ROMANIA Law and Practice Contributed by: Monia Dobrescu and Mădălina Trifan, Mușat & Asociații
• notifying the competent public administration authority regarding the maintenance of the application for obtaining, as a final act, the building permit, for investments that require the performance of an environmental impact assessment procedure; • obtaining the permits and approvals required in the urbanism certificate and also the envi - ronmental approval; • preparing the technical documentation; • submitting the documentation to the compe - tent public administration authority; and • obtaining the building permit (to be issued within 30 days of the filing of the application). There may be additional requirements, on a case-by-case basis. The public should be involved in all steps of the decision process related to the urban planning and designated use of the territory. The public has the right to object and, if the response is not favourable, to challenge the administrative act issued by the authorities. 4.5 Right of Appeal Against an Authority’s Decision The beneficiary, any interested person or inter - ested social bodies may request the issuing local public administration authority to revoke the administrative act. If the authority’s response is unfavourable, any interested person may chal - lenge the building permit or the rejection of the application, as the case may be, in court. An interested person may be a person whose appli - cation for a building permit was rejected, as well as any other person who may claim an interest. 4.6 Agreements With Local or Governmental Authorities Romanian legislation regarding public procure - ment, the provision of services and concessions
allows the conclusion of development agree - ments with the public authorities. Agreements with utility providers must be con - cluded during the construction works, as well as after the completion of the construction works. 4.7 Enforcement of Restrictions on Development and Designated Use The State Inspectorate of Construction and the local authorities supervise the construction works and sanction any violation of the rules established by law or by the building permit. In addition, any interested person can notify the authorities of irregularities related to the con - struction works, and can challenge the admin - istrative acts issued by the authorities. 5. Investment Vehicles 5.1 Types of Entities Available to Investors to Hold Real Estate Assets Romanian companies are regulated mainly by Companies Law No 31/1990 and may be cat - egorised according to several criteria, with the most important being nationality and legal form. Companies that are incorporated and have their registered headquarters in Romania have Roma - nian nationality, regardless of the nationality or nature of their shareholders (ie, private individu - als or legal entities, Romanian shareholders or other nationality shareholders). When incorporating a company in Romania, its founders may choose between five types of companies: • general partnership ( Societate in nume colectiv or SNC);
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