Engineering works, concessions, sanctions and disputes

Title III - Concession, free use, allocation and lease of land for construction (art. 319-325)

Public or private land belonging to the state and local authorities may be conceded for construction only if the works comply with urban planning documentation (art. 319 para. 1); public domain only for constructions of public use or interest (art. 319 para. 2); land that is the subject of reconstitution requests filed within the deadline of Law no. 10/2001 shall not be conceded (art. 319 para. 3). Concession without auction or free use are possible, by derogation from the Administrative Code, for non-profit public utility objectives, relocation of households affected by disasters, extension of constructions on adjacent land without access to a public road, buildable only by adjoining and of maximum 300 sqm, and works on historical monuments with the prior approval of the Ministry of Culture (art. 320 para. 1); for two or more requests from neighbouring owners for adjacent land, the concession is awarded by auction (art. 320 para. 2). The auction is announced by posting and in at least two newspapers of wide circulation, at least 20 days in advance (art. 321 para. 1); the offer includes a pre-feasibility or feasibility study (art. 321 para. 3); a court challenge suspends the auction (art. 321 para. 5); the concession deed is registered in the land register within 10 days of award (art. 321 para. 6). The minimum royalty is set so as to ensure recovery within 25 years of the market price of the land, plus infrastructure costs (art. 322). Surfaces conceded for housing (art. 323): in urban localities, up to 450 sqm for an apartment in a ground floor or ground and first floor building; up to 300 sqm for an apartment in a building with two apartments; up to 250 sqm for an apartment in buildings with at most 6 apartments; over 6 apartments, according to documentation; in rural localities, up to 1,000 sqm for a dwelling. The duration is set by councils or by Government decision (art. 324 para. 1), and the land is previously registered in the land register (art. 324 para. 2). Requests from young people under Law no. 15/2003 have priority over any other request (art. 325 para. 1) and may also be addressed to neighbouring local authorities (art. 325 para. 3). For the extension of spaces from the ground floor of condominiums on the surrounding land, owners may conclude surface contracts; when the land belongs to the association, a decision of the general assembly adopted by 2/3 of the total number of owners and the written consent of all directly affected owners is required (art. 325 para. 4).

Title IV - Provisions applicable to engineering works (art. 326-350)

What it regulates. Authorization of national interest transport infrastructure, works in energy and electronic communications, special-purpose constructions and works in areas with special regulations. The title is of primary interest to infrastructure developers and network operators; for owners affected by infrastructure projects, the regime of land in the expropriation corridor, the obligation to allow access for geotechnical investigations and the mechanism of compensation for energy works are relevant.

General provisions (art. 326-328). Engineering works are executed only on the basis of a construction or demolition permit (art. 326 para. 1), except for maintenance, current repairs and road safety improvements that do not modify the structure or appearance (art. 326 para. 2). Categories: national interest transport infrastructure, energy infrastructure, electronic communications networks, water management, hydrotechnical works, mining and other works of local or county public interest (art. 326 para. 3). Permits in areas outside town limits are issued in compliance with territorial planning plans (art. 327 para. 1). Transport infrastructure projects from PATN section I or from the General Master Plan for Transport (except ports, airports, stations, marshalling yards, depots, terminals and border crossing points) may be authorized without prior planning or urban documentation (art. 328 para. 1). Within 30 days of approval of the feasibility study, the initiator notifies the ministry and affected local authorities, with the topo-cadastral support of the route and protection zones in Stereographic 1970 (art. 328 para. 2); local authorities have a maximum of 6 months from notification to initiate, develop and approve correlation PUZ-s, financed by the project initiator (art. 328 para. 3).

Chapter I - Transport Infrastructure (art. 329-342)

Authorization of national transport infrastructure and Metrorex metro is issued by the Ministry of Transport (art. 329 para. 1), based on urban planning certificates for engineering works issued by county or local authorities (art. 329 para. 2). Site organization and demolition of constructions not related to infrastructure are authorized by county or local authorities (art. 329 para. 7). Once authorization for infrastructure is issued, constructions on the expropriation corridor no longer need demolition authorization (art. 329 para. 8 and art. 335 para. 4). Documentation (art. 330 para. 1) includes the request approved by joint order, proof of execution right (concession, inventory, expropriation decisions, notarial agreements), approvals including in-principle approvals for removal from forest fund and conditional location approvals for network relocation on the expropriation corridor, environmental act, studies and authorization project. Railway installations are not subject to technical code verification (art. 330 para. 3, art. 340 para. 3). New or substantially modified public roads require road safety audit reports (art. 330 para. 5).

In-principle approval for removal from forest fund is issued by the central authority for areas of 1 ha or larger and by territorial structures for areas under 1 ha, within 10 days of the request (art. 331 para. 1); land handover is made after approval of final removal according to the Forestry Code and after authorization (art. 331 para. 2). Documents of execution right (art. 332): for interventions, the concession contract or inventory list; for new constructions, the expropriation decision or notarial agreement of the private owner, Government decision according to Law no. 255/2010 for public land of the state and local authorities.

Special deadlines for national transport infrastructure:

The mechanism also applies to investment projects exceeding the thresholds in art. 42 para. 1 lit. a of Law no. 500/2002 and projects from European funds of regional operators (art. 333 para. 8). Network relocation approvals are submitted by the signing of the reception report (art. 334 para. 3). Authorizations, certificates and approvals remain valid throughout the implementation period, until final reception (art. 335 para. 1); projects are exempt from taxes established by local or county council decisions (art. 335 para. 3). Regularization of constructions without authorization from transport projects is done by the ministry based on expert assessments approved by the Technical-Economic Council, by ministerial order (art. 336). Technical-economic documentation is developed in phases: prefeasibility or feasibility study, authorization project, technical execution project (art. 338 para. 2). Current maintenance and repairs require neither authorization nor notification (art. 341 para. 2). Without any formality, the following can be executed on railway infrastructure: routine replacement of track superstructure, maintenance including reinforcements, renewal of track elements, elimination of speed restrictions and replacement or modernization of signaling, safety, communications and electrification installations (art. 342 para. 1).

Chapter II - Energy and Electronic Communications (art. 343-345)

Projects of national importance in the field of natural gas are authorized by the Ministry of Energy (art. 343). Works on national systems for transport of electricity, gas, oil, gasoline, ethane and condensate, carried out by holders of licenses and petroleum agreements, are exempt from filing title to land: the license, concession agreement or petroleum agreement serves as title, with notification and compensation of owners (art. 344 para. 1). Proof of obligations: agreement with identified owners, with payment term of 30 days from conclusion (lit. a); deposit of sums in accounts for unidentified owners (lit. b); deposit of sums at the disposal of identified owners who did not appear or refused the agreement within 60 days of notification (lit. c). Land not registered in the land register can be identified by plot and parcel, title of ownership and report of taking possession (art. 344 para. 2). Lease contract, license, concession or petroleum agreement serve as title for exploration and exploitation operations (art. 344 para. 4-5). The same rules apply to utility relocations for transport infrastructure projects (art. 344 para. 6). Upon termination of lease, holders restore land to its previous state (art. 344 para. 7). Electronic communications networks: minor works, small-scale works and standard works follow Law no. 198/2022 (art. 345 para. 1); radio access points with restricted area compliant with Regulation (EU) 2020/1070 are installed without authorization (art. 345 para. 4), and on monuments and buildings of architectural value, with prior notification (art. 345 para. 5).

Chapter III - Constructions with Special Character (art. 346-348)

Authorization of works with special character is issued by institutions from SNAOPSN, based on common procedures with the relevant ministry and the ministry of culture (art. 346 para. 1); the person issuing the authorization must meet the training requirements of the chief architect (art. 346 para. 2). Relocatable constructions, containers, cabins and canopies without foundations may be placed based on a placement notice (art. 346 para. 4-5). The forestry principle notice for special infrastructure is issued within 10 days, with the same thresholds of 1 ha (art. 347 para. 1). Works based on international treaties are regulated through implementation arrangements, with technical documentation approval (art. 348).

Chapter IV - Properties with special regulations and protection zones (art. 349-350)

Required notices (art. 349): approval notice from the heritage authority for protected built-up areas (lit. a); notice from the local authority for safety zones of transport infrastructure of local public interest (lit. b); notice from the ministry of transport for safety zones of national infrastructure (lit. c); notice from the county agricultural department for perimeters adjacent to agricultural facility annexes with restriction regime for dwellings (lit. d); notice from SNAOPSN for proximity to properties with special character (lit. e). In the railway zone, OUG no. 12/1998 applies (art. 350 para. 1); in areas with aeronautical easements, approval from the Romanian Civil Aviation Authority is required, and at aerodromes used by both civil and state aircraft, approval from the Ministry of National Defence is also required (art. 350 para. 2).

Title V - Control of authorization and discipline in construction. Sanctions (art. 351-359)

What it regulates. Who controls, the 0.5% fee owed to I.S.C., I.S.C. powers (work stoppage, seals, utility disconnection), offences and contraventions to the authorization regime (art. 357, with fines up to 1,000,000 lei, plus 50,000-500,000 lei for each unauthorized level), measures regarding illegal constructions and administrative demolition of constructions on public land. This is the title with the highest financial risk for builders.

Control bodies art. 351. I.S.C.; mayors, presidents of county councils and the county chief architect through local police or local control bodies; control bodies of the ministry of transport for national infrastructure (art. 351 para. 1). SNAOPSN institutions exercise their own control over military and special objectives (art. 351 para. 2).

I.S.C. fee of 0.5% art. 352. Investors or owners transfer to I.S.C. a fee of 0.5% of the VAT-exclusive value of authorized new construction and intervention works, except for reinforcement of residential buildings in seismic risk class I (art. 352 para. 1). Payment: 50% of the fee upon notification of work commencement (art. 278); the difference from the final value, until signing the reception report at the end of works (art. 352 para. 2). Delay is penalized at 0.15% per day (art. 352 para. 3). I.S.C. uses 50% and transfers 50% monthly to the ministry (art. 352 para. 4), which finances technical regulations, CNI programs, specialist certification and databases (art. 352 para. 5). Together with the 0.1% fee from art. 143 para. 4, an investor pays 0.6% of the value of authorized works for state control.

Powers of I.S.C. and local bodies art. 353-355. I.S.C. or the local body orders the stoppage of execution of works carried out without authorization, in violation of it or based on definitively cancelled authorizations (art. 353 para. 2), with conservation measures at the developer's expense (art. 353 para. 3). Together with the contravention sanction, entry to the site may be prohibited until authorization is obtained (art. 353 para. 6 lit. a), seals may be applied (lit. b) and disconnection from site organization utilities may be ordered (lit. c). Breaking seals is an offence under art. 260 of the Penal Code (art. 353 para. 7). The control body conducts frequent and unannounced inspections (art. 353 para. 8) and immediately refers to the prosecutor if the stoppage is not respected (art. 353 para. 11). Measures may be contested under Law no. 554/2004 (art. 353 para. 10). Mayors, local police and local control bodies monitor construction discipline and order work stoppage (art. 354 para. 1); reports by local police are forwarded for sanction application to the head of the urban planning structure, the president of the county council or the mayor (art. 354 para. 3).

Offences to the authorization regime art. 356. Punishable by imprisonment from 3 months to one year or by fine: execution without authorization or in violation of it of works on historical monuments, in their protection zones, in protected built-up areas, on constructions with exceptional architectural value and in special character zones from art. 184 (lit. a); continuation of works after stoppage order and breaking of seals (lit. b); preparation, signing or verification of documentation for specialties other than those certified by diploma or certificate (lit. c). Work stoppage may also be ordered by the prosecutor (art. 356 para. 2).

Contraventions to the authorization regime art. 357. Fines may be applied to natural and legal persons, public or private (art. 357 para. 3).

Non-compliance with the prohibition on construction in the shore zone, beaches and the 50-150 m strip and prohibitions in coastal tourist resorts (lit. t), commencement of notified works without completion of clarifications (lit. u) and change of destination without notification of neighbours' agreements (lit. v) are also offenses; for these three acts, art. 357 para. 4 does not expressly indicate a fine amount. Execution without authorization or notification of communication routes, utility networks, hydrotechnical works, energy facilities, boreholes, quarries and tent camps is also an offense (art. 357 para. 2). A warning is possible only once, at the first breach, for the acts at lit. h, k-o, q and s (art. 357 para. 6). Establishment is made by I.S.C. for all acts and by local departments for acts at lit. a-j, p and para. 2 (art. 357 para. 9). For constructions completed in fact at the date of establishment, the deadline runs from the date of actual completion (art. 357 para. 7). Authorities may request the administrative court to order demolition or regularization (art. 357 para. 10); the right to action prescribes in 10 years from the actual completion of works (art. 357 para. 11).

Chapter III - Constructions executed in breach of the law (art. 358-359)

The control body that sanctioned execution without authorization or in breach thereof orders, in addition to stopping the works: alignment with the authorization or notified project; obtaining the regularization authorization according to art. 301, if the works comply with urban planning regulations and fundamental requirements from art. 386; demolition, if they do not comply; demolition of works without authorization after expiry of the 1-year deadline from art. 301 para. 7 (art. 358 para. 1). The local authority analyzes compliance with urban planning documentation and orders retention or demolition (art. 358 para. 2). If the sanctioned person does not comply within the deadline in the report, the authority refers the matter to the court for alignment or demolition (art. 358 para. 3); the court sets deadlines (art. 358 para. 4), and if not met, measures are executed by the mayor's office, at the expense of those responsible (art. 358 para. 5). Beneficiaries of housing subsidies who are obligated to regularize shall refund the subsidies with legal interest (art. 358 para. 8). These provisions do not apply to transport infrastructure (art. 358 para. 9).

Constructions without authorization and temporary constructions on land belonging to the public or private domain of the state or local authorities may be demolished administratively, without demolition authorization and without court intervention, at the expense of the offender (art. 359 para. 1), ex officio or at the request of the owner or administrator of the land (art. 359 para. 2); if the authority does not act within 15 calendar days of the request, the owner or administrator of the land may immediately proceed with demolition (art. 359 para. 3).

PART VI - Specific administrative litigation (art. 360-365)

Any person may file a claim with the administrative court under Law no. 554/2004; illegally issued permits may be annulled (art. 360). Normative acts in the field (PUG, PUZ, regulations) are subject to administrative court review only for illegality, not for expediency (art. 361 para. 1-2); the court may pronounce total or partial nullity and suspension (art. 361 para. 3). Continuity rule: upon annulment of PUG or PUGZM, the previous PUG becomes applicable by law, without re-approval, with the obligation to initiate a new PUG (art. 361 para. 4); the reinstated PUG is valid for a maximum of 24 months (art. 361 para. 5), after which, or if no steps have been taken, permits are issued only on the basis of an approved PUZ (art. 361 para. 6). Upon annulment of a PUZ or PUD, the PUG or PUZ of the protected area applies directly (art. 361 para. 7). When suspension is ordered, trial deadlines are set at intervals of no more than 15 calendar days (art. 362 para. 2). After annulment of an unjustified rejection, the authority cannot reject a new identical request for the same reasons or on the basis of documentation changes made after the annulled act (art. 363). For constructions carried out on the basis of an annulled permit, the court may order, at the request of the holder, their retention if they comply with the law, urban planning regulations and fundamental requirements, based on technical expertise (art. 364). Cases are tried expeditiously by specialized panels; until their establishment, by administrative litigation sections (art. 365).