Approval, public consultation, responsibilities and control

Title II - Common provisions on approval, financing and implementation of documentation (art. 86-111)

Chapter I - Approval of territorial planning and urban planning documentation (art. 86-93)

What it regulates. The integrated single approval system, the two committees (national and local), approval deadlines, prohibitions imposed on approvers, tacit approval. This is the chapter that changes PUZ approval practice the most.

Principle of integrated approval. Documentation is approved exclusively on the basis of integrated approvals issued at central and local level; requesting other approvals and agreements is prohibited, except for strategic environmental assessment and approval by institutions from SNAOPSN (art. 86 para. 1). Committees: National Integrated Approval Commission (secretariat at the ministry) and Local Integrated Approval Commission, established at the level of each county, metropolitan area, municipality and city (secretariat at the chief architect's office) (art. 86 para. 1 lit. a-b). On the basis of the integrated single approval, the public consultation report, the environmental act and SNAOPSN approvals, approval is granted without further approvals (art. 86 para. 2). SNAOPSN approval is issued within a maximum of 15 working days from registration of the complete documentation (art. 86 para. 4) and is mandatory in the form issued (art. 86 para. 5). Approval of documentation initiated by public authorities is exempt from fees (art. 86 para. 6). Documentation with objectives for operational preparation of the territory for defence is approved on an urgent basis, with deadlines reduced by at least 50% (art. 86 para. 7). It is prohibited to condition one approval on obtaining another approval (art. 86 para. 8), to request documents outside the framework content (art. 86 para. 9) and to charge multiple fees for private PUZs and PUDs: fees paid at first submission remain valid for re-analysis or reconfirmation (art. 86 para. 10).

Competence (art. 87). PATZ/I, PATJ, PUGZM, PUGs of municipalities, cities and communes and PUZs with monuments from world heritage are approved by both the national and local commission (art. 87 para. 1). Other PUZs are approved only by the local commission (art. 87 para. 2). For UATs without a specialised structure or with a chief architect without specialised studies, not associated, approval is made at the county council (art. 87 para. 3). The list of approvals by documentation type is approved by ministerial order (art. 87 para. 4).

National Commission (art. 88-90). Composition: the ministry of competence, culture, transport (including the Romanian Civil Aviation Authority), agriculture, economy, tourism, IGSU, mining authority, Apele Române, ANCPI, Register of Urban Planners, specialists recommended by professional associations and universities, association of county chief architects (art. 88 para. 1). Documentation is transmitted electronically, with qualified electronic signature, through the National Platform (art. 89 para. 3). Members transmit specific conditions within a maximum of 60 calendar days from registration (art. 89 para. 5), and the integrated single approval is issued within a maximum of 15 working days from registration of the complete documentation that meets the conditions (art. 89 para. 6). Requests for completion are transmitted only once, through a single address, with justification (art. 89 para. 7); completions are submitted within a maximum of 6 months, otherwise the documentation receives a negative approval and must be resubmitted (art. 89 para. 8). Approvers are prohibited from conditioning approvals on other approvals (except for the opportunity approval and the chief architect's approval), requesting documents outside the framework content or imposing requirements unrelated to the subject of the documentation (art. 89 para. 9). The integrated single approval cannot be issued without SNAOPSN approvals or when a SNAOPSN institution has expressed disagreement (art. 90 para. 2).

Local Commission (art. 91-92). Composition: county and/or local council through the chief architect, metropolitan area, local public authority, transport, ANCOM, Agency for Protected Natural Areas, forestry department, agricultural department, ANIF, Romanian Waters, ISU, school inspectorate, public health department, OCPI, protected area administrator, water-sewerage, electricity, gas, public lighting and other utility operators (art. 91 para. 1). The county commission takes over approval where no local commission is established (art. 91 para. 3) and ensures approval for communes and towns, except for metropolitan areas and municipalities (art. 91 para. 4); the metropolitan commission is established at the polarizing municipality for all local public authorities in the area (art. 91 para. 5). The commission is chaired by the chief architect (art. 92 para. 1); members receive meeting fees set by council decision (art. 92 para. 4). Deadlines: specific conditions within maximum 60 calendar days from registration (art. 92 para. 6), communicated only once, in one integrated act (art. 92 para. 7); integrated local single opinion within maximum 15 working days from registration of complete documentation (art. 92 para. 8), signed by secretariat and chief architect (art. 92 para. 9). Transitional deadline: local authorities organize the local commission within maximum 60 working days from the code's entry into force (art. 92 para. 10).

Tacit Approval (art. 93). Member participation and submission of viewpoint are mandatory; in their absence, tacit agreement is deemed given (art. 93 para. 1), except for institutions in SNAOPSN, whose approval remains mandatory (art. 93 para. 2 and para. 5). For approvers without representatives in the commission, failure to issue clarification requests, approval or rejection within the deadline means the documentation is deemed complete and approval is tacitly granted; opinions issued after invoking tacit agreement have no effect (art. 93 para. 3). The beneficiary continues approval based on proof of registration and a declaration under personal responsibility (art. 93 para. 4). Opinions issued in a procedure retain their validity until documentation approval, regardless of approvers' internal deadlines (art. 93 para. 6). Opinions are transmitted electronically on the day of issuance (art. 93 para. 7). Reconfirmation, when the solution has not changed, is done within maximum 5 working days; lack of response means reconfirmation (art. 93 para. 8). The initiation opinion and the chief architect's opinion cannot be deemed tacitly issued (art. 93 para. 9).

Chapter II - Initiative for Elaboration, Update and Modification of Documentation (art. 94-95)

The initiative for PUG and PUZ belongs to local authorities (art. 94 para. 1); PUZ for nationally protected areas may also be initiated by the competent ministry or the ministry of culture (art. 94 para. 2); PUZ for unprotected areas and for detailing PUG may also be initiated by natural or legal persons (art. 94 para. 4). Updates are made through documentation of identical rank, following the elaboration procedure (art. 95 para. 1) and are mandatory when significant legislative changes render regulations inoperative (art. 95 para. 3).

Chapter III - Public Information and Consultation (art. 96-100)

Public information and consultation are ensured in all phases, including for PUD (art. 96 para. 1), in four stages: preparatory (information), documentation and studies (consultation), elaboration of proposals (consultation), approval (information) (art. 96 para. 2). By exception to Law no. 52/2003, consultation is conducted during elaboration and approval (art. 96 para. 3). Firm sanction: documentation approved without respecting public participation provisions is void (art. 96 para. 4). Responsibility rests with the authorities that initiate and approve (art. 97 para. 1). Information includes publication of objectives, full content of documentation, including drawings, urbanism certificate, studies, opinions and agreements, results of information and approval decisions (art. 98 para. 1), including through the National Platform (art. 98 para. 4); affected persons may request the urbanism certificate, studies and opinions, in compliance with GDPR (art. 98 para. 2). Methodology is set by the ministry, differentiated by impact and complexity (art. 100).

Chapter IV - Strategic Environmental Assessment (art. 101-102)

Strategic environmental assessment is carried out during documentation preparation and is finalized before approval (art. 101 para. 1). Subject to assessment are the elaboration, update and modification of PATJ/PATZ/PATIC, PUG/PUGZM and PUZ (art. 101 para. 2). Not subject to assessment are corrections of material errors and simplified modifications of PUZ for punctual public investments, which fall under environmental impact assessment (art. 101 para. 3). Based on the assessment, measures are proposed for air quality, limiting soil permeabilization, rainwater infiltration at source, permeabilization thresholds, retention structures, nature-based solutions (art. 101 para. 4). Assessment of lower-level documentation takes into account assessments already made at higher level, to avoid duplication (art. 102 para. 1).

Chapter V - Financing of Activities (art. 103-107)

Activities are multi-year actions financed from local budgets, the state budget, own revenues of interested parties and other sources (art. 103 para. 1). The Ministry finances the Territorial Development Strategy, Urban Policy, PATN and the General Urban Planning Regulation (art. 104 para. 1) and may finance, if justified, PATJ, PATZ/I, documentation for UNESCO zones, plans for protected areas, hazard and risk maps and PUG/PUZ for the Black Sea coast (art. 104 para. 2). Support programmes may target the local documentation fund and informal settlements (art. 104 para. 3). Multi-year financing contracts are concluded for a maximum of 4 years (art. 104 para. 6), extendable by up to 2 years (art. 104 para. 7). Local authorities finance PATJ, PATZ/I, PUG, PUGZM and their own PUZ (art. 105 para. 1) and are obliged to provide annual funds for strategies, plans, risk maps and studies (art. 105 para. 2). PATZ/I and PUGZM are financed from contributions of member UATs (art. 106). PUZ initiated by natural or legal persons are financed by them (art. 107).

Chapter VI - Implementation of documentation (art. 108-111)

Documentation is mandatory for authorities, institutions and any natural or legal person (art. 108 para. 1); UATs must implement action plans and include necessary funds in the budget (art. 108 para. 2-3). Documentation has no limited validity period, remaining valid until approval of new documentation of equal or higher rank; authorities verify every 5 years the relevance and implementation degree and initiate updates (art. 109). Urban plans and regulations are normative administrative acts; PUD may be normative or individual (art. 110 para. 1); after approval they are enforceable in court (art. 110 para. 3). Within 15 days of approval, mayors transmit the decision and documentation to the cadastral office (art. 110 para. 4), which notes in the land register that properties are subject to urban regulations and transfers information to the INSPIRE geoportal (art. 110 para. 5); in the same period, a digital copy goes to the ministry for the National Territorial Observatory (art. 110 para. 6). Application of regulations is done through urban certificates, building permits, PUZ and PUD, and operational provisions through policies, programmes and projects from the action plan (art. 111 para. 1-5).

Title III - Public responsibility in territorial planning and urban development (art. 112-142)

Chapter I - Powers of central public administration (art. 112-115)

What it regulates. The role of the Government, the responsible ministry and other ministries. Institutional chapter, with indirect impact on investors.

The Government coordinates the field through the responsible ministry and, through the Prime Minister, elaborates the Territorial Development Strategy, Urban Policy, PATN sections and the Architecture Policy of Romania, the latter with consultation of the Order of Architects of Romania (art. 112 para. 2 lit. a). The responsible ministry elaborates the strategy, policies, PATN sections, general urban planning regulation and procedural framework, coordinates plans for nationally protected areas and documentation for UNESCO zones, issues opinions on normative acts with impact in the field, issues the integrated central single opinion, manages together with local authorities the National Territorial Observatory, National Platform, Geoportal and National Register of Buildings, delimits by Government decision territories with remarkable landscape value and exercises state control through I.S.C. (art. 113 para. 1 lit. a-n). The Ministry may request local authorities to elaborate or modify documentation for implementing Government strategic programmes or for general state interests (art. 113 para. 2). Ministries and agencies provide free studies and public data as needed (art. 114). State control over elaboration, opinion and approval of documentation falls to central, county and local authorities, while control of application of urban documentation falls to I.S.C. (art. 115 para. 1).

Chapter II - Powers of local public administration authorities (art. 116-133)

What it regulates. Competencies of the county council, its president, the local council, the mayor and specialist structures (chief architect institution), the regime of UATs without specialist structures, status and powers of the chief architect, CTATU, commission for informal settlements and the special regime of Bucharest. For investors, it matters who issues which act and who is responsible for deadlines.

Section 1 - County authorities (art. 116-118)

The county council coordinates territorial planning and urbanism at county level, initiates and approves the PATJ, proposes the establishment of intercommunity development associations for metropolitan and periurban areas, and requests local councils to update their strategies and PUG-s for compliance with PATJ (art. 116 para. 1-2). Ministries provide free information to county and local authorities (art. 116 para. 5). The president of the county council coordinates the structure headed by the chief architect, issues urbanism certificates and building, demolition, modification and regularization permits within its area of competence, approves initiation opinions (art. 69) and coordinates the commission for informal settlements (art. 117 para. 2). The specialized structure of the county council, called the chief architect's institution, organized as a general directorate, directorate or service (art. 118 para. 1), has 27 duties (art. 118 para. 2 lit. a-aa), including: elaboration of PATJ, coordination of intercommunity strategy, technical report for urbanism plans of UAT-s without specialized structure (lit. e), issuance of initiation opinions, certificates and permits within county competence (lit. i), technical opinion for PUD (lit. j), notification of UAT-s about projects of national, regional or county interest (lit. m), Seveso territorial compatibility (lit. s), organization of the single agreement commission according to art. 317 (lit. u), opinion for PUG-s and PUZ-s that modify the building limit and for all documentation from UAT-s without chief architect (lit. v), control and sanctioning of violations in authorization matters (lit. x), review of PUG-s for correlation with PATJ and PUZ-s from areas bordering other counties (lit. y) and support for informal settlements (lit. aa).

Section 2 - Local authorities of municipalities, cities and communes (art. 119-128)

The local council coordinates and is responsible for all urbanism activity in the UAT (art. 119 para. 1) and approves the integrated strategy, PUG, PUZ-s, urban regeneration program and plan, parcel restructuring program, urban regulations for the entire territory and intercommunity strategy and plan (art. 119 para. 2).

The mayor, through the chief architect's institution, ensures the elaboration of strategy and urbanism plans, establishes the Seveso commission, submits documentation for council approval based on the chief architect's report, coordinates the issuance of initiation opinion, issues urbanism certificates, building and demolition permits and certificates of building completion and may delegate duties to the deputy mayor or public administrator (art. 120 para. 1). The mayor has specific obligations regarding informal settlements: identification of land with measurements in Stereographic 70 system, database of residents, information and participatory planning, identification of the legal status of land, relocation with alternative housing solutions (social housing or reconstruction support on equipped land), prior consultation of residents and limitation of settlement expansion (art. 120 para. 2 lit. a-i).

The chief architect's institution at local level is organized as a general directorate or directorate in municipalities, directorate or service in cities and service or department in communes (art. 121 para. 1). Planning duties include the substantiation note and terms of reference for documentation, approval report based on the chief architect's technical opinion (art. 121 para. 2 lit. b), rejection report, approved by the mayor with the general secretary's visa and based on the chief architect's unfavorable technical opinion, only for technical and legal aspects, not for opportunity (lit. d), convocation of CTATU, issuance of initiation opinions, urbanism certificates, building, intervention, development and demolition permits, certificates of building completion and execution stage (lit. g), quarterly transmission to the ministry of the status of documentation (lit. l). Operational activity includes application of documentation, organization of the single agreement commission (art. 317), drafting of certificates and permits and control and sanctioning of violations in collaboration with local police (art. 121 para. 3). In metropolitan areas, structures may be organized in administrative consortia, and planning falls to the structure of the polarizing municipality (art. 121 para. 5-6).

UAT-s without specialized structures (art. 122). They may associate in intercommunity development associations or administrative consortia to jointly provide planning services and issue certificates and permits (art. 122 para. 1-2). In non-associated cities and communes, the chief architect's duties are performed by a public official with a degree from continuing education courses organized with the Urban Planners Register (art. 122 para. 3); in consortia, by qualified staff of the associated UAT (art. 122 para. 4); if neither condition is met, by the county chief architect's institution, based on an agreement (art. 122 para. 5).

Provision of information (art. 123). Ministries, deconcentrated structures and public service operators are obliged to ensure access to their electronic databases (art. 123 para. 2); local authorities transmit information semiannually or at each modification, in GIS format, to expertise centers (art. 123 para. 3).

Chief Architect (art. 124-126). Is the technical authority in the field (art. 124 para. 1), with strategic planning activity (art. 124 para. 2) and operational activity of implementing normative acts and documentation (art. 124 para. 3). Cannot be subordinated to any other public official or contractual staff, regardless of structure type (art. 124 para. 4). Is supported by CTATU (art. 124 para. 5). The chief architect's opinion is not subject to council deliberation (art. 124 para. 6). In metropolitan areas, responsibilities regarding documentation fall to the chief architect of the polarizing city (art. 124 para. 9); in consortia, to the chief architect of the local administrative unit where the position is held (art. 124 para. 10). The chief architect of Bucharest municipality convenes sector chief architects monthly (art. 124 para. 8). His duties (art. 125 para. 1): planning, operational authorization activity, coordination of territorial policies and integrated strategy, monitoring implementation of documentation and authorizations, reviewing design briefs and public investment projects for compliance with documentation. The county chief architect technically coordinates chief architects in the county (art. 125 para. 2) and each chief architect manages the single window at local level from the National Platform (art. 125 para. 3).

Training requirements for the chief architect position (art. 126 para. 1):

When the position is vacant, operational duties may be temporarily exercised by another staff member from the structure who meets the conditions, for a maximum of 6 months in a calendar year, or by the county chief architect, based on agreement (art. 126 para. 2). Engineers without urbanism studies must complete courses organized by the National Institute of Administration with the Urbanists Register within a maximum of one year from appointment, under penalty of dismissal (art. 126 para. 3). In competitions with no candidates, required seniority may be reduced to a minimum of 5 years for municipalities (excluding county seats) (art. 126 para. 4) and to a minimum of 3 years for cities and communes (art. 126 para. 5). Administrative consortium staff exercise public authority prerogatives and may sign minutes, opinions, urbanism certificates and authorizations (art. 126 para. 8), with application of the conflict of interest regime from Law no. 161/2003 (art. 126 para. 9).

Coordination Commission for Informal Settlements (art. 127). Organized by the county council or the General Council of Bucharest Municipality, composed of representatives from urbanism structures, building discipline, social assistance, public health, Roma issues, communities from settlements and civil society (art. 127 para. 1-2).

CTATU (art. 128). Consultative body that supports the chief architect in substantiating the initiation opinion and technical opinion (art. 128 para. 1), composed of specialists in urbanism, architecture, environment, landscape design, monuments, archaeology, law, public health, sociology, economics, geography, construction, geodesy, transport (art. 128 para. 2). Composition and regulations are approved by council resolution, at the chief architect's proposal (art. 128 para. 4). Organized at county seats, Bucharest municipality, sectors, municipalities, cities and county councils; for metropolitan areas the commission of the polarizing municipality operates (art. 128 para. 5). The county commission analyzes documentation of all local administrative units in the county, except metropolitan areas, county seat municipalities and municipalities with their own commission (art. 128 para. 6). Authors of documentation and employees of author firms do not participate in the decision (art. 128 para. 7). Session fee is 250 lei per session, but not more than 1,000 lei per month (art. 128 para. 8).

Section 3 - Specific duties at capital level (art. 129-133)

The General Council of Bucharest Municipality approves the integrated strategy, the PUG and the PUZ of the municipality and cooperates with Ilfov County Council and sector councils (art. 129 para. 2). The General Mayor ensures the development of the strategy, the PUG and the PUZ of general interest, manages the GIS database and approves PUD and issues urban certificates and authorizations for: investments on land exceeding the limit of a sector and/or outside the town limits; any works on individually classified monuments, on properties in protected built-up areas, on buildings with special architectural or historical value established through urban documentation and on properties from subdivisions listed in the List of Historical Monuments (art. 130 lit. k). The Sector Mayor issues authorizations at sector level, approves PUD and issues urban certificates and authorizations for works in the sector, except those under the General Mayor's authority, including for monument protection zones and for ensembles and sites (art. 131 lit. e and h). The General Mayor's specialized structure prepares technical reports, convenes CTATU and the group of chief architects of sectors, reviews public investment projects of the General Mayor's Office, manages the PUG in GIS, feeds the Geoportal and the National Register of Buildings (art. 132 para. 2) and organizes the single agreement commission for acts under the General Mayor's authority (art. 132 para. 3 lit. b). The sector structure prepares the reports of the chief architect of the sector, proposes initiation opinions and technical opinions, participates in the single review commission of the General Mayor's Office (art. 133 para. 2), organizes the single agreement commission at sector level and drafts certificates, authorizations and location opinions (art. 133 para. 3). Article 584, from the final provisions, addresses the transfer of certain competencies between the General Mayor's Office and sectors in the application of the local referendum from 2024.

Chapter III - Strengthening Local Expertise (art. 134-139)

What it regulates. ATU Expertise Centers, National Territorial Observatory, National Platform, National Urban Planning Geoportal and National Single Window. The Chapter sets two deadlines with practical effect: 90 days for transmitting GIS data and 5 years for operationalizing the single window.

ATU Expertise Centers (art. 134-135). Non-governmental, non-profit organizations of public utility, with legal personality, established by local authorities in partnership with other authorities, at county level, Bucharest Municipality, functional urban area, metropolitan area, consortium or UAT; financed from the state budget, local budgets, own revenues and other sources (art. 134 para. 2). Responsibilities: technical support for PATJ and PUG development, intercommunal plan development, assistance for strategies, GIS documentation management, specifications and studies, research, public information, territorial impact analysis, databases on seismic risk classes and energy efficiency, documentation consultation platforms, annual report on the state of the territory (art. 134 para. 3). They are led by a board of directors and a general director hired through competition (art. 135 para. 1), with planning, monitoring and mobility/resilience departments (art. 135 para. 2). The board of directors includes the representative of the county council, one representative from each category of local councils and a representative of the Order of Architects (art. 135 para. 4). The Ministry may co-finance the centers in the first two years after establishment, based on a partnership contract (art. 135 para. 10).

National Territorial Observatory (art. 136). Interactive IT application managed by the ministry, which integrates documentation and provides data for foundation studies (art. 136 para. 1-2), with two components: System for observing and analyzing territorial dynamics (geoportal with statistical indicators) and National Platform for urban and territorial planning and building authorization (art. 136 para. 3-4). Complies with cloud first, cloud native principles (OUG no. 89/2022) and interoperability (Law no. 242/2022) (art. 136 para. 5-6).

National Platform (art. 137). Established by the ministry, integrates documentation approved at local level (art. 137 para. 1); local authorities may have their own platforms correlated with the national one (art. 137 para. 2). It consists of the National Urban Planning Geoportal and the National Single Window for building authorization (art. 137 para. 3), operated by local authorities in collaboration with the ministry (art. 137 para. 4), interoperable with the national geospatial infrastructure and the National Register of Buildings (art. 137 para. 5).

National Urban Planning Geoportal (art. 138). Online platform with all approved urban planning and development documentation (art. 138 para. 1). Allows any citizen to search and locate plots and query zoning and applicable regulations, consult plans on thematic layers, download reports and data on public utility easements (art. 138 para. 2). Edit rights: designated persons from central authorities establishing safety and protection zones, local authorities through the chief architect institution, specialists with signature rights, ATU centre staff and utility network holders (art. 138 para. 3). All documentation is prepared in GIS format according to the ministry's standardized structure; analogue sheets generated from GIS are signed by the coordinator and become an annex to the approval decision (art. 138 para. 5). Authorities establishing protection and safety zones (sanitary, roads, airports, railways, metro, maritime, waterways) must prepare GIS plans of boundaries for publication (art. 138 para. 6); utility network holders are obliged to publish and update routes (art. 138 para. 8). Deadline: all authorities, institutions and public or private persons holding property or equipment of public interest or providing public services shall submit documentation to the ministry in GIS format within 90 days of the code's entry into force, except SNAOPSN for classified information (art. 138 para. 9). SNAOPSN institutions may view and download georeferenced utility network plans (art. 138 para. 13).

National Single Window (art. 139). Digital intermediation platform between applicants and authorities for information acts regarding documentation and authorization requests (art. 139 para. 1); each local authority manages its own UAT section (art. 139 para. 2). Allows submission of documentation, direct communication regarding clarifications, consultations and issuance and receipt of building or demolition authorization (art. 139 para. 3). Access levels: central authorities, local authorities, network operators, professionals registered in national registers (including lawyers, notaries, enforcement officers and insolvency practitioners) and citizens (art. 139 para. 4). Deadlines: operationalization is phased over a 5-year period from the code's publication date, as PUG and local regulations are integrated in GIS format (art. 139 para. 8); after 5 years, use of the single window becomes mandatory for all authorities and issuing entities, even if GIS integration is not finalized (art. 139 para. 9). Until then, procedures may also be conducted according to current legislation (art. 139 para. 10).

Chapter IV - Register of Urban Planners of Romania (art. 140-142)

Territory planning and urban planning documentation is prepared by teams of specialists with signature rights granted by the Register of Urban Planners of Romania (art. 140 para. 1), registered in the National Table of Urban Planners (art. 140 para. 2). The Register is an autonomous public institution with legal personality, financed entirely from own revenues: certification, examination, registration and signature rights exercise fees (art. 141 para. 1); manages signature rights and recognizes professional qualifications in accordance with Law no. 200/2004 (art. 141 para. 2). Responsibilities: signature rights regulation (with ministry approval), continuous training courses, studies for normative acts, competition rules regulation, urban planner profession status, examination for extrajudicial technical expert, designation of specialists in expert appraisal and bidding commissions (art. 142 lit. a-i).

Title IV - State Control in Territory Planning and Urban Planning. Sanctions (art. 143-147)

What it regulates. Who controls, the 0.1% quota owed by investors to I.S.C., contraventions of officials and authorities (with fines between 3,000 and 50,000 lei), two offences and nullity of documentation. The title is essential for investors for two reasons: the I.S.C. quota is paid at each authorization, and the prohibition on "legalization" documentation closes a frequent practice.

Control (art. 143). Control of preparation, approval and authorization of documentation is the responsibility of the ministry through I.S.C., IGSU (for Seveso compatibility) and county authorities (for compliance with higher-ranking documentation by basic UATs) (art. 143 para. 1). Implementation of documentation is monitored by the specialized structures of county and local councils and I.S.C. (art. 143 para. 2).

I.S.C. Quota. State control costs are borne by investors, equivalent to a quota of 0.1% of the value of authorized works, except for works on historical monuments, places of worship and emergency interventions to secure buildings with public danger (art. 143 para. 4). For works subject to simplified notification procedure, the quota is half (0.05%) (art. 143 para. 5). Transfer is made to the county construction inspectorates' account upon notification of work commencement (art. 288); delay is penalized at 0.15% per day, not exceeding the amount owed (art. 143 para. 6). The quota also applies to differences from regularization of work value, which is done until reception is called at work completion (art. 143 para. 7). I.S.C. uses 70% of the fund and transfers 30% monthly to the ministry for technical regulations and documentation of national interest (art. 143 para. 8). Ministry staff with regulatory responsibilities benefit from a 35% increase in base salary (art. 143 para. 9).

Contraventions (art. 144). Sanctioned acts (art. 144 para. 1) concern almost exclusively authorities, officials and specialists with signature rights. Grouped by fine amount (art. 144 para. 2), with warning on first breach:

Detection and sanctioning are carried out by authorized persons from control authorities (art. 144 para. 3). OG no. 2/2001 applies, with the possibility of paying half the minimum fine within 15 days of notification of the report (art. 144 para. 4).

Offences (art. 145). Punishable by imprisonment from 3 months to one year or by fine: preparation and signing of documentation by persons without signing authority (lit. a); initiation by natural or legal persons, chief architect, mayor, county council president or specialized staff and approval, with intent, by councillors of urban documentation intended to legalize constructions without authorization or in breach of authorization, except for the situation provided in art. 150 para. 14 (lit. b).

Nullity (art. 146). Breach of the procedure for elaboration, modification or approval, including lack of opinions or non-compliance with them, is sanctioned by nullity of the documentation; if the defect affects only a part, nullity is partial (art. 146 para. 1). Urban documentation intended to legalize constructions erected without authorization or in breach of authorization cannot be initiated and approved, except for art. 150 para. 14 (art. 146 para. 2); such documentation is null and void (art. 146 para. 3), nullity being established by administrative courts (art. 146 para. 4). Specialists with signing authority are jointly liable with the beneficiary for the accuracy of data and compliance with legislation (art. 146 para. 5).

Responsibility of officials (art. 147). Issuance of incomplete urban certificates or authorizations, with incorrect data or contrary to documentation entails disciplinary, administrative, contravention, civil or criminal liability (art. 147 para. 1); likewise issuance of certificates without SNAOPSN opinion when the obligation was officially communicated (art. 147 para. 2). Persons with verification duties may be held responsible for failure to meet deadlines, to the extent that the employer establishes, after internal investigation, that the facts are attributable to them (art. 147 para. 3). A public law entity sanctioned or ordered to pay damages by final judgment has the obligation to conduct disciplinary investigation and to take action against the guilty official (art. 147 para. 4).

Who is affected. Directly: mayors, county council presidents, chief architects, officials, specialists with signing authority, utility operators. Indirectly, all investors: a quota of 0.1% (or 0.05% at notification) is added to the cost of any authorized work, and deadlines sanctioned contraventially give property owners a tool to pressure authorities.