Notification, works without formalities and regularization

Section 5 - Notification and Works Without Formality (art. 294-300)

What it regulates. The two lower tiers of authorization: the simplified notification procedure (with tacit approval in 15 business days) and works that can be executed without any formality. For homeowners and small investors, this is the section with daily impact.

Works that can be carried out by notification (art. 294):

Execution by notification is done in compliance with construction quality, environmental legislation, urban documentation and heritage protection (art. 294 para. 5).

Notification procedure (art. 295-298). Notification is transmitted in all cases before starting works (art. 295 para. 1), by the holder of a principal real right or claim (art. 295 para. 2), by notification form accompanied by a technical execution project with simplified content prepared by architects with signature rights and engineers, with payment of fees (art. 295 para. 4). Petitions regarding the classification of works in an authorization regime are not notifications (art. 295 para. 9). The form is approved by ministerial order (art. 295 para. 10).

Authority response (art. 296 para. 1):

Notifications are recorded in a register, and projects are entered by designers in the National Register of Constructions (art. 296 para. 2). The deadline for completing notified works is 3 years from the expiry of the above deadlines (art. 296 para. 5). Work begins 15 calendar days after the expiry of the tacit approval deadline or after conditions are met (art. 296 para. 6). Notification serves as a declaration of responsibility by the beneficiary (art. 297 para. 2); the authority is not liable for disputes concerning the property or charges affecting it (art. 297 para. 1); responsibility for non-compliance with regulations rests with the beneficiary, designers and contractors (art. 297 para. 4). Notified works do not require technical verification for fundamental requirements, responsibility resting exclusively with designers (art. 298 para. 2); for single-family dwellings on standard projects, geotechnical and topographic studies are mandatory (art. 298 para. 3). Works may be carried out by contractors or by the owner (art. 298 para. 4), with an identification panel (art. 298 para. 5). Handover is done between contractor, beneficiary and a representative of the local authority, and the minutes are recorded by the beneficiary in the National Register of Constructions; until operationalization, a copy to I.S.C. (art. 298 para. 6). Land registration is done on the basis of proof of notification and registration in the register (art. 298 para. 7).

Works without any formality (art. 299 para. 2). Interventions on existing constructions, outside protected areas (lit. a): repairs to fences without changing shape and materials (pt. 1); repairs to roofs and terraces without changing shape and appearance (pt. 2); interior joinery (pt. 3); exterior joinery preserving the shape and dimensions of openings, even with material changes (pt. 4); exterior finishes without modifying façade elements and colours (pt. 5); pavements, stairs, exterior terraces without changing architectural form (pt. 6); interior finishes and flooring (pt. 7); stoves and chimneys (pt. 8); interior installations and connections within property limits (pt. 9); local heating systems, air conditioning units and meters (pt. 10); fire suppression installations (pt. 11); radio access points with restricted range (pt. 12); photovoltaic systems on buildings, annexes and land of prosumers and solar panels for own consumption, with prior notification to the local authority and with support structure dimensioned for wind and snow (pt. 13); maintenance of transport infrastructure (pt. 14); ballistic cabins next to SNAOPSN buildings (pt. 15); automated systems for postal deliveries of maximum 6 sqm on private land (pt. 16). Arrangements (lit. b): maintenance in camping sites; façade gardens outside protected areas; connections and hookups within property limits; retaining walls, ground floor stairs, demountable terraces and pergolas within the property, outside protected areas; funeral constructions with cemetery approval; planted strips; raising of pedestrian crossings and markings with prior approvals. New constructions as annexes to single-family dwellings in rural areas (lit. c): covered terraces, pergolas, summer kitchens, kiosks, sheds, sanitary facilities, not exceeding cumulatively 20 sqm and 2.5 m height, without foundation, temporary, demountable, on wood or metal structure, respecting PUG, local regulations and the Civil Code. These annexes are declared and taxed on the basis of a declaration of responsibility and are removed on the basis of the owner's declaration (art. 299 para. 12).

Compliance with urban planning, technical, environmental and heritage regulations remains mandatory (art. 299 para. 3), responsibility resting jointly with the beneficiary, designers and contractors (art. 299 para. 4). Handover is mandatory and is recorded in the technical file and in the National Register of Constructions (art. 299 para. 5). Geotechnical boreholes for studies are permitted without authorization and without environmental approval (art. 299 para. 9), owners being obliged to allow access for geotechnical investigations of infrastructure objectives, with compensation for damage (art. 299 para. 10).

Location approval (art. 300). Without authorization, on the basis of a location approval, the following may be placed: bicycle racks and charging stations for electric vehicles; air quality measurement points; waste pre-collection systems; road signage and video monitoring; mobile ecological toilets; kiosks, lecterns, automated postal systems, caravans and vending machines directly on the ground, without foundations, of maximum 12 sqm, without connections except for electricity; street trading furniture on the basis of local council regulations; temporary arrangements for shows, fairs, ice rinks, amusement parks; noise monitoring stations.

Section 6 - Regularization Authorization (art. 301)

What it regulates. The instrument for legalizing constructions executed without authorization or in breach of it. The permanent regime is restricted to small dwellings and annexes; the 1-year transitional regime opens regularization for any construction, with tenfold taxes and rates.

The person responsible for work executed without authorization or in breach thereof is obliged to request a regularization permit from the competent authority that issues the building permit (art. 301 para. 1). Permanent regime: may be issued only for single-family dwellings, ground floor or ground floor and one storey, with a built area of maximum 150 sqm, which are not monuments and are not located in monument protection zones or protected built areas; for annexes to dwellings, farm annexes or agricultural facilities of maximum 150 sqm built area; and for balcony enclosures without extension on public domain (art. 301 para. 2). Cumulative conditions: environmental legislation, fundamental requirements from art. 386, SNAOPSN requirements and urban planning regulations (art. 301 para. 3). Environmental conditions are verified by environmental authorities (art. 301 para. 4). If not cumulatively met, demolition applies (art. 301 para. 5); if technical solutions exist, a building permit or partial demolition may be imposed (art. 301 para. 6).

Transitional regime: for a maximum period of 1 year from the code's entry into force, regularization may be requested also for other categories of buildings, provided they comply with urban planning regulations approved on the date of issuing the regularization permit, fundamental quality requirements, fulfilment of tax obligations and application of contravention measures (art. 301 para. 7). In this case, state control fees are ten times the fees that would have been due for legal execution, and the urban planning certificate and authorization fee is ten times the fee in the Tax Code (art. 301 para. 8). Fundamental requirements are verified through technical expertise by experts certified for each requirement (resistance, fire, hygiene, safety, noise, energy), and urban planning regulations by the specialized structure or, in the absence of staff, by specialists with signature rights employed by the applicant (art. 301 para. 9). The authority may request compliance works (art. 301 para. 10).

Increased tax: for buildings executed without authorization or in breach thereof, not regularized before the code's entry into force, the building tax is increased by 100% from the date of finding by the local authority until regularization or demolition; payment of the tax does not produce effects regarding regularization and does not eliminate sanctions (art. 301 para. 11). After the 1-year period expires, authorities may demolish unauthorized works with recovery of costs or are obliged to request the court to order demolition of unregularized buildings (art. 301 para. 12); the request is filed by the mayor within 30 days of the period's expiration, based on the report of the specialized department or I.S.C. (art. 301 para. 13). The court orders total or partial demolition or restoration to the previous state (art. 301 para. 14); the judgment is an enforceable title, and demolition is carried out at the contravener's expense, in simplified procedure (art. 301 para. 15).

Chapter II - Authorization of building demolition works (art. 302-303)

The demolition permit is issued under the same conditions as the building permit (art. 302 para. 1). If a new building is constructed in place of the demolished one, a single building permit is issued which also approves demolition (art. 302 para. 2), with payment of only the fee for the new building (art. 302 para. 3). The framework content of the demolition project is in annex no. 5 (art. 302 para. 4). Demolition of farm annexes and external structures of single-family dwellings, outside protected built areas, is done by notification (art. 302 para. 5). Local authorities may demolish their own buildings in advanced state of degradation and which endanger public safety, except for monuments, based on an emergency demolition permit (art. 303).

Chapter III - Common provisions on building authorization (art. 304-318)

Competence (art. 304). Building, modification, regularization and demolition permits are issued by the mayor of the commune, town, municipality, the sector mayor or general mayor, or by the county council president (art. 304 para. 1). The mayor issues for all works in the UAT, except Bucharest, where competences follow art. 130, 131 and 584 (art. 304 para. 2). The county council president issues, with prior approval of the mayor, for properties exceeding the limit of a UAT and for UATs without specialized structures (art. 304 para. 3), as well as, with the approval of the general secretary, when the local council is dissolved or the mayor is unable to exercise his duties (art. 304 para. 4).

Single agreement commission (art. 305-308). Its organization is mandatory at county councils, municipalities and Bucharest sectors (art. 305 para. 1) and optional at other authorities (art. 305 para. 2); where not established, duties are transferred to the county council commission based on a convention (art. 305 para. 3). It works mainly online, with electronically signed documentation (art. 305 para. 4). It receives documentation through the single window, analyzes, coordinates completions between approvers and issues single agreement after fee payment (art. 306). It is composed of the authority's specialists, representatives of utility operators, deconcentrated services (fire, Seveso, civil protection, health) and other issuers (art. 307 para. 2); the secretariat is at the chief architect's structure (art. 307 para. 4). Approval fees are set by issuers, paid through ghiseul.ro in a collector account and transferred to issuers within maximum 24 hours (art. 308 para. 1-2); councils may set a special fee for single agreement (art. 308 para. 3).

Validity of permits (art. 309-311).

Approvals and agreements retain their validity until reception upon completion of works, unless new elements arise (art. 311 para. 1); for special telecommunications, throughout the implementation period, provided execution commences within 36 months of authorization (art. 311 para. 2); for national transport infrastructure, throughout the implementation period (art. 311 para. 4).

Transfer, fees, publicity (art. 312-315). Upon change of holder, the rights and obligations from the authorization, certificate, approvals and agreements are transferred by operation of law (art. 312). The authorization fee is calculated according to art. 474 of the Tax Code, and the architecture stamp according to Law no. 35/1994 (art. 313 para. 1). Emergency interventions on buildings with public danger, works on places of worship and historical monuments are exempt from fees, except those with commercial activities (art. 313 para. 3). For works by notification, the fee is half of the fee in the Tax Code (art. 313 para. 4). The list of urbanism certificates is public and is posted monthly (art. 314 para. 1). Within 30 days of issuing authorizations and rejections, the public authority posts information at its office and on its website (art. 314 para. 2), including number and date, description, POT and CUT, withdrawals, areas, height regime, heritage and environmental approvals, site plan and all facades (art. 314 para. 5). The beneficiary, after communication of the authorization and before commencing works, notes at his own expense in the land register and in a widely circulated newspaper the number, date and description of the project and displays the identification panel (art. 314 para. 7); the content of the authorization is deemed brought to the public's knowledge on the date of the last publicity operation (art. 314 para. 8). The list of notified works approved tacitly is public (art. 314 para. 10). Authorities maintain digital registers of certificates, single agreements, authorizations and notifications (art. 315 para. 1), communicated monthly to the County Construction Inspectorate (art. 315 para. 2).

Obligations of approvers (art. 316). Issuers of approvals must publish the framework content of documentation and the method of calculating fees (art. 316 para. 1 lit. a), issue approvals within the deadlines from art. 269 (lit. b), request completions only once, within maximum 5 business days of receiving the documentation (lit. d), issue approvals in principle for transport infrastructure within maximum 10 days (lit. e), work digitally (lit. f), analyze in committee within maximum 30 days (lit. g), not charge fees for public works (lit. i), prioritize PNRR investments (lit. j), not change the case manager (lit. m) and not condition approvals on other approvals (lit. n). The Ministry of Culture approval is issued for buildings within maximum 30 business days of complete documentation (art. 316 para. 3). For approvals without committee, no completion is permitted after the 5 business days (art. 316 para. 4).

Who signs the projects (art. 317). Architecture part: architect with recognized diploma, for any consequence class; architect conductor or urban planner with OAR signature right, for CC1 class outside protected areas; the architect, urban planner or architect conductor coordinates the entire documentation as project manager for civil buildings (art. 317 para. 1 lit. a). Interior architecture: interior architect with signature right (lit. b). Engineering: construction engineers, installation engineers, landscape engineers and engineers from other fields, for any class; sub-engineers in construction for CC1 outside protected areas (lit. c). Responsibility for issuing authorizations rests with the signatories (art. 318 para. 1); the authority is not liable for disputes existing at the date of issuance (art. 318 para. 2).