LAW

REGARDING PRINCIPLES OF URBAN PLANNING

AND TERRITORIAL DEVELOPMENT

Chişinău, 17 May 1996, no.835-XIII.

Monitorul Oficial al Republicii Moldova no. 1-2 of 2 January 1997

Parliament adopts the present law.

Chapter I
GENERAL PROVISIONS

Art.1 – The following basic terms are used in the wording of the present law:

Territorial development – series of activities for coordinating economic, social, cultural,

and ecological policies in compliance with the fundamental values of society, with a view to
providing a harmonious natural and constructed environment favorable to social and cultural
life of the population.

Urban planning – the most important component of territorial development, which deals
with the territory of localities and all the territories necessary for ensuring their functioning
and development.

Documentation of urban planning and territorial development – plans of territorial

development, urban plans and due regulations, which define goals and means, determine
stages of territorial development and urban planning, and propose solutions for a balanced
development of territories and localities, and for prevention and elimination of dysfunctions.

Plans of urban planning and plans of territorial development – all the written and drawn
documents referring to a certain territory, which are used to analyze the existent situation and
to determine objectives and measures in the domain of urban planning and territorial
development for a certain period of time.

Directive provisions – provisions contained in the documentation of urban planning and

territorial development, which determine the strategy and the main directions in the
development of a territory at national, regional, or local level.

Regulative provisions – provisions contained in the documentation of urban planning and

territorial development, including urban planning regulations, which determine the
regulations in the domain of urban planning and territorial development that are effectively
applied into practice on every cadastral parcel separately. They form compulsory
substantiation elements necessary for urban planning certification and the issue of
authorizations for construction, demolition, functioning, or destination change.

General resolution – a document, in which Government, central public administration

authority for urban planning and territorial development, or architecture and urban planning
service of local public administration authority states the results of an examination of a
documentation of urban planning and territorial development. That is, confirm that the
solutions presented are provided for in standard acts in force, evaluate technical solutions and
their compliance with a certain qualitative criteria, verify the conformity of the presented
solutions with an approved documentation referring to that territory, confirm, if needed, the
fundamental agreement regarding certain aspects of urban planning operations stipulated in
the examined documentation.

Programs of urban planning and territorial development – sequence of actions

approved by a competent public administration authority, planned to be taken with a view to
realizing certain objectives in the domain of urban planning and territorial development.

Operations of urban planning and territorial development – all the actions, by means of
which central and local public administration authorities implement policies in the domain of
urban planning and territorial development in compliance with an approved documentation of
urban planning and territorial development elaborated on the basis of these policies.

Inside city – territory occupied by grounds, facilities, and constructions that constitute a
locality, including the grounds provided for its extension. The limits of the inside-city are
determined by general plan of town-building.

Outside city – territory outside the locality, lying within the boundaries of the
administrative territory, which covers activities dependent or independent from the locality’s
functions according to plans of town-building and plans of territorial development.

Functional zone – all the grounds, for which, by means of an approved documentation
of urban planning and territorial development, the dominant and other permitted functions are
determined, and certain elements regarding the way of fulfilling these functions are regulated.

Locality’s central zone – grounds surface of the inside city, defined by an approved urban
planning documentation, as a result of the concentration of municipal infrastructures, public
institutions, and services, according to the criteria of density and architectural quality of
buildings. The boundaries of the central zone are determined by local public administration
authorities. Specific taxes and fees may be applied in the central zone.

Urban planning function – all the activities specific for the domain of urban planning
and territorial development, based on the criterion of grounds and constructions utilization
aimed at satisfying certain necessities of population of a specific territory. The main urban
planning functions are: communication (ground, air, maritime and fluvial); dwelling;
resources exploitation and processing; trade, culture, education, recreation; political, civic,
administrative, and religious activities; defense activities, activities ensuring legal order and
public security; sanitation; technical equipment; medical assistance; tourism.

Urban planning certificate – an informative and regulative document emitted by a local

public administration authority recognized by law, upon the request of an interested individual
or a legal entity, which informs the solicitor about juridical, economic, technical and
architectural urban planning terms of exploiting the corresponding grounds and constructions.

Art.2. – (1) Territorial development represents a series of complex activities that include:

a) elaboration, passing a resolution, approbation, and modification of the documentation

of urban planning and territorial development, substantiation studies and preliminary
scientific researches necessary to make these studies;
 b) territories, constructions, and facilities administration;

c) elaboration of specific standard acts;

d) control over the erection and exploitation of constructions and facilities in a strict
compliance with the requirements of the legislation regarding urban planning and territorial
development.

(2) Territorial development activities cover the entire national territory.

Art.3. – Central and local public administration authorities are responsible for carrying
out territorial development works according to the proposed tasks.

Art.4. – (1) Territorial development activity aims at realizing the following objectives:

a) balanced economic and social development, taking into consideration the specific
characteristics of each zone;

b) improvement of the quality of people’s and human communities’ life;

c) responsible natural resources administration and environmental protection;

d) rational utilization of territories.

(2) In compliance with these objectives, Government and local public administration
authorities, within the limits of their competence, elaborate programs and forecasts of social-
economic development of territories, including public works programs, and determine the
general directions in urban planning organization and development in localities.

Art.5. – (1) Urban planning activity aims at realizing the following objectives:

a) rational and balanced utilization of grounds necessary for the functioning of localities;

b) determination of localities’ functional organization;

c) provision with a dwelling in compliance with the requirements and the level of
development of society;

d) ensuring compositional aesthetics in erection of the constructed environment and

design of the natural environment of a locality;

e) protection of population, natural and constructed environment against pollution,

natural and technological foreseeable risks;

f) protection, conservation, and accordance of a corresponding statute of value to cultural

and natural monuments.

(2) In compliance with these objectives, local public administration authorities, within
the limits of their competence, work out programs of urban planning organization and
development in localities.
 (3) Direct technical conducting of a urban planning activity in localities is performed by
architecture and urban planning service of local public administration authorities, in
compliance with the legislation and technical regulations.

Chapter II
DOCUMENTATION OF URBAN PLANNING AND TERRITORIAL
DEVELOPMENT

Section 1
Documentation Contents

Art.6. – (1) Documentation of urban planning and territorial development includes plans
of territorial development, plans of town-building, and due regulations.

(2) Documentation of urban planning and territorial development is based on preliminary

studies and scientific researches, and contains directive and regulative provisions.

(3) Regulative documentation of urban planning and territorial development determines

the destination of grounds and rules of their utilization. On the basis of this documentation a
urban planning certificate and a authorization for construction are issued.

(4) The way of utilizing grounds for all kinds of constructions has to be regulated by plans
of town-building and plans of territorial development.

Art.7. – Plans of territorial development are the following:

a) plan of national territorial development

b) regional plans of territorial development, including:

- plan of zonal territorial development;

- plan of Chisinau municipality territorial development;

- plan of district territorial development;

c) local plans of territorial development, including:

- plans of inter-city and inter-village (inter-community) territorial development;

- plan of municipal, urban, or rural (communal) territorial development.

Art.8. – (1) Plan of national territorial development is exclusively directive and consists
of correlative sections, which represent sectorial governmental programs for the entire
country.

(2) Plan of national territorial development ensures:

a) bringing national programs in accordance with international programs in the domain;

b) interconnection between the sectorial governmental programs;

c) correlation between the programs at district level.

 Art.9. – (1) Regional plans of territorial development deal with the territory of certain
zones, districts, and Chisinau municipality.

(2) Plan of zonal territorial development is worked out for the territories amalgamated in
a zone with geographical, historical, or other common features, which covers integrally or
partially the territory of several administrative districts.

(3) Regional plans of territorial development are directive and ensure:

a) correlation of the programs at district level with the sectorial governmental programs
contained in the plan of national territorial development;

b) interconnection between the programs at district level;

c) correlation between the programs for all the administrative-territorial units of a zone,
district in question, or Chisinau municipality.

Art.10. – Plan of national territorial development and regional plans of territorial

development are meant to fulfil the tasks related to the following specific aspects:

a) natural resources realization;

b) structure and dynamics of population and labor resources;

c) harmonization of the development of human settlement and distribution of urban

planning functions throughout the territory;

d) technical equipment for municipal improvements;

e) protection or , if needed, rehabilitation of natural and constructed environment.

Art.11. – (1) Local plans of territorial development deal with the administrative territory
of a village (a community), town/city, municipality (with the exception of Chisinau
municipality), or administrative territories of several villages (communities) or neighboring
towns/cities.

(2) These plans are directive for the entire territory in question, regulative for the
territories outside the localities and ensure:

a) correlation of the local programs with the programs at national and regional level;

b) interconnection between the local programs;

c) correlation between the plans and regulations of urban planning for the localities that
are part of the territory in question;

d) laying down the conditions of fitness for construction in an inside and outside city.

(3) Directive provisions of local plans of territorial development address:

a) the main directions in a locality’s territory development;

b) major systems of technical equipment for municipal improvements;

 c) determination of zones for which the elaboration of plans of town-building is
obligatory;

d) determination of zones in which major operations of territorial development are

planned to be conducted;

e) determination of protected zones;

f) division of the territory in major functional zones.

(4) Regulative provisions that are part of local plans of territorial development are applied
to outside cities specified in this documentation and refer to:

a) delimitation of functional zones;

b) delimitation of zones that are fit for construction and zones with a temporary or
definitive interdiction on construction;

c) determination of construction terms;

d) delimitation of zones in which execution of public utility works is planned, as well as

of those in which preemptive right of local public administration authorities on immovable
property is established according to the legislation;

e) determination of itineraries and characteristics of circulation routes;

f) determination of the way of developing technical networks system for municipal

improvement;

g) delimitation of protected zones;

h) delimitation of zones in which operations of territorial development are planned to be

conducted.

Art.12. – Plans of town-building are the following:

a) general plans of town-building;

b) zonal plans of town-building

c) detailed plans of town-building.

Art.13. – (1) General plan of town-building is worked out for the entire territory of a
locality, including all the territories necessary for its functioning and development.

(2) General plan of town-building consists of a directive and a regulative components.

(3) The directive component of general plan of town-building contains provisions that
address:

a) the main directions in the locality’s territory development;

b) the scheme of centers system development within the locality;

 c) general scheme of traffic circulation system in the locality;

d) general scheme of technical networks system for municipal improvement;

e) determination of zones for which the elaboration of zonal plans of town-building is

obligatory;

f) determination of zones in which major operations of urban planning are planned to be

conducted;

g) determination of protected zones;

h) division of the locality’s territory in major functional zones.

(4) The regulative component of general plan of town-building contains provisions that
address:

a) delimitation of the inside city;

b) delimitation of the locality’s central zone;

c) delimitation of functional zones;

d) determination and delimitation of zones fit for construction;

e) determination and delimitation of zones with a temporary or definitive interdiction on

construction;

f) determination of the construction terms, including:

- alignments;

- height terms;

- check indicators;

- percentage of territory occupancy and coefficient of grounds utilization;

g) delimitation of zones in which execution of public utility works is planned, as well as

of those in which preemptive right of local public administration authorities on immovable
property is established according to the legislation;

h) determination of itineraries and characteristics of circulation routes that have to be

maintained, modified, or constructed;

i) determination of the way of developing technical networks system for municipal

improvement;

j) delimitation of protected zones;

k) delimitation of zones in which operations of urban planning are planned to be

contucted;

l) zonal determination of parcels’ minimum surfaces.

 Art.14. – (1) Zonal plan of town-building is worked out for a part of a locality’s territory
or for a territory indicated for the locality’s functioning and development.

(2) Zonal plan of town-building consists of a directive and a regulative components.

(3) The directive component of zonal plan of town-building is worked out for certain
important sectors or sectors of a special value that are part of a locality’s territory and includes
the provisions stipulated in Art.13 par.(3), with the exception of e), and accepted for the
territory of the corresponding zone

(4) The regulative component of zonal plan of town-building includes the provisions
stipulated in Art.13 par.(4), with the exception of a) adopted for the territory of the
corresponding zone.

Art.15. – Regulative components of general and zonal plans of town-building may

include provisions regarding the exterior aspect of constructions and the way of territorial
development of the surrounding territories, if the designer of the plan considers that these are
necessary.

Art.16. – (1) Detailed plan of town-building represents a documentation which

determines the conditions of arrangement and erection of one or more constructions with a
specified destination on certain grounds. This documentation is worked out only on the basis
of an approved general plan of town- planning.

(2) Local public administration authorities decide upon the necessity of elaborating a
detailed plan of town-building and communicate this decision to interested individuals and
legal entities by means of a urban planning certificate.

Art.17. – (1) Urban planning regulations are exclusively regulative documentation. There
are two types of urban planning regulations: General Urban planning Regulation and Local
Urban planning Regulation.

(2) General Urban planning Regulation consists of regulations with a high degree of
generalization, concerning the way of grounds utilization according to construction terms and
permitted urban planning functions, which are applied to the administrative territory of all the
localities in the country.

(3) Local Urban planning Regulation consists of written documents, which work out in
detail and explain the regulative components of approved general and zonal plans of town-
building, including the conditions that must be observed at their application.

Art.18. – (1) The obligatory minimum contents of the documentation of urban planning
and territorial development is determined for each category of specific cases, by means of
regulations and instructions elaborated by central public administration authority for urban
planning and territorial development and approved by Government.

(2) The validity of the existent plans of town-building and territorial development, as well
as the necessity of elaborating new plans, is determined by central public administration
authority for urban planning and territorial development.

Section 2
Documentation Elaboration
 Art.19. – The following institutions are responsible for the elaboration and approbation
of the documentation of urban planning and territorial development:

a) Government,

- for the elaboration and approbation of the plan of national territorial development;

b) Government or interested local public administration authorities,

- for the elaboration and approbation of regional plans of territorial development;

c) interested local public administration authorities,

- for the elaboration and approbation of local plans of territorial development,

- for the elaboration and approbation of plans of town-building and urban planning
regulations.

Art.20. – Competent services of local public administration authorities ensure the

correlation between the documentation of urban planning and territorial development in the
following way: provisions of approved plans of town-building and plans of territorial
development for a territory are afterwards worked out in detail in the documentation, which
is elaborated for component parts of the corresponding territory.

Art.21. – Documentation of urban planning and territorial development is elaborated by

designing organizations that hold corresponding authorizations.

Art.22. – Documentation of urban planning and territorial development is elaborated and

signed by certified specialists.

Art.23. – (1) Government and local public administration authorities have the right to
organize contests for the elaboration of substantiation studies and documentation of urban
planning and territorial development.

(2) In situations of particular importance and complexity, organization of such contests is

obligatory.

(3) Such situations, as well as the procedure of carrying out contests, are determined by
a regulation elaborated by central public administration authority for urban planning and
territorial development and approved by Government.

Art.24. – (1) Elaboration of the documentation of urban planning and territorial

development is financed by Government or corresponding public administration authorities.

(2) Elaboration of the plan of national territorial development and the substantiation
studies is financed from the state budget.

(3) Elaboration of the regional plans of territorial development and the substantiation
studies is financed, if needed, from the state budget or from corresponding local budgets.

(4) Elaboration of the documentation of urban planning and territorial development not
stipulated in par.(2) and par.(3), as well as the substantiation studies, are financed from
corresponding local budgets.
 (5) Elaboration of the documentation of urban planning and territorial development, with
the exception of that provided for in par.(2), may be financed by interested legal entities and
individuals, including foreigners, in collaboration with public administration authorities
responsible for the elaboration.

Section 3
Notification of Documentation

Art.25. – (1) According to the Annex that is a component part of the present law,
resolutions necessary for approbation of the documentation of urban planning and territorial
development are issued by Government, central public administration authority for urban
planning and territorial development or architecture and urban planning service of local public
administration authorities, and interested central and territorial bodies within 30 days from the
date of filling the complete set of documentation. If resolution is not issued by a specified date
it is considered to be favorable.

(2) Recommendations adopted and conditions defined by the instances that have omitted
resolutions and general resolution are introduced in documentation before its approbation.

Art.26. – (1) In case of appearance of certain disagreements due to technical problems

caused by meeting the conditions described in resolution, it will be obligatory resorted to
conciliation. Government or local public administration authorities in charge of elaboration
and approbation of the documentation of urban planning and territorial development are
responsible for a corresponding carrying-out of the resolution procedure until the
documentation is approved.

(2) These disagreements may appear:

a) between the drawer of the documentation and Government or local public

administration authorities responsible for its elaboration and approbation;

b) between the instances that passed a resolution on the documentation and Government
or local public administration authorities responsible for its elaboration and approbation;

c) between the instances that passed a resolution on the documentation, as a consequence

of discrepancies between prescriptions and conclusions given in the resolutions.

(3) Government or local public administration authorities responsible for elaboration and
approbation of the documentation of urban planning and territorial development initiate
resolution of the appeared disagreements.

(4) In case when these disagreements cannot be resolved in the way provided for in
par.(3), the parties appeal to:

a) architecture and urban planning service of local public administration authorities, if

the parties in disagreement are not local public administration authorities or specialized central
public administration authorities that pass resolutions;

b) central public administration authorities for urban planning and territorial

development, if the parties in disagreement are local public administration authorities,
Government, or specialized central public administration authorities that pass resolutions, or
if disagreements cannot be resolved by the service nominated in a).
 Section 4
Population Consultation

Art.27. – Population is consulted before the approbation of all the categories of plans of
town-building and territorial development, with the exception of the plan of national territorial
development and the detailed plans of town-building that do not affect public domain.

Art.28. – It is obligatory to post up the information at the center of local public

administration authorities and to make the documentation project available to the population
for consulting and public discussions.

Art.29. – (1) Population consultation is carried out differentially, depending on the

volume and importance of the documentation, in compliance with the regulations elaborated
by central public administration authority for urban planning and territorial development and
approved by Government. The regulations also determine the procedure of documentation
modification in compliance with the results of public discussions.

(2) The responsibility for population consultation is taken on by the corresponding local
public administration authorities.

(3) The expenses related to the procedure of population consultation are covered by the
same funds from which the corresponding documentation elaboration is financed.

Section 5
Approval of Documentation

Art.30. – Documentation of urban planning and territorial development is approved

according to the competencies specified in Annex.

Art.31. – (1) Public authorities empowered to approve territorial development

documentation are obliged to pass it on to the interested public administration authorities
within 30 days from the approbation date.

(2) Central public administration authority for urban planning and territorial
development is obliged to inform district and municipal councils on general provisions of the
plan of national territorial development within 60 days from the approbation date.

Art.32. – (1) The approved documentation of urban planning and territorial development
is communicated to the public, with the exception of the documentation which, according to
the law, is secret.

(2) Documentation of urban planning and territorial development that presents public
interest may be offered in copies and for a fee to individuals and legal entities at their request,
with the agreement of local public administration authorities.

Section 6
Documentation Modification

Art.33. – (1) At the proposal of central public administration authority for urban planning
and territorial development, documentation of urban planning and territorial development is
periodically reexamined and modified to correspond to new economic, social and technical
conditions.
 (2) Plans of town-building and plans of territorial development may be modified, without
changing their general concept, to include the main provisions of an approved documentation
for the component parts of the same territory.

Art.34. – The documentation of urban planning and territorial development modified

according to Art.33 is considered to be a new documentation and is to be approved in the
conditions of the present law.

Chapter III
TERRITORY AND LOCALITIES ADMINISTRATION

Art.35. – Territory and localities administration represents all the actions regarding their
organization, conservation, and development oriented at ensuring a physical and functional
state of natural and constructed environments, which would correspond to the necessities of
human communities, according to public interest, as well as the provisions of an approved
documentation of urban planning and territorial development.

Art.36. – Local public administration authorities ensure, provided the observance of legal
provisions, administration of all the grounds and constructions within the determined
administrative-territorial boundaries and are responsible for the erection and exploitation of
constructions and facilities of public utility.

Section 1
Operations of urban planning and territorial development,
data banks, general responsibilities and competencies

Art.37. – (1) Urban planning operations are conducted only on the basis of an approved
urban planning documentation. The ordering and harmonization of all the urban planning
operations within a locality are done by means of general plan of town-building of the locality,
according to the legislation.

(2) Operations of urban planning and territorial development are organized and financed
by local public administration authorities or by interested legal entities or individuals, within
the local policies of the locality’s development.

(3) Local public administration authorities are responsible for observing public interest
when carrying out the operations of urban planning and territorial development.

Art.38. – Local public administration authorities may join efforts in carrying out the
operations of urban planning and territorial development.

Art.39. – Local public administration authorities organize publicly, privately, or in

cooperation, under the methodological direction of central public administration authority for
urban planning and territorial development, data banks and informational systems for territory
and localities administration. Individuals and legal entities are obliged to provide local public
administration authorities with the requested information.

Art.40. – The owners of grounds and constructions are responsible for their maintaining
and utilizing in accordance with public interests determined by an approved documentation
of urban planning and territorial development, as well as by other regulations, according to
the legislation.
 Art.41. – Arrangement and design of constructions and facilities are authorized by a
urban planning certificate, and their execution by an authorization for construction.

Art.42. – (1) Urban planning certificate and authorization for construction are issued by
local public administration authorities.

(2) The procedure of issuing urban planning certificates and authorizations for
construction is determined by corresponding regulations elaborated by central public
administration authority for urban planning and territorial development and approved by
Government.

Art.43. – Documents concerning the circulation and state of immovable property have to
be accompanied by a urban planning certificate, for the parties involved to get informed upon
all the conditions of utilization of the corresponding grounds.

Section 2
Lands

Art.44. – By means of territory and localities administration, public administration

authorities put into practice the regulations regarding grounds utilization, determined by an
approved documentation of urban planning and territorial development, according to Art.13
par.(4).

Art.45 – With a view to conducting certain urban planning operations, local public
administration authorities may resort to exchanging, making concessions, buying, or
expropriating grounds for public needs, according to the legislation.

Art.46. – Before the division or repartition of grounds for constructions, these are
parceled or reparceled on the initiative of the owners or local public administration authorities
with the agreement of the owners, according to the legislation. The documentation necessary
for carrying out these actions has to be accompanied by a urban planning certificate.

Art.47. – (1) By means of documentation of urban planning and territorial development

it is possible to determine definitive or temporary interdictions on construction.

(2) A definite interdiction on construction is put for one of the following reasons:

a) foreseeable natural risks: floods, landslides, grounds deformations caused by erosion,

etc.;

b) foreseeable technological risks: radioactive or chemical contamination, explosion

hazard, fire hazard, excess of the acceptable level of noise, etc.;

c) there is such a prescription in the Regulations of the protected zone.

(3) A definite interdiction on construction may be reversed at the disappearance of the

cause that determined its introduction.

(4) A temporary interdiction on construction is put for one of the following reasons:

a) the need to elaborate a urban planning documentation with a view to establishing rules
of construction for the zone in question;
 b) the need to execute works of public utility of national or local interest in the zone in
question;

c) the execution of works of public utility in the zone in question (works on soil
improvement and the like);

d) grounds for special use belonging to public property: pastures, fields, grounds along
running and standing waters.

(5) A temporary interdiction on construction may be extended for the same reason not
more than once, for a limited period of time after which it looses its effect.

(6) A temporary interdiction on construction may be reversed at the disappearance of the

cause that determined its introduction.

Art.48. – The procedure of putting definitive and temporary interdictions on construction

is worked out in detail in the Regulations elaborated by central public administration authority
for urban planning and territorial development and approved by Government.

Section 3
Constructions

Art.49. – (1) In the implication of the present law, constructions are:

a) capital or provisional;

b) underground or over-ground;

c) buildings, special constructions, or facilities.

(2) The way of erection (modification) and utilization of constructions is determined by

the regulative documentation of urban planning and territorial development, as well as by
other standard acts.

Art.50. – For the erection (modification) or demolition of constructions, local public

administration authorities emit, according to the legislation:

a) authorizations for construction;

b) authorizations for demolition.

Art.51. – (1) Authorization for construction is issued for constructions and works which
meet the requirements of compliance determined by legal norms and the legislation.

(2) Domestic annexes and provisional constructions are excluded from the provisions in
par.(1), with the exception of those situated in protected zones, central zones of municipalities
and towns/cities, or other zones on which specific requirements are imposed by local
regulations of urban planning.

Art.52. – For the utilization of constructions in compliance with the provisions of an

approved documentation of urban planning and territorial development, as well as other
regulations in force, local public administration authorities emit:
 a) authorizations for functioning;

b) authorizations for destination change.

Art.53. – (1) Authorization for functioning generalizes all the documents emitted
according to the legislation by public administration authorities, which permit functioning of
the constructions from the point of view of a specific activity domain.

(2) Authorization for functioning determines conditions of construction utilization from

the point of view of:

a) the activities which are conducted within the construction, according to its function or
functions permitted by authorization;

b) the conditions that should be kept to when utilizing the construction.

(3) Authorization for functioning is issued for the constructions executed on the basis of
an authorization for construction after the termination of construction works, and for the
constructions the utilization of which has been suspended after the elimination of causes that
served as the basis for adopting the decision on suspending.

Art.54. – Authorization for destination change of a construction is issued for those

revisions of the way of constructions utilization, from the point of view of the activities that
are conducted within these constructions, which do not imply the execution of construction
works which require an authorization for construction, according to the legislation.

Art.55. – The procedure of issuing authorizations for construction, demolition,

functioning, and destination change is worked out in detail in the Regulations elaborated by
central public administration authority for urban planning and territorial development and
approved by Government.

Art.56. – Local public administration authorities decide upon:

a) the termination of activities conducted within the constructions, which do not

correspond to the provisions of the documentation of urban planning and territorial
development that regulates the conditions of utilization of grounds and constructions for the
territory in question;

b) suspending of activities conducted within the constructions, which do not correspond

to functioning conditions determined by legal regulations, until bringing these activities in
compliance with the specified conditions or until getting a corresponding authorization for
functioning.

Art.57. – In case of owner change, the authorizations emitted in the conditions of Art.50
and Art.52 remain valid with all the resulting rights and obligations without modifying the
object of the authorization, and the new owner is obliged to inform local public administration
authorities, which have issued the authorization in question, about his/her coming into
possession.

Section 4
Protected zones
 Art.58. – Protected zones represent territories with objects or groups of objects that
constitute a part of cultural national or natural property, which fall under specific regulations
with a view to maintaining their quality, keeping balance by means of interventions and
conservation, as well as for ensuring harmonious relations with the environment.

Art.59. – (1) The basis for creating protected zones must include;

a) monuments declared by law a part of cultural national property together with the
appropriate protection zones;

b) monuments declared by law a part of natural national property.

(2) Through the documentation of urban planning and territorial development it is

possible to establish conditions of protected zone on other territories in addition to those
provided for in par.(1), with the aim of protection, conservation, and putting into use of
immovable property or its elements, appreciated by local public administration authorities as
being valuable and not included in the established by law Register of monuments protected
by the State.

Art.60. – (1) Protected zones may be of national or local interest:

(2) Obligations and responsibilities related to the identification, inventory, conservation,

realization, and control of natural and constructed valuables of national interest are determined
and regulated by Government.

(3) The identification, inventory, conservation, realization, and control of natural and
constructed valuables of local interest are done by local public administration authorities on
the basis of regulations and instructions approved by Government.

Art.61. – Any intervention on the territory of protected zones may be authorized only
with a preliminary resolution of Government or the specialized local public administration
authorities, in a manner determined by legislation.

Section 5
Urban Functional Cadastre

Art.62. – (1) Urban functional cadastre is a specialized cadastre which represents an

informational base of the regulations system designed to ensure localities’ functioning and
development.

(2) The way of working out and keeping an urban functional cadastre is determined by
the Regulations approved by Government.

(3) Urban functional cadastre data is codified according to the national informational
system.

Art.63. – Urban functional cadastre is permanently updated by introducing information

regarding the modifications that took place:

a) in general cadastre;

b) on site.
 Art.64. – (1) Urban functional cadastre is worked out for each administrative-territorial
unit.

(2) Local public administration authorities ensure, by means of local budgets, working
out and keeping an urban functional cadastre for the territories administered by them.

Art.65. – The works necessary for working out an urban functional cadastre are executed
by individuals and legal entities that hold authorizations for conducting these activities, at the
request of local public administration authorities.

Chapter IV
CONTROL IN THE DOMAIN OF URBAN PLANNING
AND TERRITORIAL DEVELOPMENT

Art.66. – (1) The activity of urban planning and territorial development is conducted in
compliance with the legislation, under the coordination of central public administration
authority for urban planning and territorial development, observing the principles of
decentralization and local autonomy, according to the legislation.

(2) State policy and strategy in the domain of urban planning and territorial development
are determined by the central public administration authority for urban planning and territorial
development, and the services of urban planning and territorial development of local public
administration authorities contribute to their realization.

Art.67. – Central public administration authority for urban planning and territorial
development elaborates or, if needed, passes a resolution on the projects of standard acts
referring to the activity of urban planning and territorial development.

Art.68. – (1) State control of the activity of urban planning and territorial development is
executed by a specialized service of central public administration authority for urban planning
and territorial development, or of decentralized specialized services of this authority in
districts and municipalities.

(2) Within the administrative-territorial units, control of the activity of urban planning
and territorial development is executed by local public administration authorities.

Chapter V
VIOLATIONS IN THE DOMAIN OF URBAN PLANNING AND
TERRITORIAL DEVELOPMENT

Art.69. – (1) Violation of the provisions of the present law leads, if needed, to
administrative or criminal proceedings.

(2) The following actions are regarded as violations of the present law:

a) passing a resolution and approving documentation of town -planning and territorial

development without observing the procedure determined by the legislation;

b) utilization of new constructions or constructions, the functional destination of which

has been changed, without an authorization for functioning or destination change;
 c) evasion of the obligation to provide data from the data bank and informational systems,
necessary for the activity of urban planning and territorial development, as well as providing
with wrong information;

d) nonobservance of execution deadlines specified in the present law;

e) modification, total or partial demolition of constructions, violating the requirements

regarding obtaining a corresponding authorization, and execution of the works.

Art.70. – The violations specified in Art.69 par.(2) a) are stated by the persons
empowered by central public administration authority for urban planning and territorial
development, that fulfills the functions of state control over the activity in the domain of urban
planning and territorial development, and the violations specified in b), c), d), and e) by the
same persons, as well as by local public administration authorities.

Art.71. – Local public administration authorities and their decision factors are
responsible for violation of the provisions of the present law, as well as for possible prejudices
caused by documents emitted or actions performed by them, opposite to the provisions of the
documentation of urban planning and territorial development.

Chapter VI
FINAL AND TRANZITORY PROVISIONS

Art.72. – The documentation of urban planning and territorial development in force is

valid until the approbation of a new documentation elaborated in compliance with the present
law.

Art.73. – (1) Urban planning certificate and authorization for construction are issued on
the basis of and keeping to the documentation of urban planning and territorial development
approved according to the legislation in force.

(2) In the absence of an approved documentation or in case when this documentation is

in the process of elaboration, constructions and facilities arrangement is obligatory
coordinated with central public administration authority for urban planning and territorial
development.

(3) In this case, obligations that result from urban planning certificates and authorizations
for construction, demolition, functioning, and destination change should be included in the
documentation of urban planning and territorial development subject to approbation.

Art.74. – Urban planning documentation is elaborated and approved in the following

terms, which start on the date when the present law comes into force:

a) 4 years, for general plans of town-building;

b) 5 years, for local regulations of urban planning.

Art.75. – The standard acts in force are applied in the extent in which they do not
contradict the present law.

Art.76. – The present law comes into force on the date of its publication.

Art.77. – Government, within 3 months:

 will present to the Parliament proposals for bringing the legislation in force in compliance
with the present law;

will bring the standard acts in compliance with the present law;

will approve on the basis of the present law the standard acts that regulate the activity in
the domain of urban planning and territorial development;

will ensure that Ministries, Departments, State inspectorates, and local public
administration authorities revise the standard acts that contradict to the present law.

Art.78. – Architecture and Constructions Department will elaborate and will approve the
standard acts for application of the present law.

President of Parliament Petru LUCINSCHI

Chisinau, 17 May 1996.

No.835-XIII.

Annex
to the Law regarding principles of
urban planning and territorial development

Passing Resolution and Approving

Documentation of Town-Planning and Landscape Design

Documentation Category Responsible for Responsible for Responsible for

Passing Resolution Emitting General Approbation
Resolutions
1 2 3 4

PLAN OF TERRITORIAL DEVELOPMENT:

national central bodies Government Parliament
zonal interested central Department of Architecture Government
bodies and Construction
district or municipal interested central Department of Architecture District or Municipal
bodies and Construction Council
inter-city and inter-village interested territorial Department of Architecture Town/City or Village
(inter-community) bodies and Construction (Community) Councils
urban interested territorial Department of Architecture Town/City Council
bodies and Construction
rural (communal) interested territorial Department of Architecture Village (Community)
bodies and Construction Council
GENERAL PLAN OF URBAN PLANNING:
of municipality interested central Department of Architecture Municipal Council
bodies and Construction
of town/city interested central Department of Architecture Town/City Council
bodies and Construction
of health center, Ministry of Economy, Department of Architecture District or Municipal
tourist resort Ministry of Health, and Construction Council
interested territorial
bodies
of village (community) interested territorial Department of Architecture Village (Community)
bodies and Construction Council
ZONAL PLAN OF URBAN PLANNING:
of municipality’s interested central Department of Architecture Municipal Council
central zone bodies and Construction
of locality’s interested territorial Department of Architecture Municipal, Town/City,
functional zone bodies and Construction or Village (Community)
Council
of protected zone interested territorial Department of Architecture District or Municipal
bodies and Construction Council
of entertainment interested territorial Department of Architecture District or Municipal
zone bodies and Construction Council
DETAILED PLAN OF URBAN PLANNING:
elaborated at the expense interested central or Department of Architecture District Council
of allocations of territorial bodies and Construction
Government or specialized
central public
administration authorities
1 2 3 4
elaborated at the expense interested territorial specialized service Municipal, Town/City,
of allocations of bodies of architecture and or Village (Community)
local public administration town-planning Council
authorities or means of local public
of individuals or administration authorities
legal entities
URBAN PLANNING REGULATIONS:
General Regulations interested central Department of Architecture Government
of Town-Planning bodies and Construction
Local Regulations interested territorial Department of Architecture Municipal, Town/City,
of Town-Planning bodies and Construction or Village (Community)
Council

[Archives of Art.43 from Law no.835-XIII of 17 May 1996 regarding principles of town-planning and
landscape design (Monitorul Oficial, 1997, no. 1-2, Art.2.) is excluded. (In the edition of 23 December 1998 of
the Law no.237-XIV regarding modification and completion of legislative acts (Monitorul Oficial, 1999, no.39-
41, p.I, Art.165.)]