PUG, PUZ, PUD and local urban regulations
Part I of Book I establishes what territorial planning and urban planning documents exist, who prepares them, and what legal force each has. Here are the rules for the general urban plan, zonal urban plan, detailed urban project, local urban regulations and supporting studies. For an investor, this is the chapter that explains what documentation is needed before the urban certificate.
art. 86-147All 13 chapters
- 1. How the Code of Urbanism is organized
- 2. PUG, PUZ, PUD and local urbanism regulations
- 3. Approval, public consultation, responsibilities and control
- 4. Zoning, building plots and land use
- 5. Protected areas, monuments and cultural landscape
- 6. Subdivision, consolidation, severance and urban regeneration
- 7. Urban certificate and authorization of new buildings
- 8. Notification, informal works and regularization
- 9. Engineering works, concessions, penalties and disputes
- 10. Quality and fundamental building requirements
- 11. Roles: client, developer, designers, contractors
- 12. Lifecycle, handovers, warranties and materials
- 13. Transitional provisions, annexes, glossary and index
- Full text of the law
BOOK I - On Territorial Planning and Urbanism
PART I - General Provisions for Territorial Planning and Urbanism
Title I - Provisions on Territorial Planning and Urbanism
Chapter I - General Provisions (art. 1-9)
What it regulates. The chapter sets out the subject matter of the code, the public interest nature of territorial planning and urbanism, and the principles and objectives of these two activities. It contains no terms or thresholds, but establishes the framework for interpreting the rest of the law, including the rule that national public interest prevails over local interest.
Code objectives. The Code pursues the satisfaction of social, economic, mobility and heritage needs, rational use of territory, sustainable development, transparency of documents, simplification and digitalization of approvals and authorizations, and increased use of energy-efficient solutions (art. 1 para. 1). The meaning of terms used is defined in annex no. 1 (art. 1 para. 2).
Territory as national wealth. Central and local authorities are the managers of territory and may impose restrictions on the use of private property in favor of public interest, within the limits of the Constitution, the code and other laws (art. 2 para. 3). Natural and legal persons contribute to territorial development through participation in the preparation of planning instruments, through projects and through views expressed in planning, approval and authorization processes (art. 2 para. 4).
Public interest. It is defined as prioritizing the use of territory for investments necessary for sustainable development, protecting natural and built heritage, quality of the built environment and equitable access to utilities and services (art. 3 para. 1). To protect it, authorities may institute through territorial planning and urban planning documents measures and prohibitions regarding land use and construction or exploitation (art. 3 para. 2).
Spatial management. It is a mandatory and continuous activity of authorities (art. 4 para. 1), carried out through territorial planning, urbanism and geospatial information systems (art. 4 para. 2). The scope of activities includes research, standardized urban databases compatible with INSPIRE, development of strategies, documents and normative acts, management of documents and monitoring of their implementation (art. 4 para. 3).
Territorial planning vs. urbanism. Territorial planning is spatial planning of public interest, through which regional development policy and sectoral policies are coordinated at territorial level at national, regional, county or intercommunal level (art. 5 para. 1). Urbanism is the activity coordinated by local and/or central authorities, through which development directions and the manner of use and occupation of land and properties in administrative-territorial units are established (art. 6 para. 1); the main purpose is to regulate and coordinate the evolution of localities (art. 6 para. 3).
Principles (art. 7). Eight principles: transparency and public participation; priority of general interest, with the express rule that national public interest prevails over local public interest (art. 7 lit. b); protection of environment and cultural heritage; efficient use of resources; sustainable use of territory; cooperation; integrated approach; simultaneous horizontal coordination (between neighboring administrative-territorial units) and vertical (between national, regional, county and local levels) (art. 7 lit. h).
Objectives. Territorial planning pursues, among others, limiting uncontrolled expansion of built-up areas and conservation of agricultural land (art. 8 para. 1 lit. c), risk prevention, sustainable mobility, digitalization of planning (art. 8 para. 1 lit. j) and needs of the national defense system (art. 8 para. 1 lit. m). Urbanism pursues control of expansion of built-up areas (art. 9 lit. d), architectural quality (art. 9 lit. f), land reserves for public services (art. 9 lit. j), the "15-minute city" concept (art. 9 lit. m), reduction of timeframes for issuing administrative acts through digitalization (art. 9 lit. n) and decarbonization of public space (art. 9 lit. q).
Who is affected. Mainly public authorities. For owners and investors, the chapter matters because it legally grounds the restrictions imposed on private property through urban planning documents (art. 2 para. 3, art. 3 para. 2).
Chapter II - Instruments for Planning Territorial Development (art. 10-15)
What it regulates. The hierarchy of planning instruments, the distinction between documents with a directive character (territorial planning) and those with a regulatory character (urbanism), the mandatory GIS format and the legal force of each category.
Hierarchy of instruments (art. 10).
| Level | Instrument | Character | Legal basis |
|---|---|---|---|
| National | Romania's Territorial Development Strategy; PATN by sections; Romania's Urban Policy | directive | art. 10 para. 2 |
| County | County Territorial Planning Plan (PATJ) | directive | art. 10 para. 3 |
| Intercommunal / metropolitan | PATZ/I (master plan scheme, each local authority makes its own PUG); PUGZM (regulation for the entire area, without individual PUGs); PUZ for investments across multiple local authorities | master plan / regulation | art. 10 para. 4 |
| Local | PUG; PUZ prepared in accordance with PUG | master plan and regulation | art. 10 para. 5 |
Territorial planning documents are: Romania's Territorial Development Strategy, PATN, PATJ, PATZ/I and county development strategy (art. 11 para. 2). They are prepared by interdisciplinary teams of certified specialists (art. 11 para. 4), in vector format on geospatial support (art. 11 para. 5), in digital and analogue format (art. 11 para. 6). Their binding provisions are mandatory for all public administration authorities (art. 12 para. 2).
Urban planning documents are divided into urban planning documents (PUGZM, optional, which replaces individual PUGs; PUG, mandatory for all local authorities except those that have chosen PUGZM; PUZ) and urban design documents, namely the detailed urban design project (art. 13 para. 2). They are prepared in GIS-compatible vector format, using data from private utility and electronic communications network operators (art. 13 para. 5) and are integrated into the National Territorial Observatory (art. 13 para. 6).
Legal force of urban planning documents. Urban planning documents are administrative acts with normative character, applicable down to the level of cadastral plots, public and private (art. 14 para. 1). Their provisions are mandatory for issuing urban certificates and building, modification, regularisation or demolition permits (art. 14 para. 2). Rule with direct practical effect: the zone function established by the urban planning document prevails over the land use established under the Land Fund Law no. 18/1991 (art. 14 para. 3).
Correlation. Documents must be correlated from national to local level and vice versa, respecting higher-level public interest projects (art. 15 para. 1), through GIS data exchange and through the INIS platform (art. 15 para. 2).
Chapter III - Planning the development of the national territory (art. 16-30)
What it regulates. The three national instruments: Romania's Territorial Development Strategy, Romania's Urban Policy and PATN, with its six sections. It is an institutional chapter, with indirect impact on investors, except for the rule of prior approval on land reserved for national projects.
Romania's Territorial Development Strategy. Long-term guiding document, with strategic objectives for 20-25 years (art. 16 para. 2). Prepared by the ministry responsible for territorial planning, urbanism and construction, in cooperation with relevant ministries (art. 17 para. 1). Approved by organic law (art. 18 para. 1) and mandatory transposed into PATN sections, planning documents, urban planning documents and public investment programmes (art. 18 para. 2). Mandatory objectives include connection to European transport corridors, territorial cohesion, urban-rural cooperation, heritage, biodiversity, tourism, health, education, digital infrastructure and forest fund (art. 16 para. 3).
Romania's Urban Policy. National strategic document for resilient, green, inclusive and competitive cities (art. 19 para. 1), prepared by the same ministry (art. 19 para. 2) and approved by Government decision (art. 20 para. 1). Mandatory elements are taken up in integrated local development strategies and urban planning documents, tailored locally (art. 20 para. 2-3).
PATN. Sets the guidelines for national territory development, transposing territorial strategy, national defence strategy, sectoral strategies and natural risk zones (art. 21). It has six sections (art. 22 para. 1):
| Section | Content | Practical rule |
|---|---|---|
| I - National public infrastructure | road, rail, air, maritime transport networks, correlated with the General Master Transport Plan; energy, gas, oil, communications (art. 24 para. 2) | authorisation of construction on land reserved for projects of national or regional interest is granted only with the prior approval of the central specialised body (art. 24 para. 4) |
| II - Natural resources management | water, soils, forests, energy and mineral resources (art. 25 para. 1) | provisions are mandatory and are taken up in urban planning documents (art. 25 para. 2) |
| III - Natural and cultural heritage | heritage values of national, community and international interest (art. 26 para. 1) | for built-up areas protected as being of international and national interest, PUZ is prepared, correlated with UNESCO management plans (art. 26 para. 3) |
| IV - Network of localities | ranks, minimum facilities per rank, indicators, criteria for transition from commune to city to municipality in both directions (art. 27 lit. a-c) | territories with special regulations: Danube Delta, coastal zone, mountain zone (art. 27 lit. e) |
| V - Zones with tourist resources | zones with high concentration of tourist resources (art. 28 para. 1) | prohibition of authorisation without prior approval on land reserved for national or regional projects (art. 28 para. 2) |
| VI - Territorial defence infrastructure | facilities used exclusively for defence purposes, military mobility (art. 29 para. 1) | constructions may have dual civil-military use (art. 29 para. 2) |
PATN sections are prepared by interdisciplinary teams under the coordination of the ministry (art. 23 para. 1), in GIS vector format, taken up in the National Territorial Observatory (art. 23 para. 2). Approved by organic law (art. 30 para. 1). Operations of national interest benefit from special planning and/or authorisation regime and accelerated procedure for issuing all approvals (art. 30 para. 2); new ones, not included in PATN, are approved by Government decision (art. 30 para. 3). PATN provisions are mandatory and are taken up in all lower-level documents (art. 30 para. 5).
Chapter IV - Planning of county territory (art. 31-36)
What it regulates. PATJ: content, preparation, correlation with sectoral documents, approval, updates. For investors, two things matter: PATJ can impose temporary bans on introducing land into building zones and, based on it, building permits for infrastructure outside town limits are issued directly.
Nature of PATJ. The strategic territorial planning documentation of the county, which sets medium and long-term objectives regarding territorial balance, county infrastructure, mobility, energy, climate, water, biodiversity, waste, contaminated sites and risks (art. 31 para. 1). It is the main planning instrument at county level (art. 31 para. 2); it correlates with PATJ of neighbouring counties (art. 31 para. 3) and includes cross-border elements where applicable (art. 31 para. 4).
Content. Strategic macro-territorial zoning: tourist zones, deep rural areas, industrial and mining zones, functional urban zones, contaminated sites, ecological corridors, flood-prone areas (art. 32 para. 1). PATJ may require or recommend preparing an intercommunal development plan (art. 32 para. 3) and may designate zones with a ban on introducing land into building zones for a defined period, for environmental protection, defence, agriculture or flood risk management (art. 32 para. 4). Mandatory components: foundation studies on demographics, settlement network, public services, facilities, environment, heritage, economy; analysis of the existing situation; prospective diagnosis; county territorial strategy; policies and guiding elements to be mandatorily included in PUGs upon update; implementation plan with staging, responsible parties and funding sources (art. 32 para. 5). PATJ may require PUZs in certain local administrative units for projects of county interest, in which case the county council finances the PUZ (art. 32 para. 8-9).
Preparation. Initiative belongs to the county council; technical coordination is the responsibility of the county chief architect (art. 33 para. 1). The coordinator must have a signature right in territorial planning granted by the Register of Urban Planners of Romania (art. 33 para. 2). Preparation is done through its own apparatus, through expertise centres provided for in art. 134 or through public procurement (art. 33 para. 3). Central public institutions and territorial data holders are obliged to provide data free of charge within a maximum of 15 days (art. 33 para. 5).
Correlation with sectoral documents (art. 34). PATJ correlates with a long list of documents: waste management plans, transport strategies, water and sewerage master plans, air quality plans, noise maps, aeronautical easements, road and railway safety zones, General Master Transport Plan, flood hazard and risk maps, Seveso compatibility zones (Law no. 59/2016), management plans for hydrographic basins and protected natural areas, inventory of contaminated sites, coastal zone plan, territorial landscape plans, maritime space development plan and sanitary and hydrogeological protection zones (art. 34 para. 2 lit. a-x).
Approval and effects. PATJ is reviewed by integrated review commissions, is subject to strategic environmental assessment and is approved by a decision of the county council adopted with absolute majority (art. 35 para. 1). Its provisions are mandatory for PUGs in the county and for local strategies (art. 35 para. 2). Based on PATJ, building permits are issued directly for main networks, communication routes, land improvements, hydrotechnical works, electronic communications networks and other infrastructure works executed outside town limits or on the territory of at least two local administrative units, as well as for other public objectives of county importance (art. 35 para. 3).
Updates. Can be done by components, through simplified procedure (art. 36 para. 1). It is mandatory for significant changes in foundation elements, for legislative changes that make provisions inoperative, for significant demographic or socioeconomic changes and for changes in the territorial structure of local administrations (art. 36 para. 2). Full revision cannot exceed 15 years from the last full revision (art. 36 para. 3).
Chapter V - Planning at intercommunal and metropolitan level (art. 37-41)
What it regulates. Three instruments for territories exceeding a single local administrative unit: PATZ/I, PUGZM and PUZ for investments across multiple local administrative units.
Section 1 - Zonal/intercommunal territorial development plan (art. 37-38)
PATZ is strategic territorial planning documentation with a guiding character; when prepared for local administrative units organized in intercommunal development associations or administrative consortia, it is called an intercommunal territorial development plan (art. 37 para. 1). It covers multiple local administrative units, counties or parts thereof, including cross-border territory (art. 37 para. 2). It is initiated by the intercommunal development association, prepared under the coordination of the county chief architect and financed from the association's budget (art. 38 para. 1); for non-associated local administrative units, financing comes from contributions of local budgets (art. 38 para. 2). It is approved by each initiating local administrative unit through a decision of the local council with absolute majority and enters into force after approval by all (art. 38 para. 3).
Section 2 - General urban plan of the metropolitan zone (art. 39-40)
PUGZM is optional and ensures integrated urban planning of local administrative units in a metropolitan zone established in accordance with Law no. 246/2022 (art. 39 para. 1-2). Preparation is initiated by the metropolitan zone and carried out by expertise centres; until their establishment, by the technical apparatus of the metropolitan zone, if it has specialists with PUG signature rights, or through public procurement (art. 39 para. 3). PUGs started previously are taken over in PUGZM (art. 39 para. 4), and component local administrative units no longer prepare individual PUGs (art. 39 para. 5).
Entry into force rule: PUGZM is approved by each local council and enters into force progressively, for each UAT after its own approval, starting from the date of approval by the polarizing UAT and by at least 50% + 1 of the member UATs (art. 40 para. 1). After entry into force, it replaces the previous PUGs of the UATs that approved it (art. 40 para. 2).
Section 3 - PUZ for investments on the territory of multiple UATs (art. 41)
It is a unitary documentation approved by each interested local council (art. 41 para. 1). PUZs for public investments provided for in higher-level strategies or plans do not require an initiation opinion (art. 41 para. 2). In other cases, the specialized structures of the UATs consult each other, and the initiation opinion is issued by the county chief architect and approved by the president of the county council; each mayor issues an opinion (art. 41 para. 3). Approval is made by resolution of each local council, with absolute majority, and the plan enters into force on the date of adoption of all resolutions (art. 41 para. 4).
Chapter VI - Planning of local development and urban regulation at local level (art. 42-59)
What it regulates. The most important chapter of Title I for practice: the integrated local development strategy, PUG (content, foundation studies, elaboration stages, opinion timelines, approval, effects), then PUZ, PUZ for protected areas, local regulations, foundation studies and detailed urban project (art. 60-84, in the next part of the summary).
Section 1 - Integrated intercommunity/local sustainable development strategy (art. 42-44)
The strategy establishes the vision and sustainable development objectives, transposed spatially through PATZ/I and urban plans (art. 42 para. 1-2). It is mandatory only for UATs not associated in an intercommunity development association that do not have an approved intercommunity strategy (art. 42 para. 3). It is elaborated by the local authority with the participation of all departments of the town hall (art. 43 para. 1), compatible with Romania's Urban Policy and national strategies (art. 43 para. 2). It is approved by resolution of the local council with absolute majority (art. 44 para. 1), transposed into PUG and PUZ (art. 44 para. 2) and monitored on the indicators of Urban Policy (art. 44 para. 3).
Section 2 - General urban plan (art. 45-59)
Nature of PUG. Urban planning documentation with directive and regulatory character, directly applicable down to the level of cadastral plots, mandatory element for substantiating urbanism certificates and building/demolition permits (art. 45 para. 1). Elaboration and updating are mandatory for each UAT, on the entire territory, inside and outside town limits, except for UATs in a metropolitan area that have opted for PUGZM (art. 45 para. 3).
Mandatory regulations in PUG (art. 46 para. 1). The list has 34 items (lit. a-hh). Those with direct impact on owners and investors:
- delimitation of town limits (lit. a) and territorial reference units (lit. b);
- minimum and maximum urban indicators per UTR, including permitted heights (lit. c);
- areas affected by limitations of property rights, urban restrictions and prohibitions (lit. g);
- protected built areas and protection zones of properties with special regulations (lit. j);
- forms of ownership and properties proposed for expropriation (lit. k);
- natural and anthropic risk areas, including historical waste deposits (lit. m), and Seveso sites with safety distances (lit. n);
- areas with access restrictions for vehicles with CO2 emissions (lit. o);
- urban regeneration and restructuring areas (lit. r);
- areas for which PUZ is mandatory (lit. s) and areas where modification of regulations through PUZ is prohibited (lit. t);
- areas proposed for extension or reduction of town limits (lit. u) and areas with temporary or permanent prohibition of construction (lit. v);
- green spaces, green belts, green-blue infrastructures (lit. x) and areas of importance for urban identity: central zones, waterfronts, cornices, emblematic perspectives (lit. z);
- specific conditions for subdivision and resubdivision (lit. bb), areas declared as long-term land reserve (lit. dd), archaeological sites (lit. gg) and contaminated sites (lit. hh).
PUG includes detailed regulations for the central area, monuments and protected built areas (which are detailed through PUZ), local cultural landscapes, flood-prone areas, sanitary protection zones and riverbed protection zones (art. 46 para. 2), defined on the basis of foundation studies (art. 46 para. 3). Threshold rule: areas with CUT greater than 4 are established only through PUG and the related local regulation (art. 46 para. 5).
PUG correlation. PUG uses sectoral strategies: air quality plan, sustainable urban mobility plan, local landscape plan, noise maps, flood maps, green space register, contaminated sites inventory, energy and climate plans, management plans for protected areas (art. 47 para. 1). Sectoral documents approved earlier and non-compliant with the new PUG must be correlated within 1 year of PUG approval (art. 47 para. 2). PUG respects territorial planning plans (art. 47 para. 3).
Content and components. The General Urban Plan is differentiated based on the UAT category (urban/rural), population size and rank in the settlement network (art. 48 para. 1) and is developed in GIS with vector data and attribute data (art. 48 para. 3). Mandatory written components: general report with diagnostic assessment and spatial development strategy; local urban planning regulations; action plan and public investment programme with cost-benefit analyses (art. 49 para. 1). Local regulations contain urban planning rules, including restrictions on private property rights (art. 49 para. 6) and must establish: dominant land use by zones (art. 49 para. 7 lit. a), location relative to communication routes (lit. b), minimum buildability conditions regarding property dimensions and area (lit. c), ground coverage, height and external appearance (lit. d), parking, green space and play area requirements, with the note that parking requirements do not apply to renovation or consolidation works on existing buildings (lit. e), cases where demolition in protected areas may be prohibited (lit. f), minimum and maximum occupation coefficients and maximum density indices (lit. g). Mandatory drawn components are listed in art. 50 para. 1: territorial context, existing situation, functional territorial units, urban planning regulations, utility networks, legal circulation of land with proposed expropriation zones, public interest objectives and Seveso compatibility zones plan.
Stages of General Urban Plan development (art. 51 para. 1).
| Stage | Content | Deadline |
|---|---|---|
| a-d | initiation and terms of reference; foundation studies; analysis of existing situation and diagnostic; preliminary form | - |
| e | uploading preliminary form to the National Urban and Territorial Planning and Building Authorization Platform; until platform operationalization, digital transmission with qualified electronic signature (OUG no. 140/2020) to all reviewing bodies | - |
| f | analysis by reviewing bodies and transmission of specific conditions | maximum 60 calendar days from upload |
| g | integration of conditions; conditions from SNAOPSN institutions are taken over as is, without possibility of rejection | - |
| h | uploading revised form; in case of divergences between reviewers, secretariat convenes integrated review commission meeting within maximum 5 working days, online | 5 working days |
| i | issuance of opinions by local and national integrated review commissions; incomplete documentation is notified to applicant | maximum 15 working days from uploading complete revised form; notification within 15 working days |
| j-k | verification by specialized structure; approval by local council | - |
Public information and consultation are ensured at all stages, according to methodology approved by ministerial order (art. 51 para. 2).
Initiation. The initiative to develop, update or modify the General Urban Plan is approved by local council resolution (or General Council of Bucharest Municipality) by absolute majority, at the proposal of the mayor, based on the chief architect's report, prepared after consulting the technical committee for territorial planning and urbanism; the report includes technical justification, deadlines and budget (art. 52).
Terms of reference and development. Terms of reference are prepared by the specialized structure headed by the chief architect, with consultation of all municipal departments (art. 53 para. 1-2). Development is carried out through own staff, through expertise centres (art. 134) or through public procurement (art. 53 para. 5).
Foundation studies. Developed by specialists with signature authority (art. 54 para. 1). Institutions and economic operators holding necessary information provide it free of charge within 15 days (art. 54 para. 2). Previous studies may be used if data obtained maximum 3 years before development or initiation (art. 54 para. 5). Mandatory studies for all General Urban Plans (art. 55 para. 1): topographic and cadastral support; property regime; public transport infrastructure; sociodemographic; technical-utility infrastructure; public facilities; economic activities; environment, risks and climate change; immovable cultural heritage; urban energy performance and smart city; 3D modelling for areas with pronounced urban dynamics; geotechnical and hydrogeological conditions; other studies as specific. Public transport study substantiates regulations allowing investment authorization in relation to public transport capacity and road safety and includes access for emergency services (art. 56 para. 2-4).
Review. The General Urban Plan is reviewed by local and national integrated review commissions through the National Platform and, separately, by SNAOPSN institutions (art. 57 para. 2). A working group coordinated by the chief architect operates throughout development (art. 57 para. 3-4). County chief architect ensures coordination of neighbouring General Urban Plans and with County Territorial Planning Plan (art. 57 para. 5). Framework model of terms of reference is approved by ministerial order and mandatorily includes public consultation stages (art. 57 para. 6-7). Integrated review commissions (national and local) have permanent composition and operate digitally (art. 58 para. 1-2); participation of reviewing entities is mandatory (art. 58 para. 3), and representatives transmit specific data within maximum 60 calendar days from preliminary consultations (art. 58 para. 4 lit. b).
Approval and effects. The General Urban Plan is approved by local council resolution by absolute majority, based on integrated opinion and SNAOPSN opinions (art. 59 para. 1). Resolution concerns documentation in its entirety (art. 59 para. 3). Local councillors cannot introduce amendments to technical content of reviewed documentation, by derogation from the Administrative Code (art. 59 para. 4). General Urban Plan regulations become binding norms for urban certificates and building permits throughout the UAT (art. 59 para. 5), and public investment programme and action plan become binding for both the authority and all natural and legal persons (art. 59 para. 6).
Who is affected. City halls and local councils (obligation to have an updated PUG, with the transitional deadline from art. 573 onwards), signatories with design authority, reviewers; indirectly all property owners, because PUG determines what, how much and where can be built on each plot.
Modificarea PUG (art. 60). PUG și PUGZM se pot modifica, în cazuri temeinic justificate, prin trei proceduri distincte (art. 60 alin. 1):
| Procedure | What it allows | How it is done |
|---|---|---|
| simplified amendment (lit. a) | correction of material errors: inconsistencies between documents, omissions | chief architect's report, consultation of the technical committee, opinion of the single review committee; reconfirmation of opinions, if necessary, within maximum 30 days |
| targeted amendment (lit. b) | updating information or boundaries regarding properties of institutions in SNAOPSN | chief architect's report, with the opinion of the single review committee |
| revision within the validity period (lit. c) | changes with limited consequences in a specific area, through PUZ | in compliance with the rules for reviewing urban planning documentation |
Material errors cannot involve amendment of the local regulations as a whole, increase of urban indicators or height, reduction of minimum distances between buildings, alignment regime or functional zoning (art. 60 para. 2). If the local authority does not have a specialized structure and qualified chief architect, the amendment is promoted by the specialized structure of the county council (art. 60 para. 1 lit. a). Institutions in SNAOPSN can propose revision or targeted amendment (art. 60 para. 3).
Actualizarea integrală a PUG (art. 61). Constă în revizuirea reglementărilor pentru corelare cu modificările legislative, cu tendințele de dezvoltare și cu lista de investiții; se fundamentează pe studii sau rapoarte de conformare; actualizarea integrală și elaborarea unui PUG nou urmează aceeași procedură (art. 61 alin. 1). Rapoartele și analiza gradului de implementare se realizează de arhitectul-șef la 5 ani după aprobarea planului, se prezintă consiliului local și se publică pe site (art. 61 alin. 2). Modificările comunicate oficial de instituțiile din SNAOPSN se iau în calcul la emiterea certificatelor de urbanism chiar dacă PUG nu a fost actualizat (art. 61 alin. 3).
Section 3 - Zonal urban plan (art. 62-76)
What it regulates. PUZ is the instrument through which PUG regulations are detailed or amended for a zone. The section establishes when PUZ can be made, what it can amend, who can initiate it, the ceilings for increasing indicators (20% and 10%), the initiation opinion with its deadlines, mandatory studies, equipment fees and urbanization contracts, review, approval and validity. It is the reference section for developers who want to change the regime of a plot.
Situațiile în care se elaborează PUZ (art. 62 alin. 3): pentru detalierea reglementărilor în zone complexe unde PUG nu a prevăzut condițiile minime de autorizare; pentru operațiuni urbanistice (Partea IV, Titlul I); pentru modificarea reglementărilor aprobate, numai în situații temeinic fundamentate din perspectiva interesului general și după obținerea avizului de inițiere. Situațiile considerate justificate pentru modificarea PUG prin PUZ: regimul intravilan/extravilan, regimul de construire, conformarea parcelarului, funcțiunile, înălțimea maximă, CUT maxim, POT maxim, retragerile față de aliniament și limite, distanțele între clădiri pe aceeași parcelă, materialele admise, cu excepția zonelor în care PUG interzice modificarea prin PUZ (art. 62 alin. 4). Zonele pentru care PUG poate impune PUZ (art. 62 alin. 6): zone centrale, zone construite protejate, zone de agrement și turism, parcuri industriale și de servicii, reconfigurări de parcelar, infrastructuri de transport noi (fără cele de interes național), zone de regenerare sau restructurare urbană, zone introduse în intravilan (zone de urbanizare) și alte zone stabilite local.
Ce poate reglementa PUZ (art. 63 alin. 1): rețeaua stradală și de transport (extindere, modificarea profilelor stradale), organizarea arhitectural-urbanistică și volumetria, utilizarea terenurilor, infrastructura edilitară, statutul juridic și circulația terenurilor, protejarea monumentelor, amplasarea dotărilor publice și private, spațiile verzi. Reglementările PUZ devin obligatorii pentru certificatele de urbanism și autorizațiile de construire din zonă, iar planurile de investiții devin obligatorii pentru toți factorii responsabili, publici și privați (art. 63 alin. 2).
Equipment fees and urbanization contracts. Through the Tax Code, local equipment fees for the territory will be established, applicable to natural or legal persons in the area regulated by PUZs that provide for the transition of land from extravilan to intravilan for real estate development, functional reconversion or modification of indicators from PUG; fees can be differentiated also for those who did not initiate the documentation, depending on the benefit created (art. 63 para. 3). The local authority can negotiate, through a negotiation committee established by local council decision, urbanization or urban restructuring contracts with the PUZ initiator, for private financing of infrastructure, other than the investor's minimum obligation, which is equipping with water, sewerage, electricity networks and arranging communication routes (art. 63 para. 4).
Zona de reglementare și zona de studiu (art. 64). Se menționează în certificatul de urbanism (PUZ public) sau în avizul de inițiere (PUZ privat) (art. 64 alin. 1). Zona de reglementare cuprinde cel puțin imobilele generatoare, vecinii direcți și imobilele de pe aliniamentul opus; dacă include monumente istorice, cuprinde integral zona lor de protecție (art. 64 alin. 2). Zona minimă de studiu se definește de arhitectul-șef după impactul estimat asupra transportului, educației, sănătății, peisajului și mediului (art. 64 alin. 3). Ordinea autorizărilor și recepțiilor urmează strict planul de acțiune (art. 64 alin. 5), iar modificarea calendarului se face doar prin renegociere în comisia de negociere și hotărâre a consiliului local (art. 64 alin. 6).
Initiation (art. 65-67). PUZ may be initiated by local authorities or by interested natural or legal persons (art. 65 para. 1). Private proposals are analysed by the chief architect's office within the continuous review of PUG (art. 65 para. 3), and their opportunity is analysed periodically (art. 65 para. 4). If there are multiple requests in an area, the authority may decide on a coordination document for the entire area and request investors to collaborate; their failure to respond does not block the procedure (art. 65 para. 5). The authority may become co-initiator alongside private investors for projects of public interest (art. 65 para. 6).
Purposes for which private persons may initiate PUZ (art. 66 para. 1):
| Purpose | Limit |
|---|---|
| detailing the building conditions from PUG (lit. a) | - |
| modification of the intravillan boundary and urbanization/de-urbanization operations (lit. b) | according to art. 151 |
| modifications of the plot division or other functional modifications for which PUG can no longer be applied (lit. c) | except for operations under art. 214 lit. d |
| functional reconversion or any project involving modification of functions (lit. d) | increase of POT and CUT by maximum 20% |
| modification of regulations at the level of a UTR (lit. e) | increase of POT and CUT by maximum 20% from the initial value, only once |
| modification of regulations for parts of protected areas (lit. f) | without changing the character of the area; indicators by maximum 10% from the initial value, only once |
| regulation of restituted or reconstituted land (lit. g) | - |
The initiation request is filed with the opportunity study (art. 66 para. 2); the list of requests is published on the website of the town hall or county council (art. 66 para. 3). The authority may establish a prioritization grid based on benefits to the public interest (art. 66 para. 5) and through PUZ, land is secured for public interest objectives generated by the new investment (art. 66 para. 6).
The mayor has the obligation to initiate PUZ for areas conditioned thus through PUG or through higher-ranking documents (art. 67 para. 1); public PUZ-s do not require an initiation permit, the conditions being established through the urbanism certificate (art. 67 para. 2). For areas with monuments from world heritage, the initiative may also belong to the ministry or the National Heritage Institute (art. 67 para. 3).
Opportunity study (art. 68). It is prepared by specialists with signature rights and includes the technical memorandum (objective, proposed indicators, integration in the area, economic and social consequences, action plan with cost division between applicant and authority) and drawings (area framing, concept, accesses, utilities) (art. 68 para. 1). It is analysed by the technical commission for territorial planning and urbanism coordinated by the chief architect; if the UAT does not have a chief architect and commission, by the county commission (art. 68 para. 2).
Initiation permit (art. 69). Administrative act by which the mayor or the president of the county council permits the start of the private PUZ, when the investment requires details, additions or modifications of the regulations (art. 69 para. 1). It is prepared by the chief architect's office, signed by the latter and approved by the mayor or the president of the county council (art. 69 para. 2); when at least two UATs are involved, the president of the county council approves it with the prior favourable opinion of the mayors (art. 69 para. 3). The permit establishes the regulation and study area, functional categories and easements, minimum and maximum limits of indicators, necessary public facilities, accesses, parking and utilities, transport capacities, construction method, integration in documents, action plan scheme and necessity of the negotiation commission (art. 69 para. 4). The request may be postponed or rejected with reasons; the increase of indicators may be rejected in the absence of sound technical substantiation, if it generates excessive costs for the authority, contravenes the public interest or affects neighbours (art. 69 para. 7).
Deadlines for the initiation permit:
| Stage | Deadline | Legal basis |
|---|---|---|
| issuance of the permit or communication of postponement/rejection | at most 30 calendar days from the request; analysis in the technical commission is done within this deadline | art. 69 para. 8 |
| introduction on the technical commission agenda and analysis | maximum 30 days from filing | art. 69 para. 9 |
| address for completion or clarification | 30 days from filing at the registry | art. 69 para. 9 |
| issuance of the permit or rejection after analysis in the commission | maximum 15 days from analysis | art. 69 para. 10 |
Preparation and PUZ studies (art. 70-73). Studies and PUZ respect the conditions of the initiation permit (art. 70 para. 1); UATs may proceed directly to preparation without an initiation permit (art. 70 para. 2). Minimum mandatory studies: topographic, geotechnical, socioeconomic and public facilities, contribution to climate neutrality, legal circulation of land (art. 71 para. 1). When new utility networks are necessary, the solution study for utility and access infrastructure is mandatory (art. 71 para. 3); when circulation infrastructure is needed, the solution study regarding circulation and public transport (art. 71 para. 4). The utility solution study includes existing infrastructure, conditions, capacities and need for facilities, evaluation of costs for new facilities, estimated programme and obligations assumed by the initiator (art. 72 para. 2); through the urbanism certificate for PUZ, the authority is obliged to provide all known technical data about the utility infrastructure in the area (art. 72 para. 3). The legal circulation study integrates estimated costs calculated according to notarial grids and identifies properties that will pass into public ownership for public utility investments (art. 73).
PUZ Content (art. 74). Written documents: general memorandum, local urban planning regulation, action plan and public investment programme (art. 74 para. 2). The action plan highlights public and private investments, estimated value, financing sources, phasing and sequence of authorisations and approvals; it mandatorily establishes the approval of utility, transport and public lighting infrastructure before approval of private objectives (art. 74 para. 6). Drawn documents: integration into PUG, existing situation, urban planning regulations, utility pre-coordination, legal circulation of land, Seveso compatibility zones, climate resilience and renewable energy measures (art. 74 para. 7).
PUZ Approval (art. 75). Carried out by the local integrated approval commission, through the integrated approval system; PUZs for areas with world heritage monuments are also approved by the national commission (art. 75 para. 1). The technical opinion of the chief architect is issued within a maximum of 15 working days from submission of complete and correct documentation; the response to incomplete documentation is transmitted within 15 working days (art. 75 para. 2).
PUZ Approval and Effects (art. 76). Approved by local council resolution (or by the General Council of Bucharest Municipality) with absolute majority, based on the integrated opinion and SNAOPSN opinions (art. 76 para. 1). Documentation deficiencies are notified in writing within a maximum of 15 working days from registration, with a completion period of at most 6 months; upon expiry, the applicant is invited to withdraw the documentation (art. 76 para. 3). Documentation is included on the local council agenda within a maximum of 45 calendar days from the chief architect's technical opinion (art. 76 para. 4). Properties with urban easements or construction obligations assumed through PUZ cannot be subject to abandonment as provided by art. 562 of the Civil Code (art. 76 para. 5). Councillors cannot amend the technical content (art. 76 para. 7). The regulations become binding for all properties (art. 76 para. 8), and the investment programme and action plan become binding for initiators, authorities and all persons involved (art. 76 para. 9).
Validity: PUZ applies until updated or modified by documentation of equal or higher rank; validity extends by right until completion of projects whose authorisation began during the validity period (art. 76 para. 10). The approval resolution may set a validity period; in its absence, PUZ remains applicable until modified, updated or repealed (art. 76 para. 11). Expiry does not affect investments for which the authorisation procedure was initiated before the expiry date (art. 76 para. 12).
Section 4 - Urban Plan for Areas Protected as National Interest (art. 77)
Optional documentation, at the initiative of central or local authorities, for national importance historical monuments and their protection zones, cultural landscapes or protected natural areas and sustainable development zones from management plans of protected areas of national interest (art. 77 para. 2). Within the protected area of national interest, urban planning documentation may be initiated only by local authorities, including at the request of private persons, in compliance with negotiation rules from art. 63 para. 4 (art. 77 para. 3).
Section 5 - Local Urban Planning Regulations (art. 78-79)
The local regulation is an integral part of PUG and PUZ (art. 78 para. 1) and details land use, placement, sizing and realisation of built volumes, arrangements, plantings, materials and colours, by zones (art. 78 para. 2), differentiated by UTR, zone or subzone (art. 78 para. 3). In real estate development and urbanisation zones it may impose a minimum percentage of land area allocated to public works, facilities and green spaces (art. 78 para. 5). It must contain provisions at plot level for green-blue infrastructure, access to public transport and rapid charging stations and road safety rules (art. 78 para. 6). In functional urban and rural zones, the regulation establishes minimum distances between plots with dwellings and those with public interest functions (art. 79 para. 2).
Section 6 - Foundation Studies (art. 80)
Foundation studies are carried out before or concurrently with the documentation and must use updated data, no more than 3 years old (art. 80 para. 2); studies older than 3 years may be used only if the developer confirms that the information has not lost validity (art. 80 para. 3). Categories of information collected permanently in the National Territorial Observatory are established by ministerial order (art. 80 para. 4).
Section 7 - Detailed Urban Project (art. 81-85)
Nature of PUD. Urban planning instrument with a detailed character, which ensures the conditions for placement, sizing, shaping and utility servicing of one or more objectives, in correlation with the predominant function and surroundings (art. 81 para. 1). Through PUD, relationships with surroundings and maximum buildability are studied, function compatibility, accesses and connection to public roads, parking, waste platforms, playgrounds, restrictions in protection zones and legal circulation of land (art. 81 para. 2). It is elaborated only for detailing PUG or PUZ provisions or for renewable energy investments within town limits, if the function complies with the superior documentation (art. 81 para. 3).
When can PUD modify regulations (art. 82 para. 1): land with irregular geometry; minimum buildability conditions (area and/or street frontage) not met, with differences under 10% from the established minimums; covering of gable walls and alignment to cornices; cases established by local regulations; extension of public buildings for compliance with technical regulations; metro stations; border crossing points; systematisation of intersections of category III and IV streets.
What can PUD modify (art. 82 para. 2):
| Element | Limit |
|---|---|
| location relative to the building line, lateral and rear boundaries, between buildings on the same plot (lit. a) | when morphological details are needed, difficult foundation conditions, or the plot does not meet minimum buildability requirements |
| FAR and/or FSI (lit. b pt. i) | by maximum 20% of the permitted limits, once only, exclusively for covering gable ends, cornice alignment, accents on corner plots, perspective endpoints, frontages on category I and II streets, compliance with fundamental requirements |
| maximum height and/or height regime (lit. b pt. ii) | for gable ends, cornices, accents, perspective endpoints, frontages on category I and II streets, alternative energy equipment |
| FAR and/or FSI by maximum 20% and/or one additional level (lit. b pt. iii) | once only, for new public buildings or extensions, except in protected areas |
| isolated/semi-detached/terraced building regime (lit. c) | only when the plot does not meet minimum buildability requirements; not in protected areas |
| one subdivision only (lit. d) | maximum 12 lots for individual dwellings, incorporating PUG/PUZ provisions and access to an existing or regulated road |
PUD is prepared for one plot, regardless of area, or, by exception, for several adjacent plots (art. 82 para. 3). The requirement for PUD and the chief architect's approval is mentioned in the urban certificate (art. 82 para. 4).
PUD Procedure (art. 83-85). PUD is prepared as a specialist study at the building authorization stage, by specialists registered with the Register of Urban Planners of Romania (art. 83 para. 1), in at least two preliminary location variants analyzed in the technical committee (art. 83 para. 2 lit. b-c); it is approved by the single-agreement committee and independent reviewers, then by the chief architect's technical approval and approved by mayoral order (art. 83 para. 2 lit. e-f). The same approvals are used as for building authorization, except those issued strictly for authorization (art. 84 para. 3). The chief architect's approval is issued within maximum 15 days of submitting complete documentation (art. 84 para. 5). Approval by mayoral order (or by the county council president, when at least two local authorities are involved or the specialized structure is missing) is issued within maximum 15 calendar days from the chief architect's approval (art. 85 para. 1-2). The approved PUD becomes part of the PUG or PUZ and is valid until approval of new documentation or a new PUD (art. 85 para. 3), after which technical documentation for the building permit can be prepared (art. 85 para. 4).
Frequently Asked Questions
What is the difference between territorial planning and urban planning documents?
When is PUZ needed and when is PUD sufficient?
How long is a PUZ valid?
Summary and structuring: Antal Șteflea MBA, Vianto Properties.