LAW (R) 50 29/07/1991
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LAW No. 50 of July 29th, 1991 (*Republished*)on the authorisation of the execution of construction worksISSUED BY: THE PARLIAMENTPUBLISHED IN: THE OFFICIAL GAZETTE OF ROMANIA No. 933 of October 13th, 2004_________ Note C.T.C.E.: For using in court, only the text in the Romanian language has legal foundation._________ *) Republished pursuant to Article II (1) of the Law No. 199/2004 for the amendment and addition of the Law No. 50/1991 on the authorisation of the execution of construction works, published in the Official Gazette of Romania, Part I, No. 487 of 31 May 2004, giving the texts a new numbering. The Law No. 50/1991 was published in the Official Gazette of Romania, Part I, No. 3 of 13 January 1997 and it has also been amended by:– the Government Emergency Ordinance No. 231/2000 for the amendment and addition of the Law No. 50/1991 on the authorisation of the execution of constructions and certain measures for building dwellings, published in the Official Gazette of Romania, Part I, No. 612 of 29 November 2000, rejected by the Law No. 413/2001, published in the Official Gazette of Romania, Part I, No. 402 of 20 July 2001;– the Government Emergency Ordinance No. 295/2000 for suspending the implementation or repeal of certain Government ordinances and emergency ordinances, published in the Official Gazette of Romania, Part I, No. 707 of 30 December 2000, approved by the Law No. 109/2001, published in the Official Gazette of Romania, Part I, No. 157 of 29 March 2001;– the Law No. 350/2001 on town and county planning and the city planning, published in the Official Gazette of Romania, Part I, No. 373 of 10 July 2001;– the Law No. 453/2001 for the amendment and addition of the Law No. 50/1991 on the authorisation of the execution of construction works and certain measures for building dwellings, published in the Official Gazette of Romania, Part I, No. 431 of 1 August 2001, rectified in the Official Gazette of Romania, Part I, No. 712 of 8 November 2001;– the Government Ordinance No. 5/2002 for the amendment and addition of Article 4 of the Law No. 50/1991 on the authorisation of the execution of construction works, republished, published in the Official Gazette of Romania, Part I, No. 70 of 31 January 2002, approved by the Law No. 455/2002, published in the Official Gazette of Romania, Part I, No. 504 of 12 July 2002;– the Government Ordinance No. 36/2002 on local taxes and fees, republished in the Official Gazette of Romania, Part I, No. 670 of 10 September 2002, repealed by the Law No. 571/2003 on the Fiscal Code, published in the Official Gazette of Romania, Part I, No. 927 of 23 December 2003;– the Law No. 401/2003 for the amendment and addition of the Law No. 50/1991 on the authorisation of the execution of construction works, published in the Official Gazette of Romania, Part I, No. 749 of 27 October 2003.Chapter I Authorisation of execution of construction worksArticle 1
(1) The execution of construction works shall only be allowed based on a construction or demolition authorisation. The construction or demolition authorisation shall be issued at the request of the holder of the ownership title over a real estate - land and/or buildings - or of any other act which grants the right of construction or demolition, under the terms of the present law.(2) Civil, industrial constructions, including those for the support of technological, agricultural or other kind of installations and equipment may only be carried out with the observance of the construction authorisation, issued under the terms of the present law, and of the regulations on the design and execution of constructions.Article 2
(1) The construction authorisation is the authority act of the local public administration based on which the applying of the measures provided by the law referring to the siting, design, execution and operation buildings are secured.(2) The construction authorisation shall be issued pursuant to and complying with the provisions of the documentations on city planning, endorsed and approved according to the law.(3) The construction authorisation for main networks, ways of communication, arrangements for land improvement, telecommunication networks or other infrastructure works, to be executed outside the built up area, shall be issued with the observance of the plans for town and county planning, endorsed and approved according to the law.(4) By derogation from the provisions of paragraph (2) there may also be issued construction authorisations without approved documentations for town and county planning and city planning, for the following:a) changing, repair, protection, restoration and preservation works for buildings of any kind, provided that the same function, the area build on the ground and the volumetry are preserved;b) repair works for the ways of communication, technical and municipal endowments and others similar, without changing the route and functionality, as the case may be;c) repair works for the surrounding areas, urbanistic furniture, arrangements of green spaces, parks and public gardens, squares and the other works for the arrangement of the public spaces;d) research and land prospecting works - drillings and excavations -, necessary with a view to carrying out the geo-technical studies, quarry exploitations, ballast-pits, gas and oil derricks, and other exploitations as well;e) organisation of tent camps.Article 3
The construction authorisation shall be issued for:a) construction, reconstruction, consolidation, changing, extension, change of destination or repair works for any kind of buildings, as well as of the installations thereof, except for those provided in Article 11;b) construction, reconstruction, extension, repair, consolidation, protection, restoration, conservation works and any other works, irrespective of their value, which are to be made for buildings representing historical monuments, including for those in their protection zones, established according to the law;c) construction, reconstruction, changing, extension, repair, modernisation and rehabilitation works for the ways of communication, including works of art, technical and municipal networks and endowments, hydro-technical works, river beds arrangements, land improvement works, infrastructure installation works, new production capacities, transport, distribution of electric and/or thermal energy, as well as works for the rehabilitation and re-technologisation of the existing ones;d) enclosures and urbanistic furniture, arrangements of green spaces, parks, squares and other works for the arrangement of the public spaces;e) drilling and excavation works necessary with a view to carrying out the geo-technical studies, geological prospects, quarry exploitations, ballast-pits, gas and oil derricks, and other surface or underground exploitations as well;f) temporary works, arrangements and constructions necessary with a view to organising the execution of the main works, unless they have been authorised at the same time with these;g) organisation of tent camps, huts or caravans;h) temporary construction works: kiosks, stands, booths, exhibition spaces located on public ways and areas, advertising hoarding and billboards, firms and advertisements, as well as domestic dependencies of the agricultural exploitations located outside the built up area;i) cemeteries - new and extensions.Article 4
Construction authorisations shall be issued by the presidents of the county councils, by the general mayor of Bucharest Municipality, the mayors of the municipalities, as follows:a) by the presidents of the county councils, with the advisory of the mayors, for the works in execution:1. approved by the government;2. outside the built up area of the villages, including household dependencies of agricultural exploitations bigger than 50 square meters (sq.m.);3. on land exceeding the limits of a territorial-administrative unit;4. on constructions representing historical monuments, including those from the protection areas, in the administrative territory of the county, with the prior advisory of the Ministry of Culture and Heritage;b) by the mayors of municipalities, for the works in execution on their administrative territory, except for those provided in letter a);c) by the general mayor of Bucharest Municipality, with the advisory opinion of the district mayors of Bucharest Municipality, for the works in execution:1. on land exceeding the territorial and administrative limits of a district and those outside the built up area;2. on constructions representing historical monuments, with the prior advisory of the Ministry of Culture and Heritage;3. works of modernisation, rehabilitation, extension of municipal urbanistic networks, urban underground and overground transport, transport and distribution, for: water/sewage, gas, electricity, introduction of district heating plants, communications - including fibre optic, as well as modernisation and/or rehabilitation of streets;d) by the district mayors of Bucharest Municipality, for all types of construction works and town planning in the districts, except for those provided in letter a), point 1 and 2 and in letter c);e) by the mayors of villages, for private houses and households annexes, with the advisory of the specialised structures of the county councils, for other constructions and works in the built-up area of the towns, except those stipulated by letter a).Article 5
(1) With a view to simplifying the authorisation procedure, the issuer of the authorisation shall be obliged to organise specialised structures, with a view to issuing the unique agreement, and with a view to obtaining, on behalf of the applicant, the legal advisory opinions necessary for licensing, for:a) the connection to the utility networks, under the terms imposed by the characteristics and by the siting of the energy or technological transport networks in the siting area;b) the connection to the network of the ways of communication;c) the fire prevention and fighting, civil defence, environment protection and the protection of the health of the population.(2) In order to ensure the operation of the specialised structures, the county and local councils may establish fees depending on the type of work, in ratio to the number of necessary advisory opinions, under the terms of the law.Article 6
(1) The city planning certificate is the information document by which the authorities provided in Article 4, in compliance with the provisions of the city plans and of the regulations related to these or of the plans of town and county planning, as the case may be, endorsed and approved according to the law, inform the applicant on the elements on the legal, economic and technical regime of the land and constructions existing on the date when the application was made and establish the urbanistic conditions to be satisfied depending on the specific nature of the site, as well as the list which includes the legal advisory opinions and agreements, necessary with a view to obtaining the authorisation.(2) The city planning certificate shall be issued by authorities provided in Article 4, empowered to authorise the construction works, and shall be issued to the applicant within 30 days at the most from the date when the application was registered, specifying mandatorily the purpose for such issuing.(3) The city planning certificate shall be signed by the president of the county council or by the mayor, as the case may be, by the secretary or the chief architect or by the person in charge in the field of town and county planning and city planning in the own apparatus of the issuing public administration authority, while the responsibility of issuing it shall devolve on the signatories, according to the attributions established under the law.(4) With a view to issuing the city planning certificate the applicant - any natural or legal person concerned - shall address to the authorities provided in Article 4 an application which should include both the elements for the identification of the building for which the city planning certificate is issued and the elements which define the purpose of the application.(5) The city planning certificate does not grant the right to execute construction works.(6) The city planning certificate shall be also issued, according to the law, in order to grant land, to adjudicate by auction the designing of public works in the phase "Feasibility study" and for petitions in court and notary operations on the real estate circulation when such operations have as object divisions or amalgamations of plots requested for the purpose of conducting construction works, as well as the establishment of a right of way concerning the building. The legal operations mentioned shall be carried out only based on the city planning certificate, and the non-compliance with these provisions shall be sanctioned with the nullity of the act.Article 7
(1) The construction authorisation shall be issued within 30 days at the most from the date when the application was registered, based on the documentation submitted with the authorities provided in Article 4, which shall include:a) the city planning certificate;b) proof of holding the title over the land and/or constructions;c) the project for obtaining the authorisation of the execution of the construction works;d) the necessary legal advisory opinions and agreements, established in the city planning certificate;e) proof of having paid the legal fees.(2) The project for the authorisation of the execution of construction works shall be drawn out of the technical project and shall be elaborated in accordance with the framework-contents provided in Annex No. 1, in compliance with the requirements of the city planning certificate, containing the advisory opinions and agreements required by the certificate, shall be drawn up, signed and checked, under the law.(3) In case an incomplete technical documentation is submitted, it shall be returned to the applicant within 5 days from the registration date, by mentioning in writing the elements necessary for its completion.(4) The execution of the construction works may only be made based on the technical project and the design features.(5) The authority issuing the construction authorisation shall establish a validity period of 12 months at the most from the issuing date, a period during which the applicant shall be obliged to start the works. In this case, the validity of the authorisation shall be extended over the entire length of the works provided in the authorisation, in compliance with the technical project.(6) Failure to start the works or failure to finish the works within the fixed deadlines shall lead to the loss of the authorisation validity, and the issuing of a new construction authorisation shall be needed. In case the features are not changed as compared to the initial authorisation, a new construction authorisation may be issued, without being necessary a new city planning certificate.(7) By exception from the provisions of paragraph (6), in a well-grounded situation when the construction works can not start or when they can not be completed until the fixed deadline, the investor may request the issuing authority the extension of the authorisation at least 15 days before it expires. The extension of the authorisation validity may only be granted once and for a period not longer than 12 months.(8) The investor shall be obliged to notify the authority issuing the construction authorisation, as well as the territorial inspectorate for constructions on the date when the authorised works are bound to start. Otherwise, if the finding of the fact that the works had started without prior notice was carried out within the validity term of the authorisation, the day following the date when the authorisation has been issued shall be considered as the date when the work has began.(9) Simultaneously with the submission of the application for the issuing of the construction authorisation the applicant shall be obliged to submit an affidavit which should reflect that the real estate - land and/or constructions - is not subject to a dispute on the list of cases of a court of law. Otherwise, the documentation shall be returned to the applicant, which shall submit it for authorisation only after the final settlement of the dispute in court.(10) By exception from the provisions of paragraph (9), the consolidation works for the multi-storied buildings classified in a technical expert's report in the 1st class of seismic risk and which constitute a public hazard shall be authorised in an emergency regime, under the terms provided in paragraph (16), even if there are several disputes on the list of cases of the courts of law.(11) There shall not be issued temporary authorisations under the present law.(12) The construction/demolition authorisation shall only be issued based on a complete documentation, in accordance with the framework-contents provided in Annex No. 1, except for the cases provided in paragraph (16).(13) The construction authorisation shall be signed by the president of the county council or by the mayor, as the case may be, by the secretary or the chief architect or by the person in charge in the field of town and county planning and city planning in the own apparatus of the issuing public administration authority, while the responsibility of issuing it shall devolve on the signatories, according to the attributions established under the law.(14) The validity of authorisation shall be preserved in case the investor is changed, before the works are finished, provided that the provisions of the authorisation and the transcription of the acts granting the construction right are complied with.(15) In case during the execution of works, and only in the validity period of the construction authorisation, theme changes regarding the authorised construction occur, leading to the need to change the construction, the holder shall be obliged to apply for a new authorisation, according to the law. In order to obtain the new authorisation the applicant shall submit a new documentation, drawn up provided that the new proposals fall within the provisions of the approved city planning documentations and only within the limits of the advisory opinions and agreements obtained for the initial authorisation. The issuing of a new city planning certificate shall not be needed.(16) The construction authorisation for the first necessity intervention works in case of damages, technical accidents, disasters or other exceptional events, including for the constructions provided in Article 3 b), shall be issued immediately by the authorised public administration authority, according to the law, following that the necessary legal documentation is finalised throughout or at the end of the works, with the observance of the legal advisory opinions.(17) The mayoralties may dismantle the constructions, which are under the property of the administrative and territorial unit, in an advanced state of degradation and which endanger the public health, except for the constructions which are historical monuments, based on the demolition authorisation issued under the terms of paragraph (16), being obliged to draw up specific documentations in compliance with the provisions included in Annex No. 1.(18) The fee for the issuing of the construction authorisation shall be calculated according to the law.(19) The fee for the extension of the validity of the construction authorisation shall be calculated for 30% of the initial amount of the authorisation fee.(20) The institutions authorised by law to issue advisory opinions and agreements with a view to authorising the construction works, other than those provided in Article 5 (1), shall be obliged to issue them within maximum 15 days from the date when the application/documentation, as the case may be, has been registered, directly to the structures organised by the county and local councils, or, as the case may be, to the applicant.Article 8
(1) The demolition, dismantling or breaking up, in part or in full, of the constructions and installations related to the constructions, of technical installations and tools, including construction elements for their support, closing down quarries and surface and underground exploitation, as well as of any arrangements shall only be made based on the demolition authorisation previously obtained from the authorities provided in Article 4.(2) The demolition authorisation shall be issued under the same terms as the construction authorisation, in compliance with the provisions of the plans for city planning and of the regulations related to these, according to the law, with the exceptions provided in Article 11.Article 9
(1) The projects for the authorisation of the execution of construction works, as well as the technical projects, based on which they are drawn up, shall be elaborated by specialised technical staff, they shall be assumed and signed by the technical personnel with a degree in a higher education institution only from the field of architecture, constructions and installations for constructions, as follows:a) by the architect holding a degree recognised by the Romanian State, for the design of the architectural part for the investment objectives included in all important categories of the overground and underground constructions;b) by the construction and installation engineers, holding a degree recognised by the Romanian State, for the engineering parts in specific fields, for the investment objectives included in all important categories of the overground and underground constructions, as well as for the installations related to these;c) by the architect surveyor, city planning specialist and/or engineer, holding a degree recognised by the Romanian State, for the buildings of a reduced importance and located outside the protected areas, established according to the law;(2) The provisions of paragraph (1) shall also apply for the execution documentation.(3) The persons provided in paragraph (1) who sign the documentations shall engage their liability under the law.Article 10
In order to authorise the execution of construction works in the areas where there has been instituted, according to the law, a certain protection regime provided in the plans for town and county planning and in the approved city planning documentations, the following steps shall be taken:a) in the architectural piles, architectural and city planning reservations, in case of archeological sites, of parks and gardens treated as historical monuments, included in the lists approved according to the law, as well as in case of any kind of works in the protection areas of monuments, the applicant shall obtain the joint advisory opinion of the Ministry of Culture and Denominations and of the Ministry of Transports, Constructions and Tourism, according to the specific competences;b) in case of intervention works on constructions treated as historical monuments, along with the advisory opinion of the Ministry of Culture and Denominations there must be also obtained the advisory opinions specific to the construction quality requirements, according to the legal provisions;c) in the natural protected areas, established according to the law, in the safety and protection areas of the hydro-technical arrangements of public interest, as well as in other protected areas the applicant shall obtain the advisory opinion of the Ministry of Environment and Water Administration and of the Ministry of Agriculture, Forests and Rural Development;d) in the safety and protection areas of the transport infrastructure of public interest, as well as in the areas related to the construction of the ways of communication, established by the documentations for the town and county planning and/or city planning, the authorisation from the Ministry of Transports, Constructions and Tourism must be also obtained, according to the legal provisions;e) in the areas where another kind of restriction has been instituted the applicant shall obtain the advisory opinion of the competent bodies.Article 11
(1) There may be executed without the construction authorisation the following works which do not change the resistance structure, the initial features of the constructions or their architectural appearance:a) repairs for the enclosures, roofs, covers or terraces, when their shape and the materials for their execution are not modified;b) repairs and replacements of inside and outside woodwork, if the shape, size of the gaps and of the woodwork are preserved;c) repairs and replacement of heating stoves;d) inside painting and dying;e) outside painting and dying, if the facade elements and colours of the buildings are not changed;f) repairs for the inner installations, outside branch pipes and connections, of any kind, related to the constructions, inside the property, the assembly of the local systems of heating and preparing of the hot household water with homologated boilers, as well as the assembly of the individual devices for the climatisation and metering of the utility consumption;g) repairs and replacements of floors;h) repairs and replacements of inside and outside finishings - plasters, veneerings and the like -, for pavements, support walls and access stairs, without changing the quality and appearance of the construction elements;i) maintenance works for the ways of communication and for the related installations;j) investigation, research, expert's report, preservation and restoration works for the artistic elements of the constructions provided in Article 3 b), with the advisory opinion of the Ministry of Culture and Denominations and of the county and local public administration authority, as the case may be;k) drilling and geotechnical well works for the constructions of normal or reduced importance, located outside the protection areas instituted for aquiferrous deposits;l) works for funeral underground and overground constructions, with the advisory opinion of the cemetery administration.(2) There may also be executed without a construction authorisation the works for placing booths, covered or closed stands, destined for the spreading and marketing of newspapers, books and flowers, placed directly on the ground, without foundations and platforms, as well as without connections and or branch pipes to urban utilities, except for electrical energy.(3) If the works provided in paragraph (1), except for those provided in letter e) and j), are executed for the constructions mentioned in Article 3 b), the issuing of the construction authorisation shall be mandatory.Article 12
(1) The construction or demolition authorisations, issued in violation of the legal provisions, may be cancelled by the administrative disputed claims courts, according to the law. The cancellation of the construction or demolition authorisations may be also requested, under the terms of the law, by the prefect, including at the express intimation of the control bodies of the State Inspectorate for Constructions.(2) When the proceedings are instituted the construction or demolition authorisation shall be suspended by right and, therefore, the court shall order the cessation of works until the settlement of the merits of the case.Chapter II Granting of land for constructionsArticle 13
(1) Land which belong to the private domain of the state or of the administrative and territorial units, destined for construction, may be sold, granted or rented by public auction, according to the law, provided that the provisions of the city planning and town and county planning documentations, approved according to the law, are complied with for the purpose that the holder carries out the construction.(2) Land which belong to the private domain of the state or of the administrative and territorial units may only be granted with a view to erecting the constructions or the objectives of public use and/or interest, in compliance with the city planning documentations approved according to the law.(3) The granting shall be made based on tenders submitted by the applicants, with the observance of the legal provisions, following up the turning to account of the land potential.Article 14
Until the regulation by law of the legal status, the land without constructions, which are in the administration of the local councils and may be claimed by the former owners may not be subject to granting.Article 15
By exception from the provisions of Article 13 (1), the land destined to construction may be granted without public auction, by paying the due fee established according to the law, or they may be given for use for a definite time, as the case may be, in the following cases:a) for the achievement of the public utility or charity objectives, of a social nature, without lucrative purpose, others than those achieved by the local collectivities on their land;b) for the construction of dwellings by the National Agency for dwellings, according to the law;c) for the construction of dwellings for young people until the age of 35;d) for changing the location of the households affected by disasters, according to the law;e) for the extension of constructions on neighbouring lands, at the request of the owner or with the owner's consent;f) for works for the protection and enhancing the value of the historical and architectural monuments, with the joint advisory opinion of the Ministry of Culture and Denominations and of the Ministry of Transports, Constructions and Tourism, when the land is located in their protection area.Article 16
(1) The land provided in Article 13, subject to auction, shall be disclosed to the public by the mayors of the administrative and territorial units where they are located, in a publication posted at their headquarters and printed in at least two widespread newspapers, by minimum 20 days before the auction date.(2) The publications regarding the auction shall include the date and place where it is held, the surface and the destination of land, established by the city planning documentations, as well as the minimal annual due fee.(3) The tender of the applicants shall be accompanied by a pre-feasibility or a feasibility study, as the case may be, mandatorily including the technical elements necessary for characterising the functionality and the construction capacity, the occupation degree of the land, as well as of the other elements included in the city planning certificate. Only the offers complying with the provisions of the city planning documentations, approved according to the law, shall be accepted.(4) The auction shall be carried out, under the terms of the law, by the commissions established for this purpose, by a decision of the local and/or county councils, or of the General Council of the Bucharest Municipality, respectively, in compliance with the authorisation competences established in Article 4. The commissions shall operate at the headquarters of the local councils in the administrative-territorial jurisdiction of which the lands are located.Article 17
The minimum limit of the price of the grant shall be established, as the case may be, by the decision of the county council, of the General Council of the Bucharest Municipality, or of the local council, so as to ensure the recovery in 25 years of the land sale price, under market conditions, to which the cost of the related infrastructure works shall be added.Article 18
The land provided in Article 13, which are granted for the construction of dwellings and spaces associated to these, depending on the provisions of the local regulations of the city planning, approved by the law, shall have the following areas:a) in urban localities:1. up to 450 sq.m. for a flat in a building with ground floor or with ground floor and storey;2. up to 300 sq.m. for a flat in a building with ground floor and storey, with two flats;3. up to 250 sq.m. for a flat, in case of buildings with ground floor and several storey, having 6 flats at the most;4. for the buildings with more than 6 flats, the land area shall be established according to the city planning documentations;b) in the rural localities, up to 1 000 sq.m. for one dwelling.Article 19
For the construction of a holiday residence a land of a surface of up to 250 sq.m. may be granted.Article 20
Against the auction, until the adjudication time, an appeal may be filed, by any person concerned, at the court of first instance in the jurisdiction of which the auction is held. The appeal shall suspend the holding of the auction until its final settlement.Article 21
Based on the official report for the adjudication of the auction or on the decision of the local council or of the General Council of the Bucharest Municipality, respectively, for the cases provided in Article 15, the grant act shall be concluded and shall be registered by the tranferer in the real estate publicity records, within 10 days from the adjudication date or from the date when the decision has been issued.Article 22
The granting of lands provided in Article 13 - 19 shall be carried out in accordance with the provisions of law, and its length shall be established by the local councils, the county councils, or the General Council of the Bucharest Municipality, respectively, depending on the provisions of the city planning documentations and on the type of construction.Article 23
(1) The land within the built up area of the localities shall be established by the general urban plans - GUP -, approved according to the law.(2) After the approval of the General Urban Plan, some of the land outside the built up area may be also included within the built up area of the localities, only under well-grounded conditions based on zonal urban plans - ZUP -, approved according to the law.(3) The land destined to constructions shall be taken off the agricultural circuit, on a temporary or permanent basis, according to the law.Chapter III Liabilities and sanctionsArticle 24
(1) The following facts shall be considered offences:a) the execution of works provided in Article 3 b), without a construction or demolition authorisation or by the non-compliance with its provisions;b) the continuance of the works after the control bodies ordered that they cease;c) the drawing up and signing of technical projects, as well as of the projects for the authorisation of the construction works for other specialities than the ones certified by university degree, under the terms provided in Article 9.(2) The offences provided in paragraph (1) shall be punished by imprisonment from 3 months to 3 years or with a fine from ROL 1 000 000 to ROL 50 000 000.Article 25
In case of committing the offences provided in Article 24, the control bodies provided by the present law, which found the fact, shall be obliged to notify the criminal prosecution bodies.Article 26
(1) The following facts shall constitute contraventions, unless they have been committed so as to be considered offences, according to the law:a) the full or partial execution or cancellation without authorisation of the works provided in Article 3, except for those mentioned in letter b), by the investor and performer;b) the execution or cancellation, by the non-compliance with the provisions of the authorisation and of the technical project, of the works provided in Article 3, except for those mentioned in letter b), by the investor and performer;c) the approval of the supply of urban utilities, as a result of executing works with branch pipes and connections to networks for unauthorised new constructions;d) the maintaining of temporary works and arrangements after the expiry of the time limit provided in the authorisation or after the authorised works have been completed or the adjustment of constructions to other purposes than those provided in the authorisation;e) the failure of the investor to bring the land to its original state, after the completion of the works provided in Article 3 c), as well as the failure to carry out the cleaning, arrangement or clearance works, as the case may be, of the site and/or of the related land temporarily occupied in the execution period, at the same time with the finalisation of the main works;f) the hindrance or avoidance of the control, by preventing the access of the authorised control bodies or by the failure to submit the requested documents and acts;g) the failure to announce the date when the authorised construction works start, in compliance with the provisions of Article 7 (8), as well as exceeding the legal time limit provided in Article 7 (1);h) issuing incomplete or erroneous city planning certificates, which do not include the list with legal advisory opinions and agreements necessary for the investment objective, or their release after the time limit;i) issuing construction/demolition authorisations:– in the absence of a real right over the real estate, which would grant the right to apply for the construction/demolition authorisation;– in the absence or with the non-observance of the provisions of the city planning documentations, approved according to the law;– based on certain incomplete documentations or on documentations elaborated with the non-observance with the provisions of the city planning certificate, of the Civil code, of the framework-contents of the project for the authorisation of the construction works, which do not include the necessary legal advisory opinions and agreements or which are not checked according to the law;– in the absence of the technical expert's report regarding the safety of the entire construction, in case of consolidation work;– based on other documents than those required by the present law;j) the failure to organise and exercise the control regarding the discipline in authorising and executing the construction works by the authorised departments within the own apparatus of the county councils and mayoralties, in their administrative and territorial units, according to the provisions of Article 27 (3) and (4), as well as the failure to follow up the manner in which the orders of the State Inspectorate for Construction are executed, according to Article 29 (3);k) the failure to fulfil, within the established time limit, the measures ordered by the State Inspectorate for Construction at the previous control;l) the unjustified refusal or the obstruction in any form of the access of the natural persons of the representatives of the legal persons to the documents provided in Article 34 (7);m) exceeding the time limit of 15 days for issuing the advisory opinions and agreements necessary for the authorisation of the construction works, according to the provisions of Article 7 (20).(2) The contraventions provided in paragraph (1), committed by natural or legal persons, shall be sanctioned with a fine, as follows:– from ROL 10 000 000 to ROL 100 000 000, for those provided in letter a);– from ROL 30 000 000 to ROL 75 000 000, for those provided in letter f);– from ROL 30 000 000 to ROL 40 000 000, for those provided in letter c);– from ROL 20 000 000 to ROL 75 000 000, for those provided in letters b), d) and e);– from ROL 10 000 000 to ROL 30 000 000, for those provided in letters h) and i);– from ROL 10 000 000 to ROL 25 000 000, for those provided in letters j) and k);– from ROL 10 000 000 to ROL 20 000 000, for those provided in letters l) and m);– of ROL 10 000 000, for those provided in letter g).(3) The amount of fines shall be updated on an annual basis by Government decision.(4) The sanction with the fine may also be applied to the representative of the legal person.(5) The sanction with the fine for deeds provided in paragraph (1) h) and i) shall be applied to the public servants in charge with the verification of the documentations underlying the issuing of the city planning certificates and the construction or demolition authorisations, as well as to the signatories, according to the attributions established under the law.Article 27
(1) The control bodies of the county councils and of mayoralties shall be obliged to follow up the observance of the discipline in the field of the authorisation of the construction works within their administrative and territorial units, according to the competences to issue the construction/demolition authorisations.(2) The chief architect of the county and the authorised personnel in the specialised department under its subordination shall follow up the compliance with the discipline in the field of the authorisation of the construction works on the administrative territory of the county, as well as the compliance with the discipline in the city planning and the town and county planning related to the construction authorisation process.(3) The contraventions provided in Article 26 (1), except for those in letters h) - m), shall be established and sanctioned by the control bodies of the local councils, of the municipalities, districts of Bucharest Municipality, town and communes, for the deeds committed in their administrative and territorial unit or, as the case may be, in the administrative territory of the districts of Bucharest Municipality, according to the competences to issue the construction/demolition authorisations.(4) The contraventions provided in Article 26 (1) h), i) and j) shall be established and sanctioned by the control bodies of the county councils, for the deeds committed on the territory of the county in question and, as the case may be, by the control bodies of the Bucharest Municipality.(5) The fact-finding reports of contraventions, drawn up by the control bodies of the local public administration shall be submitted, with a view to applying the sanction, to the head of department who coordinates the town and county planning and city planning activity or, as the case may be, to the president of the county council or to the mayor of the administrative and territorial unit where the contravention has been committed.(6) The contraventions regarding the execution or demolition of constructions without an authorisation, provided in Article 26 (1) a), c) and e), may be also established by the police bodies. The fact-finding report of the contravention shall be sent immediately to the public administration authority on the territory of which the contravention has been committed, and it shall apply the sanction according to the law.Article 28
(1) Simultaneously with applying the fines for the contraventions provided in Article 26 (1) a) and b) there shall be ordered the cessation of the works and, as the case may be, taking of measures so that they fall within the provisions of the authorisation or so that the works without authorisation are cancelled or with the non-observance of its provisions, within a time limit established in the fact-finding report of the contravention.(2) The decision to maintain or to cancel the constructions carried out without construction authorisation or with the non-observance of its provisions shall be made by the competent public administration authority, based on the plans for the city planning and on the related regulations, endorsed and approved under the terms of the law, or, as the case may be, by the court. For works performed for the buildings provided in Article 3 b) the advisory opinion of the Ministry of Cults and Denominations shall be necessary.(3) The measure of demolishing the constructions shall be also applied in case the offender has not obtained the necessary authorisation, at the expiry of the time limit for abiding the law established in the fact-finding report of the contravention.Article 29
(1) The control of the state over the town and county planning, city planning and authorisation of the execution of construction works shall be exercised by the State Inspectorate for Constructions, on the entire territory of the country, and by its territorial inspectorates, which shall order the measures and sanctions provided by the present law.(2) The State Inspectorate for Constructions and the territorial inspectorates may order the cessation of construction or demolition works, as the case may be, when it is ascertained that they are carried out in violation of the legal provisions, of the requirements for ensuring the construction quality, without the technical project or based on certain unlawfully issued authorisations.(2) The State Inspectorate for Constructions and the territorial inspectorates shall notify the public administration authority on the territory of which the control over the fact-findings and the measures ordered has been exercised. In this case the control bodies of the county or local councils, as the case may be, shall be obliged to follow up the compliance with the orders of the State Inspectorate for Constructions.Article 30
(1) The expenses for the control of the state over the town and county planning, city planning and authorisation of the execution of construction works shall be covered by the investors, with an equal value with a 0.1% quota of the value of the authorised works, except for those provided in Article 3 b) and of the cult houses.(2) The transfer of the amounts established according to the provisions of paragraph (1) shall be made in the account of the county or the Bucharest Municipality territorial inspectorates for construction, as the case may be, at the same time with sending the notification on the date when the works start, as provided in Article 7 (8). The delayed payment of the quota provided in paragraph (1) shall be sanctioned by 0.15% per day of delay, without exceeding the amount owed. The available amounts at the end of the year from the extrabudgetary incomes shall be carried forward to the next year and shall have the same destination.(3) The quota established in paragraph (1) shall be also applied to the differences resulted from the updating of the authorised works, which is carried out at the same time with the receipt at the end of the works.Article 31
The right to establish the contraventions and to apply the fines provided in Article 26 shall be prescribed within 2 years from the date when the deed has been committed.Article 32
(1) In case the persons contraventionally sanctioned ceased the works, but they did not comply within the time limit with the orders in the fact-finding report of the contravention, according to the provisions of Article 28 (1), the body having applied the sanction shall notify the courts of law so that they order the following, as the case may be:a) the compliance of the works with the provisions of the authorisation;b) the demolition of unlawful constructions.(2) In case the application is admitted, the court shall establish the time limits for the execution of the measures provided in paragraph (1).(3) In case the established time limits are not observed, the measures ordered by the court, in compliance with the provisions of paragraph (2), shall be carried out through the good offices of the mayor, with the support of the police bodies, and the expenses shall be covered by the guilty parties.(4) In the cases provided in Article 24 the control bodies may ask the court to order, by the conviction decision, the measures mentioned in paragraph (1). The control bodies may request the intimated criminal prosecution bodies and, as the case may be, the court to order as temporary measure the cessation of the works for the period of the criminal proceedings.(5) The persons having benefited from a subsidy for the construction of dwellings and for which the measure provided in paragraph (1) b) has been ordered shall return the subsidies received, also paying the legal fees for the period they used the subsidies.Article 33
(1) By derogation from the provisions of Article 32, the constructions performed without a construction authorisation on lands belonging to the public or private domain of the State, of the counties, towns or communes may be cancelled by an administrative decision by the competent local public administration authority, without the intimation of the courts of law and on the expense of the offender.(2) In order to carry out the provisions of paragraph (1) the communal, town, municipal or county local councils may contract the carrying out of these services with trading companies, under the terms of law.Article 34
(1) The studies on land and the documentations elaborated with a view to achieving any kind of investments, the infrastructure elements, communal administration, as well as works for the town and county planning and city planning - systematisation studies and projects elaborated before 1990 at the order of the former people's councils or of other state institutions - are and remain public property of the county or of the Bucharest Municipality.(2) Within the meaning of the present law, studies and documentations provided in paragraph (1) means the witness-copy made of the written parts: the design theme, general written statements and written statements per specialities, calculation summaries, advisory opinions and agreements obtained, as well as the designed parts.(3) The archives which include the studies and documentations provided in paragraph (1), entered, at the moment of being established, in the patrimony of the trading companies established on the structure of the former county and Bucharest Municipality design units, shall be managed, according to the law, by the county councils, or by the Mayoralty of the Bucharest Municipality, respectively.(4) The inventory of the archives shall be carried out by the commissions set up for this purpose by decisions of the county councils, or of the General Council of the Bucharest Municipality, respectively.(5) The refusal to carry out the inventory and/or to hand over the studies and documentations shall be sanctioned according to the Law on the National Archives No. 16/1996, with subsequent amendments.(6) In case of refusal to hand over the archives, the county councils and/or the Mayoralty of the Bucharest Municipality, as the case may be, shall address to the courts of law, which shall settle the petitions under emergency regime, according to the law. The court proceedings shall be exempt from the stamp fee.(7) The access of the natural persons or of the representatives of the legal persons to the archives which include the documentations provided in paragraph (1), as well as to the city planning documentations subsequently elaborated and managed by the local public administrations, with a view to drawing up the execution documentations, shall be established by decision of the county council, or of the General Council of the Bucharest Municipality, respectively.Article 35
(1) Under the terms of the present law, the description of the deed constituted as contravention shall be made by indicating the place, date and hour of the fact-finding, in compliance with the provisions of Article 31.(2) Against the fact-finding and sanctioning report of the contravention a complaint may be filed within 15 days from the date it has been handed over or communicated. The complaint shall suspend the applying of the sanction with a fine, but it shall not suspend the measure of cessation of works, ordered at the same time with the applying of the contraventional sanction, under the terms of Article 28 (1) and of Article 29 (2).(3) To the extent to which the present law does not provide otherwise, the provisions of the Government Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and additions by the Law No. 180/2002, with subsequent amendments, shall be applicable, except for the provisions of Article 28 and 29.*)_________ *) Article 35, the former Article 30, amended by the Law No. 453/2001 and the Law No. 401/2003, was made up of 4 paragraphs. Paragraph (4), which had the following contents: "(4) To the extent to which the present law does not provide otherwise, the provisions of the Law No. 32/1996 shall be applicable.", was not expressly modified or repealed by the Law No. 401/2003. Paragraph (3) of Article 35, as modified by the Law No. 401/2003, has taken over the provisions of paragraph (4), with a reference to the Government Ordinance No. 2/2001. Paragraph (4) of Article 35 shall not be included in the republished version, since the application of this text ceases at the same time with the repeal of the Law No. 32/1968 by the Government Ordinance No. 2/2001.Chapter IV Final and transitory provisionsArticle 36
(1) The natural and legal persons, deriving advantage from a land under the terms of the present law, shall be obliged to request the construction authorisation and to start construction within one year at the most of the date when the act for the grant of land has been obtained.(2) In case of violation of the obligation provided in paragraph (1) the granting shall lose its validity.Article 37
(1) The natural and legal persons performing construction works under the terms of the present law shall be obliged to fully perform the works until the time limit provided in the authorisation.(2) The authorised construction works shall be considered finished if all the elements provided in the authorisation have been completed and if the reception at the end of the works has been carried out, under the terms of the law, and the issuing of the operation authorisation shall be conditional upon the existence of the reception report. The carrying out of the reception at the end of the works shall also be mandatory in case of carrying out the works under its own supervision.(3) At the end of the works, the beneficiary of the construction authorisation shall be obliged to regularise the fee for the construction authorisation, according to the law.(4) At the same time with the fee regularisation provided in paragraph (3), the beneficiaries of the construction authorisation shall also regularise the other quotas provided by law.(5) The constructions carried out without a construction authorisation or with the non-observance of its provisions, as well as those which did not carry out the reception at the end of the works, according to the law, shall not be considered finalised and they may not be inscribed in the land book. In this case the sanctions provided by the law shall further apply.Article 38
(1) The works for constructions which can no longer be finalised according to the provisions in the construction authorisation, including the lands near these shall be public utility works.(2) With a view to carrying out the works provided in paragraph (1), the local public administration authority on the territory of which the constructions are located shall apply the provisions of the Law No. 33/1994 on the expropriation for reasons of public utility, and the buildings may be passed from the public property into the private property and turned to account, under the terms of the law.Article 39
All constructions which are private property, carried out under the terms of the present law, shall be declared, with a view to taxation, at the territorial financial bodies or at their subordinated units, after their are completed and not later than 15 days from the expiry of the time limit provided in the construction authorisation.Article 40
(1) In case in a building there are several flats and housing areas built with other destination, their owners shall also acquire a share of the ownership over all parts of the building and installations, as well as over all endowments which, due to their nature, can only be used jointly, irrespective of the part of the building, entrance or floor where their property is located.(2) At the same time with the property right over the constructions, in case of those performed in buildings with several flats, the owner shall also acquire a share of the granting right over the land belonging to the private domain of the state or of the administrative and territorial units.(3) The shares provided in the previous paragraphs shall be determined at the same time with the built area of the dwellings, of the holiday residences or of the surfaces with other destination from the building, as the case may be.Article 41
The grant right over the land shall be transmitted in case of succession or alienation of the construction for the erection of which it has been build. The construction authorisation shall be transmitted under the same conditions.Article 42
(1) The construction authorisation for the intervention works for the purpose of ensuring the requirements of resistance, stability and safety in exploitation of the constructions affected by natural or human damaging factors shall be issued for the consolidation of the entire construction.(2) The issuing of the construction authorisation with a view to performing the intervention works for the consolidation of constructions for dwellings, of the historical monuments written down in the official lists, irrespective of the owner, except for those where trading activities are carried on, as well as of the cult houses shall be exempt from the licensing fee.Article 43
The licensing of military constructions shall be made under the terms established by the Ministry of Transports, Constructions and Tourism, together with the ministries and the other specialised bodies of the central public administration concerned.Article 44
(1) Under the present law, with a view to achieving a unitary legal framework on the authorisation of the construction works, all the technical regulations - norms, statutory instruments, guidelines -, applicable in the field of constructions and city planning, elaborated by the ministries and other central bodies, shall be transmitted mandatorily for endorsement to Ministry of Transports, Constructions and Tourism.(2) The ministries and the other central bodies which have elaborated technical regulations, according to the provisions of paragraph (1), shall be obliged to transmit them to the Ministry of Transports, Constructions and Tourism, for endorsement within 30 days from the date when the present law is published, under the sanction of ceasing their applicability.Article 45
(1) Within 60 days from the publication of the present law, the county councils, General Council of the Bucharest Municipality, as well as the municipal, town local councils, and the local councils of the districts of the Bucharest Municipality shall organise, within their own apparatus, specialised structures for the carrying out of the attributions of the chief architect, public servant with management position, the head of the department/of the specialised structure, with attributions in the field of city planning, of town and county planning and the authorisation of the construction works, and for:a) endorsement of the documentations of town and county planning and of city planning, as well as the issuing of the city planning certificate;b) obtaining the advisory opinions required by the city planning certificate, necessary with a view to issuing the unique agreement;c) drawing up and issuing the construction/demolition authorisation;d) organising and exercising the own control over the discipline in constructions.(2) The local council of the commune may organise specialised structures at the level of its own apparatus, under the terms provided in paragraph (1), based on a decision adopted for this purpose.(3) The specialised structures established within the county councils shall grant specialised technical assistance, shall analyse and endorse the documentations submitted for the city planning certificates and the construction authorisations in the issuing competence of the mayors of the communes which do not have specialised structures, under the terms of paragraph (2) and of Article 4 (1) d), at their request.(4) In case, due to the lack of specialists, the specialised structures provided in paragraph (1) can not be established at the level of towns and of municipalities the provisions of paragraph (3) shall apply accordingly.(5) The position of chief architect, provided in paragraph (1) shall be written down in the list of management positions of the own apparatus of the county and local councils and it shall be considered the equivalent of:a) head of department or general manager, for the chief architect of the Bucharest Municipality or for the county chief architect, municipality chief architects, as well as of the districts of the Bucharest Municipality, respectively;b) head of a service, for the town chief architects;c) head clerk, for the persons with responsibilities in the field of town and county planning, city planning and authorisation of the construction works within the mayoralties of the communes, heads of the specialised structures organised at this level, under the terms provided in paragraph (2).(6) In order to establish a database, all holders of overground and underground technical and municipal networks shall be obliged to transmit, within 60 days from the coming into force of the present law, to the county and Bucharest Municipality public administration the cadastral plans including the routes of the networks existing on the territory of the county and of the localities, or of the Bucharest Municipality, respectively.Article 46
By a Government decision, within 30 days from the date of coming into force of the present law, there shall be established the Interdepartmental Commission for Protected Built Areas, for the issuing of the advisory opinion of the Ministry of Culture and Denominations and of the Ministry of Transports, Constructions and Tourism, provided in Article 10 (1) a) and in Article 15 f).Article 47
Annex No. 1 on the framework-contents of the project for the authorisation of the construction works and Annex No. 2 on the definition of certain specialised terms used within the law shall be an integral part of the present law.Article 48
On the date of coming into force of the present law, the Law No. 4/1973 on the development of the construction of dwellings and selling of dwellings from the State fund to the population, published in the Official Bulletin No. 46 of 31 March 1973, the Decision of the Council of Ministers No. 880 of 16 July 1973 for the establishing of the measures for the execution of the provisions of Law No. 4/1973 on the development of the construction of dwellings, selling of dwellings from the State fund to the population and building rest homes on private property, published in the Official Bulletin No. 108 of 20 July 1973, the Decree No. 144/1958 on the regulation of issuing the authorisations for construction, repair and demolition of buildings, as well as of those referring to the alienation and division of lands with or without construction, published in the Official Bulletin No. 15 of 29 March 1958, the Decree No. 545/1958 on the regulation of construction siting, as well as on passing in the state ownership the lands and construction necessary for carrying out certain works or actions of state interest, published in the Official Bulletin No. 41 of 30 December 1958, the Decision of the Council of Ministers No. 2.490/1969 on establishing and sanctioning the contraventions to the norms regarding the siting and the authorisation of the construction, repair and demolition of buildings and of other works, published in the Official Bulletin No. 158 of 31 December 1969, as well as any other contrary provisions shall be repealed. ANNEX 1 FRAMEWORK-CONTENTS of the project for the authorisation of the execution of the construction works The project for the authorisation of the execution of the construction works shall be elaborated by the authorised designers, natural or legal persons, under the terms of Article 9 of the present law, and it is taken off the technical project drawn up according to the legal provisions in force, in accordance with the requirements of the city planning certificate, containing the advisory opinions and agreements required by it. The project for the authorisation of the execution of the construction works shall be drawn up for:– the authorisation of the execution of the construction works - P.A.C.;– the authorisation of the execution of the demolition works - P.A.D.;– the authorisation of the execution of the organisation of works - P.O.W. The framework-contents of the project for the authorisation of the construction works shall include the register of the written and designed parts, necessary in order to be submitted for authorisation. In exceptional situations, depending on the complexity of the investment subject to licensing, the specialised structures established according to the present law may also request by the city planning certificate other technical elements as additional mentions, which should be included in the Project for the authorisation of the execution of the construction works - P.A.C./P.A.D.A. The Project for the authorisation of the execution of the construction works - P.A.C.I. Written parts1. List and signatures of the designers To be filled in with the name and the quality of the designers, as well as with the part of the project of which they are in charge.2. Written statement2.1. General data: Description of works subject to project for the authorisation of the execution of the construction works, with references to:– the siting, its topography, the setting out of works;– the climate and the specific phenomena of nature;– the geology and the seismic manifestations;– the importance category of the objective.2.2. Written statements per specialities Description of works such as:– architecture;– structure;– installations;– endowments and technological installations, as the case may be;– outside arrangements and vertical systematisation.2.3. Data and indexes characterising the designed investment, included in the annex to the authorisation application:– areas - unfolded constructed area, ground constructed area and useful area;– the height of the buildings and the number of floors;– the volume of the constructions;– the land occupation percentage - L.O.P.;– the land use coefficient - L.U.C.2.4. The general estimate of works to be done, drawn up in accordance with the legal provisions in force.2.5. Annexes to the written statement2.5.1. Geotechnical study2.5.2. The project verification reports, in accordance with the legislation in force on the construction quality, drawn up by inspectors certified by the Ministry of Transports, Constructions and Tourism and agreed upon by the investor.2.5.3. Technical sheets necessary for the obtaining of the advisory opinions with a view to issuing the unique agreement in the competence of the authorisation issuer, according to the law, required in the city planning certificate.2.5.4. Specific documentations necessary for obtaining, through the good offices of the authorisation issuer, of the advisory opinions and agreements on the fire prevention and fighting, civil defence, environment protection and the protection of the health of the population.2.5.5. Specific advisory opinions required in the city planning certificate, as a result of the special conditions of investment siting or functionality, previously obtained by the applicant - the advisory opinion of the Ministry of Transports, Constructions and Tourism, the Ministry of Culture and Denominations, the Ministry of National Defence, the Ministry of the Administration and Interior, the Romanian Intelligence Service, of other bodies of the central administration or of their decentralised services, as the case may be, according to the legal regulations in force.2.5.6. The agreement of the neighbours, according to the legal provisions, expressed in authentic form, for the new constructions, placed near the existing constructions or in their close vicinity - and only if intervention measures for their protection are needed -, for construction works necessary with a view to changing the destination in the existing buildings, as well as in case of siting of constructions with other destination than the neighbouring buildings.II. Designed parts1. General plans1.1. Plan for placement of the construction within the territory– sketch on topographical support endorsed by the county office for cadastre, geodesy and cartography*), drawn up at the following scales: 1:10.000, 1:5.000, 1:2.000 or 1:1.000, as the case may be._________ *) According to Article 3 of the Law on cadastre and real estate publicity No. 7/1996, as amended by the Government Emergency Ordinance No. 41/2004, published in the Official Gazette of Romania, Part I, No. 509 of 7 June 2004, the National Agency for Cadastre and Real Estate Publicity has been established in the subordination of the Ministry of the Administration and Interior, by the re-organisation of the National Office for Cadastre, Geodesy and Cartography, while the county offices for cadastre, geodesy and cartography and those of the Bucharest Municipality have been reorganised into offices for cadastre and real estate publicity at the level of each county and of the Bucharest Municipality. The National Agency for Cadastre and Real Estate Publicity was organised and it operates pursuant to the Government Decision No. 1.210/2004, published in the Official Gazette of Romania, Part I, No. 718 of 9 August 2004.1.2. Site plan– on siting the investment objectives - sketch on topographical support endorsed by the county office for cadastre, geodesy and cartography, drawn up at the following scales: 1:10.000, 1:5.000, 1:2.000 or 1:1.000, as the case may be, where the following are stated: the cadastre plot for which the city planning certificate was issued, described by the all topographic elements determined for the surface, length of the sides, angles including the position and the height of the ridge of the bordering fire walls, as well as the position of the fixed and mobile setting out landmarks; siting of all constructions which will be maintained, demolished or built; the levels of the designed and maintained constructions, for all three dimensions (levels +/-0,00; elevation marks; siting distances; axes; levels of pavements, alleys, platforms, etc); the denominations and destinations for each construction block; the land vertical systematisation and the draining of the rain water; the pedestrian and practicable access ways in the precincts and the building, the specified plantations.1.3. The plan on the underground constructions It shall include their siting, especially of the city utility networks in the site area; routes, dimensions, elevation marks regarding the position of the chimneys - foundation plate and cover -, and it shall be written at the scale 1:500. In case of lack of public networks for the technical and municipal endowment the own installations provided in the project shall be indicated, especially those for water supply and sewage.2. Drawing boards per specialities2.1. Architecture The architecture designed parts shall include the main drawing boards regarding the architecture of each object, written on the scale 1:50 or 1:100, as follows:– the quoted plans of all the underground and overground levels, by indicating the functions, dimensions and areas;– the plans for the roofs - terrace or framing -, by indicating the draining slopes of the meteoritic waters and the way in which they are collected, including the indication of the materials of which the wrappers are made;– characteristic sections - especially on the longest line of slope, where appropriate - which must include the +/-0,00 quota, the quotas of all levels, the determining heights of the roof - the quotas at the ridge and at the cornice -, the foundations of the neighbouring buildings to which the designed constructions are added;– all facades, by indicating the materials and the finishings, including the colours, quoted and by indicating the connection at the level of the land development;– in case of integrating the constructions in an existing frontage, there shall also be presented the streets development which shall reflect their integration in the existing urban weave.2.2. Structure2.2.1. Foundation plan It shall be written at the scale 1:50 and the following shall be pointed out:– the observance of the requirements in the geotechnical study;– the measures for the protection of foundations of the neighbouring buildings, to which the designed constructions are added.2.2.2. Details regarding the foundations2.2.3. Complete structure project It shall be presented for constructions with several basements and at least 10 storey.2.3.1. Schemes of the installations The main parameters and the functional schemes of the designed installations shall be presented.2.4. Technological endowments and installations In case the investment is to function based on certain technological endowments and installations, determining the planimetric configuration of the constructions, the following shall be presented:2.4.1. General drawings2.4.2. Schemes of the technological flow Each drawing board presented within Section II "Designed parts" shall have on the lower right side a cartouche, which shall include: the denomination of the firm or of the designer who drew it up, the registration number or the authorisation number, as the case may be, the title of the project and of the drawing board, the number of the project and of the drawing board, the date when it was elaborated, the name, capacity and signature of the persons who drew it up and of the chief designer.B. The Project for the authorisation of the execution of the demolition works - P.A.D.I. Written parts1. List and signatures of the designers To be filled in with the name and the quality of the designers, as well as with the part of the project of which they are in charge.2. Written statement2.1. General data: Description of construction to be demolished:– brief background: year when it was erected, famous masters, other specific data;– description of structure, of the constituent materials, of the architectonic style;– the mention and description of the patrimony or decorative elements to be drawn;– coloured pictures - 9 x 15 cm format - of all facades, and where appropriate there shall be presented displays resulted from joining several pictures;– description of works subject to the project for the authorisation of the execution of the demolition works.2.2. Technical sheets including the elements of the advisory opinions necessary for the obtaining the unique agreement, obtained through the good offices of the authorisation issuer and required in the city planning certificate.II. Designed parts1. Plan for placement of the construction within the territory– sketch on topographical support endorsed by the county office for cadastre, geodesy and cartography*), drawn up at the following scales: 1:10.000, 1:5.000, 1:2.000 or 1:1.000, as the case may be.2. Site plan of buildings– sketch on topographical support endorsed by the county office for cadastre, geodesy and cartography, drawn up at the following scales: 1:10.000, 1:5.000, 1:2.000 or 1:1.000, as the case may be, where the following are stated: the cadastre plot for which the city planning certificate has been issued; siting all the constructions which will be maintained or demolished; the manner in which the land is developed after the constructions are demolished; the land vertical systematisation and the draining of the rain water; the existing plantations which are maintained after the demolition. On the drawing board there shall be indicated separately the existing elements, those which are demolished and those proposed - site plan, new constructions or earth gaps, plantations, etc., as the case may be.3. Plan regarding the underground constructions It shall include their siting, especially of the city utility networks in the site area: routes, dimensions, elevation marks regarding the position of the chimneys - foundation plate and cover -, and it shall be written at the scale 1:500. In case of lack of public networks for the technical and municipal endowment the own installations shall be indicated, especially those for water supply and sewage.4. Land surveying of constructions to be demolished The drawing boards shall be written at a suitable scale - 1:100 or 1:50 - which should allow the emphasis of the existing spaces and functions, by indicating the existing quotas, areas and materials:– plans of all levels and the plan of the roof;– main sections: transversal, longitudinal, other specific sections, as the case may be;– all facades. In case the demolition requires complex technical operations, the project for the organisation of works shall also be submitted. Each drawing board presented within Section II "Designed parts" shall have on the lower right side a cartouche, which shall include: the denomination of the firm or of the designer who drew it up, the registration number or the authorisation number, as the case may be, the title of the project and of the drawing board, the number of the project and of the drawing board, the date when it was elaborated, the name, capacity and signature of the persons who drew it up and of the chief designer.C. The Project for the organisation of the execution of works - P.O.W. The project for the organisation of the execution of works - P.O.W. - is required in the case an investment is carried out. In case it is not submitted together with the project for the authorisation of construction works, another authorisation shall be obtained separately from the one for the actual investment. The project for the organisation of the execution of works must include the description of all preparing temporary works and necessary with a view to ensuring the technology for the execution of works, both on the land of the investment and on the spaces temporarily occupied outside this land, including those on the public domain, as follows:I. Written parts1. List and signatures of the designers To be filled in with the name and the quality of the designers, as well as with the part of the project of which they are in charge.2. Written statement It shall include:– the description of the temporary works: the organisation of the precincts, the siting of the constructions, of the arrangements and of the storehouses for materials;– the provision and obtaining of materials and equipment;– the ensuring of the temporary connection to the urban utility network in the site area;– mentions regarding the access ways and enclosures;– mentions regarding the labour protection. The technical elements for endorsement regarding the temporary connection to the urban utility network in the area, necessary for obtaining the unique agreement, shall be presented within the technical sheets drawn up in the Project for the authorisation of the execution of the construction works - P.A.C. or P.A.D., as the case may be.II. Designed parts General plana) for the vast works a drawing board shall be carried out according to the site plan regarding the siting of investment objectives, including the siting of the investment and all arrangements and temporary constructions necessary for its carrying out;b) for smaller works the elements for the organisation of works may also be presented in the site plan regarding the siting of the investment objectives of the project for the authorisation of the execution of the construction works. Each drawing board presented within Section II "Designed parts" shall have on the lower right side a cartouche, which shall include: the denomination of the firm or of the designer who drew it up, the registration number or the authorisation number, as the case may be, the title of the project and of the drawing board, the number of the project and of the drawing board, the date when it was elaborated, the name, capacity and signature of the persons who drew it up and of the chief designer. ANNEX 2 DEFINITION of the specialised terms used within the law– Unique agreement The document bearing the value of an advisory opinion, necessary for the elaboration and issuing of the construction/demolition authorisation, drawn up based on the conclusions and proposals resulted from the examination and approval of the technical documentation submitted with a view to licensing, summing up the conditions and recommendations formulated by:a) the advisory opinions and agreements for urban utilities regarding the connection of the objective and of the execution of works to the urban utility networks (water/sewer, electricity, gas, district heating, telecommunications, sanitation, urban transport);b) the specific advisory opinions and agreements regarding the fire prevention and fighting, civil defence, environment protection and protection of the health of the population. The unique agreement shall be elaborated by the specialised structures established under the local public administration authority, under the terms of Article 5 (1).– Construction/demolition authorisation The authority act of the local public administration - county councils and municipal town and communal local councils -, based on which construction works may be performed. The procedure for the issuing of the construction/demolition authorisation shall be regulated by the present law and by the methodological norms elaborated by the Ministry of Transports, Constructions and Tourism.– Household dependencies The final or temporary constructions, meant to hold specific activities, complementary to the housing function, which, by their siting in the vicinity of the dwelling place, form together with the latter a distinct functional unit. In the category of household dependencies placed, as a rule, in the rural area, the following shall be included: summer kitchens, stables for big animals, barns, storehouses, warehouses and the like. Similarly, the following may also be assimilated to the notion of household dependencies: garages, greenhouses, pools and the like.– Household dependencies of agricultural exploitations The constructions located in isolated areas outside the built up area and remote from the residence locality of the farmers, meant to hold agricultural machines, equipment, small workshops, tools, other assets, including animals, as well as spaces for temporary accommodation during agricultural campaigns.– Endorsement/approval Endorsement - the procedure by which the points of view of a technical commission within the structure of the ministries, local public administration or of other central or territorial bodies concerned are analysed and expressed, having as object the analysis of the functional solutions, of the technical and economic and social indexes and of other elements presented by the documentations for town and county planning and city planning or by the project for the authorisation of the construction works - taken off the technical project (P. Th) based on which the works will be performed. The endorsement shall be materialised through an act (favourable or unfavourable advisory opinion) which has a mandatory technical character. Approval - the option of the deliberative forum of the competent authority to assume the proposals in the documentations presented and supported by the favourable technical advisory opinions, previously issued. By the approval act the documentations are granted implementation power, and they are thus constituted as legal grounds with a view to carrying out the territorial and urban development programmes, as well as with a view to authorising the execution works for investment objectives.– Buildings of reduced importance Buildings with regular functions, with a lower degree of risk, affecting a small number of people:a) dwelling buildings with S+P+1E, with maximum 6 flats, including their household dependencies;b) education buildings with 4 functional units at the most;c) communal health centres without a stationery;d) administrative office in the rural area: mayoralties, police stations, rural credit cooperatives, libraries, post offices and the like.e) buildings for commerce and public catering, with an area of up to 200 sq.m. and with openings of up to 6 m;f) halls and workshops for craftsmen activities which do not generate vibrations, with an area of up to 200 sq.m. and with openings of up to 6 m;g) dependencies and household annexes: garages, summer kitchens, stables, sheds and the like;h) temporary constructions.– Temporary constructions Constructions authorised as temporary, irrespective of the nature of the materials used, which, by the specific of the function or due to the urban requirements imposed by the public authority, have a limited existence, mentioned in the construction authorisation as well. As a rule, the temporary constructions shall be carried out with materials and structures which allow the quick dismantling with a view to bringing the land to its initial state (metal confections, timber parts, plastic materials or the like) and which have reduced dimensions. In the category of temporary constructions the following shall be included: kiosks, stands, booths, exhibition spaces located on public ways and areas, advertising hoarding and billboards, firms and advertisements, covers, pergolas and the like. Within the meaning of the present law the carrying out of the temporary constructions shall be authorised under the same terms for the authorisation of the final constructions.– Special constructions The military constructions which are authorised under the terms provided in Article 43.– Documentations for the town and county planning and city planning All the written and designed documents, referring to a definite territory, by which the existing situation is analysed and the objectives, actions and development measures are established for a definite time. The structure of the documentations of town and county planning and city planning shall include:a) the town and county planning;b) the urban plans;c) the local urban regulations. The defining and the framework-contents of the documentations for the town and county planning and city planning shall be carried out by the law on the town and county planning and city planning.– Right of execution of the construction works The real right or, as the case may be, debenture regarding the building, which grants to the holder the right to obtain, according to the law, from the competent authority, the construction or demolition authorisation. The proof of the right over the building shall be made by the act, called title, by which the property right is attested (such as the sale-purchase contract, exchange contract, donation contract, inheritor certificate, return administrative act, court decision) or by a grant contract, transfer contract, commodatum contract. The issuing of the construction authorisation based on a lease may only be made for temporary constructions and with the express consent of the rightful owner.– Firm The constructive element applicable on the building or the independent element, on which there are written the identification data of a public institution, trading company, foundation, commercial denomination, the object of activity or any other specific text, under which a natural or legal person is exercising its activity in a building or a precincts.– Installations related to constructions All pipes and equipment ensuring the utilities necessary so as the buildings function, located inside the property limits, from branch pipes/connection (inclusive) to the user, irrespective whether they are or are not incorporated in the building. The installations related to constructions shall be authorised together with these or, as the case may be, separately.– Land within the built up area of the locality The territory which constitutes a locality shall be determined in the General Urban Plan (GUP) and it includes all kinds of land, with/without constructions, organised or delimited as independent groups, planted, permanently under waters, in the agricultural circuit or with another destination, inside which the carrying out constructions is allowed, under the terms of the law. The land within the built up area may be developed by the extension to the land outside built up area only based on zonal urban plans (ZUP), legally approved, being subsequently integrated in the General Urban Plan (GUP) of the locality.– Land outside the built up area of the locality The territory between the limit of the land within the built up area and the territorial and administrative limit of the basic unit (municipality, town, commune), inside which the authorisation of the execution of the construction works is restricted, under the terms of the present law.– Enclosures The final or temporary constructions, meant to mark the limits of the surfaces, areas or plots over which there are certain forms of ownership, executed for the protection against intrusions, made of various materials - concrete, brick, stone, wood, metal, including barbed wire stretched on fencing posts -, or by specific plantations.– Construction works The specific operations by which:– there are performed any kind of constructions - civil, industrial, agricultural and zootechnical, underground and air municipal works, ways of communication, engineering works, art works, etc;– such constructions are pulled down by way of demolition, dismantling, dynamite, etc.– Changing works Intervention works on the structural and/or non-structural constructive elements, having as effect the their changing (in full or in part), with regard to:– the changing of the inside or outside planimetry;– the changing of volumetry. In all the cases the issuing of the construction authorisation shall be needed, in compliance with the legal provisions on the construction quality for which the law provides the issuing of the construction authorisation.– Specific works to the ways of communications, which do not require the construction authorisation The maintenance works which do not require a project and a general estimate of works to be done, consisting of a complex of works which are permanently executed, with a view to maintaining the constructions-installations under proper technical conditions for a continuous, comfortable and extremely safe progress of the traffic, at the maximum level of the traffic.– Urban furniture Functional and/or decorative elements placed in public spaces which, by their composition, appearance, siting, confer special features to the area or the locality. By their nature, the urban furniture parts shall be assimilated to the constructions if their siting is carried out by constructive grounding (foundations, concrete platforms, connections to urban utilities, except for electric power), which require the issuing of the construction authorisation. In the category of urban furniture the following shall be included: flower stands, floor standard lamps, banks, pools, decorative pavements, pergolas, phone booths and the like.– Plotting The urban design operation by which the division of one or several distinct land properties, destined to construction, is determined for the purpose of assigning, leasing or selling the plots resulted.– Technical project (P. Th.) Documentation - written and designed parts -, which includes the technical and economic solutions for the carrying out of the investment objective and based on which the authorised works are performed.– Project for the authorisation of the construction works The project for the authorisation of the construction works, necessary for issuing the construction authorisation, shall be taken out of the technical project (P. Th.) and it shall be drawn up under the terms of the present law and in accordance with the framework-contents included in Annex No. 1.– Reception of works The reception of works is a constituent element of the construction quality system and is the act by which it is certified the finalisation of the works performed in compliance with the provisions of the technical project and with the design features. The reception of construction works of any kind and of installations shall be carried out both for new works and for interventions on the existing buildings, according to the law. The reception of construction works shall be carried out in two phases, according to the legal provisions in force, as follows:– receipt at the end of works;– final receipt.– Change of destination Within the meaning of the provisions of Article 3, the issuing of a new construction and/or demolition authorisation, as the case may be, shall only be required in case that there are needed construction works for which the law provides the issuing of the construction authorisation in order to change the destination of spaces.– Protected areas The territories with geographic limits marked, within which there are elements or aggregates of the natural or cultural patrimony with a special value. Depending on the nature of the patrimony elements, the protected areas shall be the following:a) protected natural areas, instituted for the protection and enhancing the value of the natural patrimony with a special value;b) constructed natural areas, instituted for saving, protecting and enhancing the value of the build patrimony with a special historical, cultural and memorial value; NOTE: We reproduce below the provisions of Article III of the Law No. 453/2001 for the amendment and addition of the Law No. 50/1991 on the authorisation of the execution of constructions and certain measures for building dwellings, of Article II (2) and of Article III of the Law No. 401/2003 for the amendment and addition of the Law No. 50/1991 on the authorisation of the execution of construction works and of Article II (2) of the Law No. 199/2004 for the amendment and addition of the Law No. 50/1991 on the authorisation of the execution of construction works, which are not inserted in the republished version of the Law No. 50/1991:– Article III of the Law No. 453/2001: "ART. III. - On the date of coming into force of the present law the following shall be repealed: the annex to the Law No. 50/1991, republished, Article 8 (5) and point 8 j) of the Annex No. II of the Law on the environment protection No. 137/1995, republished in the Official Gazette of Romania, Part I, No. 70 of 17 February 2000, as well as the references regarding the mandatory character of issuing the environment agreement for the construction-assembly works within the law, of the acts for its implementation, as well as any other provisions contrary to the present law.";– Article II (2) and Article III of the Law No. 401/2003:(2) Within 60 days from the date of coming into force of the present law, Ministry of Transports, Constructions and Tourism shall modify the Methodological Norms for the implementation of the Law No. 50/1991, republished, with subsequent amendments and additions, including with those brought by the present law, which shall include the forms, the authorisation procedure and the contents of the documents required by this procedure. Within the same time limit the taking over, delivery and receipt operations of the land studies and of the documentations provided in Article I point 23 [paragraph (1) of Article 29^1] shall be carried out, by an official report concluded between parties after the inventory of the archives mentioned in Article I point 23 [Article 29^1 (3)], without being necessary a formal notice. ART. III. - On the date of coming into force of the present law letter c) of Article 48 of the Law No. 422/2001 on the protection of the historical monuments shall be repealed.";– Article II (2) of the Law No. 199/2004:(2) Within 30 days from the date of coming into force of the present law, Ministry of Transports, Constructions and Tourism shall modify the Methodological Norms for the implementation of the Law No. 50/1991 on the authorisation of the execution of construction works, republished, with subsequent amendments and additions, approved by Order of the minister of public works, transports and dwelling No. 1.943/2001, with subsequent amendments. ----
