incompl./elab in neconc. Cu C.U., Cod civil, continut cadru, care nu contin avizelesoic, neverificate potrivit legii; - in lipsa Exp. Tehnice privind punerea in sig. a intregii constructii in cazul lucr de consolodare; - in baza altor documente decat cele cerute de lege; j) Neorg. si neexercitarea controlului privind disciplina in autorizarea si exec. lucr. de constr. de catre comp. abilitate din cadrul CJ si Primariilor in conf. cu competentele de autorizare (art. 27, al. 3 si 4), precum si neurmarirea modului de indeplinire a celor dispuse de IJC potrivit art. 29 alin. (3); k) Neindeplinirea, la termenul stabilit, a masurilor dispuse de IJC la controlul anterior; l) Refuzul sau obstructionarea accesului persoanelor fizice sau repr. Pers. Juridice la documentele prev. la art. 34 alin (7) ;

SANCTIUNI Art 24(2) 25 Val ( mil ROL) Sist Sesiz. org. de urmarire penala (3luni-3ani/ 1.0005.000) 1.000 -100.000 + S+I 3.000-10.000+S+I 10.000 26(2) 3.000-10.000 3.000-10.000 3.000-10.000 1.000 5.000 30.000 5.000 30.000

CONTRAVENTII

Art.26(1)

5.000 30.000

1.000 5.000 1.000 5.000 2.000

14