ROMANIA Law and Practice Contributed by: Monia Dobrescu and Mădălina Trifan, Mușat & Asociații
4.3 Regulatory Authorities The main legislation that applies to the develop - ment and designated use of individual parcels of real estate is: • Law No 10/1995 regarding quality in con - struction works; • Law No 50/1991 regarding construction works; and • Law No 350/2001 regarding urban planning. Depending on the circumstances of each case, the building permit can be issued by the presi - dents of the county councils, the mayors of municipalities, localities or communes, or the mayors of the sectors of Bucharest. The zon - al urban plan and the detailed urban plan are approved by the local councils. There are some situations when the consent of the neighbours is required – eg, for construction works that are necessary to change the desig - nated use of existing buildings, or for the devel - opment of buildings with a use that differs from the neighbouring buildings. If the neighbours refuse to issue the consent, a court decision can take its place. 4.4 Obtaining Entitlements to Develop a New Project As a general rule, a building permit is required in order to develop any new project or complete any major refurbishment. The procedure to be followed in order to obtain the building permit is as follows: • obtaining the urbanism certificate; • obtaining the point of view of the competent authority for environmental protection for investments that do not require the perfor - mance of an environmental impact assess - ment procedure;
Exceptions However, the legislation also provides for excep - tions to the rule of mandatory building permits, including: • repairs to fences, when their shape and the materials from which they are made do not change; • repairs to roofs or terraces, when their shape does not change; • repairs and replacements of interior carpen - try; • repairs and replacements of exterior car - pentry, if the shape, dimensions of the gaps and the carpentry are kept, including in the situation when the materials from which the respective works are made are changed; • plasters, paints and interior floors; and • repairs to plasters, paints and plywood if the facade elements and the colours of the build - ings are not modified. The rules are stricter regarding historical monu - ments or lands and constructions located within According to Law No 10/1995, in order to obtain quality constructions, it is mandatory to achieve and maintain the following applicable fundamen - tal requirements throughout the existence of the constructions: • mechanical resistance and stability; • fire safety; • hygiene, health and environment protection; • safety and accessibility; • protection against noise; • energy saving and thermal insulation; and • sustainable use of natural resources. protection zones. Legal Obligations
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